1. CALL TO ORDER OF THE AURORA CITY COUNCIL MEETING 2. · 2019. 6. 11. · Aurora City Council...

Aurora City Council Agenda June 11, 2019 of 2

Agenda Aurora City Council Meeting

Tuesday, June 11, 2019 at 7 P.M. City Council Chambers, Aurora City Hall 21420 Main Street NE, Aurora, OR 97002

1. CALL TO ORDER OF THE AURORA CITY COUNCIL MEETING

2. ROLL CALL

Mayor Kris Sallee Councilor Mercedes Rhoden-Feely Councilor Brian Asher Councilor Tara Weidman Councilor Tom Heitmanek

3. CONSENT AGENDA a) City Council Minutes – May 14, 2019 b) Planning Commission Minutes – May 7, 2019 c) Historic Review Board Minutes – April 25, 2019 d) Parks Committee Minutes – April 16, 2019

4. VISITOR

Anyone wishing to address the Aurora City Council concerning items not already on the meeting agenda may do so in this section. No decision or action will be made, but the Aurora City Council could look into the matter and provide some response in the future.

5. CORRESPONDENCE a) Aurora Fire District SPIRE Grant b) Oregon Department of Land Conservation and Development—2019 Transportation and

Growth Management Program Planning Grant Application

6. NEW BUSINESS a) Donald-Aurora Interchange Improvements Project Update b) Planning Commission Recommendations Regarding Utility Billings c) Planning Commission Request for Input on Potential Code Changes Regarding

Outdoor Displays in the Historic District d) Discussion and/or Action on Contract for Land Use Services with Mid-Willamette

Valley Council of Governments FY 2019/20 e) Background Checks for Volunteers

7. PUBLIC HEARING

a) Discussion and/or Action on 2019-20 Fiscal Year Budget and All Related Resolutions as Listed: • Resolution 762— To Levy Taxes • Resolution 763— Certification of Municipal Services Provided

Aurora City Council Agenda June 11, 2019 of 2

• Resolution 764—To Receive State Revenue • Resolution 765—To Adopt the Budget

b) Appeal of Planning Commission Interpretation (INT-2019-01) for 14971 First St NE

8. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS a) Resolution 762— To Levy Taxes b) Resolution 763— Certification of Municipal Services Provided c) Resolution 764— To Receive State Revenue d) Resolution 765—To Adopt the Budget e) Resolution 766—Authorizing the Mayor and City Council to Enter Into an

Intergovernmental Agreement with Marion County for Law Enforcement Services f) Resolution 767—Authorizing the Public Works Superintendent to Accept a Contract

for Not More Than $50,000 for Paving Work on Fourth Street g) Resolution 768—Authorizing the Public Works Superintendent to Accept a Contract

for Not More Than $50,000 for Paving Work on Filbert and Walnut Streets

9. REPORTS a) Public Safety b) Finance Officer c) Public Works d) City Attorney e) City Recorder f) Airport g) Planning h) Community Outreach i) Legislative Update j) Parks Committee k) Colony Days l) Mayors Report

10. OLD BUSINESS-N/A

11. ADJOURN

Aurora City Council Minutes May 14, 2019 Page 1 of 7

Minutes Aurora City Council Meeting

Tuesday, May 14, 2019 at 7 P.M. City Council Chambers, Aurora City Hall 21420 Main Street NE, Aurora, OR 97002

STAFF PRESENT: W. Scott Jorgensen, City Recorder; Mary Lambert, Finance Officer; Mark Gunter, Public Works Superintendent; Sarah Kendrick, City Attorney; John Ashley, City Engineer STAFF ABSENT: None VISITORS PRESENT: Robert Teran, Woodburn; Caitlyn Stark, Aurora; Jenny Kendall; Aurora; Leena Green, Aurora; Joseph Schaefer, Aurora; Bill Graupp, Aurora

1. CALL TO ORDER OF THE AURORA CITY COUNCIL MEETING

Mayor Kris Sallee called the meeting to order at 7 pm.

2. ROLL CALL Mayor Kris Sallee-Present Councilor Mercedes Rhoden-Feely-Present Councilor Brian Asher-Present Councilor Tara Weidman-Present Councilor Tom Heitmanek-Present

3. CONSENT AGENDA a) City Council Minutes – April 10, 2019 b) Planning Commission Minutes – April 2, 2019 c) Historic Review Board Minutes – March 28, 2019 d) Parks Committee Minutes – March 19, 2019

Councilor Rhoden-Feely had a correction on page eight of the council minutes. Councilor Brian Asher moved to approve the consent agenda, with the amendment to the council minutes. That motion was seconded by Councilor Tom Heitmanek and adopted unanimously.

4. VISITOR Jenny Kendall and Caitlyn Stark expressed concerns about the spraying that recently took place at the nine-acre city-owned property near the railroad tracks. North Marion High School student Robert Teran presented a proposal to plant flowers along the pathway at the city park as part of a student leadership project. He wants to talk to the Parks Committee in detail about which flowers to plant and open the project up to the community. Mayor Sallee urged him to connect with Councilor Asher, who serves as chair of the Parks Committee. That committee meets on the third Tuesday of each month.

5. NEW BUSINESS


a) Wastewater Treatment Plant Presentation by Keller Associates Emily Flock from Keller Associates gave the presentation on the wastewater facilities planning study. The city’s facilities have adequate storage but are inadequate in other areas. There are worker safety concerns. The disinfectant equipment has corrosion and needs to be upgraded. The firm recommends replacing the aeration system and adding an aerobic digester and dewatering unit. A structural integrity study of the effluent storage lagoon is also recommended. The lift stations are in good condition but the collection system has some deficiencies, as it’s mostly a low-flow system. They recommend lift station upgrades and the replacement of pipeline, a full system survey and a CCTV inspection and cleaning. The next steps are to implement the priority one improvements and update the user rate and system development charges. Public Works Superintendent Mark Gunter said the study is consistent with his understanding of the systems. There was a discussion about population projections. City Engineer John Ashley described the “one-stop meeting” with state agencies that can be used to help fund these needed improvements. Gunter said there aren’t many grants available, but the city can apply for various low-interest loans. He’s currently doing improvements on a piecemeal basis. Councilor Heitmanek moved to adopt the study. That motion was seconded by Councilor Asher and adopted unanimously.

6. CORRESPONDENCE a) Republic Services Yard Debris Day

City Recorder W. Scott Jorgensen summarized his recent correspondence with representatives of Republic Services. Citizens have asked about having a yard debris day and he wanted council input on that. Mayor Sallee asked about what kind of containers would be used. Jorgensen asked what the council’s preferences would be for a yard debris day. Mayor Sallee said it should be on a weekend and suggested June 22. She directed him to ask if it can be done once a month and said the city can use the newsletter to inform citizens about it.

b) Secretary of State’s Office Audits Division Finance Officer Mary Lambert said the correspondence was sent to the city’s auditor. The auditor has discussed it with the Audits Division and is addressing the concerns raised in the letter. She plans to follow up with the Audits Division in the next couple of months.

c) Public Hearing on Boone Bridge Seismic Upgrade Legislation Mayor Sallee said that Greg Leo has been reaching out to local governments in the area to solicit testimony in favor. She plans to attend the legislative hearing the following day and provide testimony.

7. REPORTS a) Public Safety b) Finance Officer c) Public Works

Gunter said the city’s high water usage months are coming up. The city’s fifth well is now operating, along with all the rest of them. There has been some turnover on his


staff and that includes a new hire. Jacob Johnson just started working for the department and recently finished earning a degree at Clackamas Community College in Water and Environmental Technologies. He interned at the City of Canby and did work at its wastewater treatment plant. All of the new water meters the city has purchased should be installed by the end of the month.

d) City Attorney City Attorney Sara Kendrick said she worked on a volunteer application at the mayor’s direction. Councilor Rhoden-Feely asked how many hours she spent on city business in the last month. Kendrick said just over two.

e) City Recorder Jorgensen said the city has tentatively been awarded a Certified Local Government Grant. He just needs to obtain signed preservation agreements with the owners of the properties that will be improved through the grant funds. A crew cleared blackberry bushes and other invasive species from the nine-acre city-owned property near the railroad tracks. Spraying was done last Tuesday. Some neighbors had concerns and he provided them with information. There shouldn’t be any additional spraying done on the site as part of the weed eradication efforts. The architect for the commercial property on Ehlen Road attended the last Historic Review Board meeting to solicit preliminary design input. It was well-received. He updated the city recorder office procedures and has been working on enforcement issues on an industrial property on Ottaway Road. One sidewalk has been completed on that site and other required frontage improvements are in the process of being done. He did the HR process for the seasonal public works position, attended a Census Information Session in Salem and is renewing the city’s insurance policy. All of the council resolutions passed in the last several years have been posted to the city’s website. He’s coordinating with the city planner to codify recently approved code changes to the website. Marion County’s new engineer and public works director met with he and Gunter. They discussed ongoing concerns about the capacity and traffic issues on Airport Road. Site Development Reviews were conducted by the Planning Commission at its last meeting for projects on Highway 99 and First Street. A pre-construction conference was held for the Historical Society’s project and permits have since been issued.

f) Airport Councilor Heitmanek said that comments have been received by the county regarding the TLM Holdings application for a proposed development near the airport. A recommendation is pending and the matter will go before the Marion County Board of Commissioners. A subsequent hearing at the state Land Use Board of Appeals is likely. He spoke to the applicant’s attorney and informed him that the city’s position has not changed. They’ve discussed submitting a Memorandum of Understanding for Heitmanek to present to the council but he has not received it yet. He attended the most recent PAAM meeting. Federal grant funds for the airport runway extension have not been approved and aren’t likely to be this cycle because many applications were received. HTS and Columbia may sponsor Colony Days and Mayor Sallee will follow up with them.

g) Planning Mayor Sallee said two SDRs were approved by the Planning Commission with conditions. The Commission voted for a fee in lieu of frontage improvements for the


proposed Aurora Mills development. Planning Commission Chair Joseph Schaefer said the portion of Highway 99 that Portland Electrical Construction is located on will probably be developed over the long-term, so the non-remonstrance agreement was deemed appropriate. The Aurora Mills development is set back from the street. It’s an odd location for a right of way. There are no plans to develop it as a public street and it has a steep topography. A sidewalk would be a huge expense. The waiver is a tool if there will be a sidewalk there someday, which is unlikely. The city has a program in its code that allows a one-third fee discount fee in lieu of improvements and the Commission voted to do that. Mayor Sallee said the commission also discussed the Historic Review Board’s recommendations for A-frame signs and the TLM Holdings application.

h) Community Outreach Councilor Rhoden-Feely said the SIT team’s steering committee is discussing becoming a 501C3 to apply for grants. It would need to assemble a board of directors to do that. They discussed using early learning hub funds that expire at the end of June for a SMART program for kindergarteners at North Marion Elementary School. SMART currently has no active presence there. A volunteer coordinator would be needed for that.

i) Legislative Update Jorgensen said that House Bill 5006 is in the Ways and Means Subcommittee on Capitol Construction. It includes an allocation of $205,000 to the Department of Administration and $1.8 million to the Department of Aviation for run-up area construction at the airport. A public hearing was held on the bill April 26. HB 2420 deals with third-party building officials and is being opposed by the city. It passed the House April 23 on a 35-23 vote that was largely party-line. He did some lobbying via telephone and most House Republicans opposed it. Four Democrats voted against it because they have cities in their districts that would be adversely affected by the bill. HB 2420 has been referred to the Senate Rules Committee. Senators Betsy Johnson and Arnie Roblan are likely to oppose it because cities in their districts would be harmed by it. SB 1047 deals with the same issue but is supported by the League of Oregon Cities and the Association of Oregon Counties. It has also been referred to Senate Rules.

j) Parks Committee Councilor Asher said the committee discussed Colony Days and the results of a survey about having a community garden in town. They’ve tabled further discussion of the garden because it’s now too late in the season to do it. The committee also went over park rules and rental information and the contents of the bulletin board that will be placed at the city park. He addressed the spraying at the city-owned property by the railroad tracks. The aroma around town days later was due to chicken manure being used on properties north of town. The spraying was done with the Pudding River Watershed Council and wouldn’t harm people or pollute the stream.

k) Colony Days Mayor Sallee said she reached out to HTS and other previous sponsors. Almost $4,000 in sponsorship has been received or committed. She plans to follow up with businesses. There will be a trolley bus for the event and bands have been booked. She’s reaching out to previous vendors. There were 35 last year and she wants more


for this year’s event. She’s working on marketing, which will include mailers to 20,000 homes. There will be a program with maps of activities that is an additional sponsorship opportunity.

l) Mayors Report Mayor Sallee said there has been some discussion expressing concern about transparency and she wants to address it. She won’t do anything that is not transparent. The intention of the meeting with representatives of TLM Holdings was done with council direction and the city’s best interests. She wouldn’t agree to anything that she wouldn’t bring to the council. She feels it was a sad day that a resolution was needed to keep the city’s contract deputy here. The deputy recorded the most recent conversation between them. She finds that discouraging but will still work with him. Colony Days is taking up much of her time so she had a discussion with Councilor Tara Weidman about her becoming Planning Commission liaison. NEW BUSINESS

b) Review of Zoning and Comprehensive Plan Maps Jorgensen explained that the county had outdated information for some properties that are in city limits. The county’s maps said they were not. Councilor Asher moved to approve the maps. That motion was seconded by Councilor Weidman and adopted unanimously.

c) Auditor Agreement with Grove, Mueller and Swank, P.C. Councilor Weidman moved to approve the agreement. That motion was seconded by Councilor Rhoden-Feely and adopted unanimously.

d) A-Frame Sign Letter to Business Owners Jorgensen said the Planning Commission approved the letter by consensus. Councilor Heitmanek noted a typo in the letter. Jorgensen said he will inform the HRB at its next meeting. Councilors agreed by consensus to send the letter with the typo corrected.

8. PUBLIC HEARING-N/A

9. ORDINANCES, RESOLUTIONS AND PROCLAMATIONS a) Resolution 760

Mayor Sallee said the resolutions passed at the previous council meeting were not discussed. They were initiated to make sure the county was aware of who was speaking on the city’s behalf regarding the TLM Holdings application. She felt more clarity was needed. The resolutions were gone through quickly without much discussion. They were not vetted by the city attorney. She feels there were things missing from the resolutions that she wants the council to consider. She feels it’s important for the mayor’s authority to be preserved, along with the opportunity to represent the city and work with the airport liaison. Councilor Heitmanek asked if she is intending to be co-liaison for any other committees. If she doesn’t think he’s


competent to be airport liaison, he will step down. She just stepped down as Planning Commission liaison because she doesn’t have the time to do it. Mayor Sallee said it’s in case she needs to inject the mayor role into that position if Heitmanek is not available. Councilor Rhoden-Feely asked when the mayor designated herself as the co-airport liaison. Mayor Sallee said she did it in the resolution. Councilor Rhoden-Feely asked who drafted the resolutions. Mayor Sallee said it was the Mid-Willamette Valley Council of Government’s contract attorney. Councilor Rhoden-Feely said the city needs to designate a key contact for that contract and should do so. She asked how much it cost to have the resolutions drafted. Mayor Sallee said it cost $435. She said the city attorney was not able to come up with the items. She felt the last resolution pulled the mayor out of the discussion. Councilor Heitmanek asked Kendrick for her opinion on the validity of the previous resolutions. Kendrick said she reviewed them and they are legally sufficient. It’s up to the council to discuss them and come to conclusions. Councilor Heitmanek said the council approved them by a vote. Mayor Sallee said it doesn’t mean she can’t bring up another resolution. She is the official conductor of city business and spoke with the COG attorney who said it was appropriate and she has the authority to do this. Councilor Rhoden-Feely asked if the mayor received personal advice from the COG attorney. Mayor Sallee said she’s trying to do her role as mayor. She asked Councilor Heitmanek if he had an issue with the idea of an airport co-liaison. Councilor Heitmanek said he did. His big issue is with having dueling resolutions. The mayor spent $435 on an outside attorney when there were hours of unused time from our city attorney that are going to waste. She’s one-fifth of the council, and so is he. Mayor Sallee said she did spend $435, but felt it was a better resolution. It shouldn’t be an issue. Councilor Rhoden-Feely asked what was wrong with the resolutions that passed. Mayor Sallee said there is no opportunity for the mayor to be involved. She’s the mayor and the city manager. Councilor Heitmanek said his job as airport liaison is to inform the council. Mayor Sallee reiterated that she thinks it’s important for her to have a role there. No motion was made to pass the resolution.

b) Resolution 761 Mayor Sallee said the basis for the resolution was the process that was used in February 2017 to fill a council vacancy. The issue came up regarding her brother. The council was counseled incorrectly and there was maneuvering that went on. Councilor Rhoden-Feely said it was a substantive revision of two resolutions previously passed by the council. It removes the portions of one resolution pertaining to public works contractors. Councilor Heitmanek concurred. He said he is not inclined to agree with removing the part requiring those contractors to be licensed. Mayor Sallee said that is that is already a requirement of contractors. She assumes the city is diligent about it. This resolution is making sure the city can’t use advisors without having them submit to a background check. We don’t need that with contractors. Councilor Feely said they city should designate a key contact for the COG contract. Mayor Sallee said it should be the mayor. No motion was made to pass the resolution.

10. OLD BUSINESS-N/A


11. ADJOURN The meeting was adjourned at 9:23 p.m. __________________________________ Kris Sallee, Mayor ATTEST: _____________________________________ W. Scott Jorgensen City Recorder

Oregon.gov/OEM | Facebook @OMDOEM | Twitter @OregonOEM

OREGON OFFICE OF EMERGENCY MANAGEMENT

SPIRE Grant Update May 22, 2019

The Oregon Office of Emergency Management (OEM) and community review group members, have

completed the review of the submitted applications for the State Preparedness and Incident Response

Equipment (SPIRE) Grant Program. The attached list (in alphabetic order) are the successful applicants

that have been deemed responsive to the requirements of the application and will be considered

eligible to receive equipment under the SPIRE Grant Program.

Official notifications will be made to the successful applicants once the procurement process has

started. The procurement process will begin once the Tribal supplemental application process is

completed and applications reviewed and scored. Please be patient through this process and we will

provide additional information as it becomes available. If you have specific questions related to your

application please contact Jim Jungling at [email protected].

Milestones:

- Tribal supplemental

- DAS Procurement

- Grant Agreement

Please hold all questions related to the above list if possible. Once the milestones are met we will be

able to answer any questions that you may have.

mailto:[email protected]

Oregon.gov/OEM | Facebook @OMDOEM | Twitter @OregonOEM

Albany Fire Department Deschutes County Road Department

Aurora Fire District Deschutes County Sheriff's Office Emergency Management

Bay Area Hospital Dora-Sitkum Rural Fire Protection District

Cannon Beach Fire District Eddyville Charter School

City of Bend Public Works Streets & Operations Eugene Airport

City of Clatskanie Eugene Springfield Fire

City of Corvallis Eugene Water & Electric Board

City of Cottage Grove Evans Valley Fire District #6

City of Dallas Police Department Forest Grove Fire and Rescue

City of Dayton Gresham Fire & Emergency Services

City of Estacada Hood River County Emergency Management

City of Gaston Hoodland Fire District #74

City of Glendale Josephine County Emergency Management

City of Gresham Lincoln County Emergency Management

City of Hubbard Linn County Emergency Management

City of Keizer Public Works Lookingglass Rural Fire District

City of Klamath Falls Lower Umpqua Hospital District

City of Madras Malheur County Health Department

City of Manzanita Marion County Emergency Management

City of McMinnville McMinnville Water and Light

City of Mt. Angel Milton-Freewater School District

City of Newberg Morrow County Sheriff's Office

City of Oakland Multnomah County Emergency Management

City Of Reedsport North Sherman County RFPD

City of Siletz Public Works Owyhee Irrigation District

City of Silverton Portland Fire & Rescue

City of Sisters Redmond Public Works

City of St. Paul Roberts Creek Water District

City of Stayton/Stayton Police Siletz Rural Fire Protection District

City of Sublimity St. Paul Fire District

City of Sutherlin Office of Emergency Management Tillamook County

City of Umatilla Police Department Town of Butte Falls

City of Winston Public Works Town of Butte Falls

Clackamas Fire District #1 Umatilla County Sheriff's Office-Emergency Management

Clatsop County (Astoria) University of Oregon

Coos Health and Wellness, Public Health Emergency Preparedness Wallowa County Emergency Management

Crook County Sheriff's Office Washington County Facilities

Depoe Bay Fire District Yachats Rural Fire Protection District

From: Tracie HeidtTo: Tracie HeidtCc: HENSON Anna * ODOTSubject: Aurora-Donald Interchange Improvements - Stakeholder Engagement Group Meeting June 12Date: Friday, May 24, 2019 2:52:29 PM

Hello, Please save the date for our second Stakeholder Engagement Group meeting. Stakeholder Engagement Group MeetingWednesday, June 12 from 4 – 5 PM (Public Open House will follow 6 - 8 PM)

Christ Lutheran Church, 15029 2nd Street NE, Aurora Join us for a brief presentation and discussion for the immediate area property owners, businesses,and area stakeholders near the Aurora-Donald Interchange. We would like to share an update aboutthe project and follow up with some data on the two interchange alternatives we introduced to youin April. ODOT will be making a decision on the preferred alternative in June and then the team willdesign the first phase of improvements possible with available funding. ODOT staff and consultantswill be at the meeting. A public Open House will follow at the same location between 6 – 8 PM. Please RSVP to me at [email protected] or (503) 235-5881 x116 to confirm your attendance at the 4- 5 PM meeting. We hope you can come! Thank you. Sincerely, TracieOn behalf of ODOTwww.AuroraDonaldInterchange.org Tracie HeidtCommunity Outreach | Aurora-Donald Interchange [email protected]

jla | public involvement collaborative planning, decisions & communications(503) 235-5881 x116 :: fax (503) 230-4877 :: web www.jla.us.com





http://www.auroradonaldinterchange.org/


http://www.jla.us.com/

100 HIGH STREET S.E., Suite 200 | SALEM, OREGON 97301 | www.mwvcog.org

T: 503.588.6177 | F: 503-588-6094 | E: [email protected] An equal opportunity lender, provider, and employer

Serving member governments in Marion, Polk, and Yamhill Counties

June 3, 2019 W. Scott Jorgenson, City Recorder City of Aurora 21240 Main Street Aurora OR 97002 Dear Scott, As we near the close of another fiscal year, I am enclosing for your consideration two copies of a contract for continuing land use planning services from July 1, 2019 to June 30, 2020. At their March meeting, the MWVCOG Board of Directors adopted Resolution 2019-06 setting rates for all of our programs. As in previous years, the rates do not require a minimum number of hours. The new rates related to land use planning are enclosed as Exhibit A to the land use planning contracts. This agreement covers land use planning services on an as-needed, on-demand basis. Mileage costs associated with providing land use planning services are charged directly to the city at the IRS mileage rate. To help reduce travel costs to the city, land use planners are able to participate in meetings by phone and make arrangements for conference calls as needed by the city. Our costs for on-demand service reflect the fact that it is much more difficult to plan and budget for this work. Most of the cities that we provide this service to are able to pass this cost on to the developers or applicants who require the planning service, either through direct billing or through the collection of fees. We would be glad to assist you with putting such a system in place if you do not already have such a means of recovering these costs. One planning service that we will continue to provide to client cities at no charge is the preparation of grant applications to pay for land use planning projects. Also, when we assign a planner to a city, they become responsible for reporting back to the rest of the COG staff on other needs that you may have such as public works improvements, transportation needs, etc., so that you can take full advantage of other COG resources that may be available. Please sign and return both copies of the enclosed contract by June 30th. If you have questions or wish to discuss this further, please contact me at 503-540-1618 or [email protected]. We are also seeking your feedback via an annual evaluation and survey, which is available online at: https ://www .surveymonkey.com/r /2019COGLUSvcsEval. Feel free to share this survey with members


of your city council or planning commission, as you think appropriate. Your feedback is critical to our efforts to monitor and improve services. We appreciate the opportunity to provide land use planning services to you and look forward to working with you in the coming years. Sincerely,

Renata Wakeley Sean O’Day Community Development Director Executive Director

2019-20 Land Use Planning Services Contract – City of Aurora Page 1 of 4

CONTRACT LAND USE PLANNING SERVICES

THIS AGREEMENT is made and entered into this 1st day of July, 2019 by and between the CITY OF AURORA, OREGON, a municipal corporation ("CITY"), and the MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS ("COG"), a voluntary intergovernmental association created by charter and Agreement pursuant to ORS Chapter 190 of which CITY is a member.

WITNESSETH:

IN CONSIDERATION of the mutual premises and stipulations set out below, the CITY and COG do hereby agree as follows: A. COG Responsibilities

1. COG shall provide an experienced senior land use planner to assist the CITY in processing land use actions, zone code revisions and other related activities which may be requested by the CITY.

2. COG shall provide to CITY mapping, graphics and document production services related

to work requested by CITY under paragraph A.1. 3. COG shall provide to City legal services as requested by City related to work under

paragraph A.1.

4. COG shall provide monthly billing statements. B. CITY Responsibilities

1. CITY agrees to engage COG as a provider of land use planning consulting services. 2. CITY agrees to pay for land use planning services under paragraph A.1. at a rate as

indicated in the attached Exhibit A - COG Board approved fee schedule, plus mileage at the IRS mileage rate for travel related to providing said services.

3. CITY agrees to pay the actual cost of mapping, graphics and document production

provided under paragraph A.2. 4. CITY shall review, process and pay COG's monthly invoices within 30 days of receipt. 5. CITY shall designate a key contact person through which all requests for services will

come and with whom the activities of COG's land use planner will be coordinated. C. COG Services Provided Without Additional Compensation

1. COG shall provide advice and assistance to CITY with grant and loan applications for financing of public improvements at no additional charge except in those instances when such work may be eligible for compensation from the granting agency.


2. COG shall prepare documentation and applications for funding for additional planning projects on behalf of CITY.

3. COG shall refer CITY to other available resources that may be available to address needs

of CITY upon request.

D. Termination and Amendment

1. This Agreement shall be terminated on June 30, 2020 unless otherwise agreed to by COG and CITY by amendment to this Agreement.

2. This Agreement may be terminated for convenience by either party upon written notice

of 30 calendar days. 3. This Agreement may be amended only by written agreement executed between the

parties. E. Independent Contract

1. The CITY has engaged COG as an independent contractor for the accomplishment of a particular service. Neither party, nor the officers and employees of either party shall be deemed the agents or employees of the other party for any purpose.

F. Limited Warranty

1. Unless requested by the City that the COG provide legal services, CITY agrees to seek and rely exclusively on the advice of its own legal counsel as to the legal sufficiency of the land use planning process and its products. The parties expressly recognize that the review process involves political and legal judgment entirely within the control and authority of the CITY. COG's only obligation is to provide advice from the perspective of land use planning principles, and not legal or political counsel.

2. In no event shall COG be liable for indirect or consequential damages of any nature. In

no event, regardless of theory of recovery, shall COG be liable for any damages in excess of the amounts actually paid by CITY to COG under Paragraph B. hereof.

3. CITY agrees to provide a representative to present the CITY's viewpoint at public

hearings regarding a dispute between the CITY and the County or another city. COG will provide support and information as appropriate (including research and staff reports) to aid the CITY in making its arguments.

IN WITNESS WHEREOF, COG and the CITY have, by approval of their respective governing

bodies, caused this Agreement to be executed as of the day and year aforesaid. MID-WILLAMETTE VALLEY CITY OF AURORA COUNCIL OF GOVERNMENTS By:_______________________________ By:_______________________________ Sean O’Day, Executive Director


EXHIBIT A

BEFORE THE BOARD OF DIRECTORS FOR THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS In the matter of establishing rates for services provided member and other entities on a fee-for-service basis.

RESOLUTION 2019-06 WHEREAS, the Mid-Willamette Valley Council of Governments (COG) is an intergovernmental entity established by agreement among the participating jurisdictions pursuant to their home rule authority and ORS 190.019. WHEREAS, the agreement establishing the COG and ORS 190.020 allows the COG to enter into intergovernmental agreements for the delivery of services to its member governments WHEREAS, the COG presently offers a host of fee-for-service programs on a contractual basis with its member governments to include land use planning, housing rehabilitation loan administration, revolving loan program administration, legal services, executive recruiting, and other technical services; and WHEREAS, the Board of Directors for the COG desires to set rates for such services that are affordable for members and where feasible recover the COG’s costs of providing such services, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS: That the following rates shall take effect for the COG’s fee-for-service program beginning July 1, 2019, and ending June 30, 2020, unless sooner amended:

Member Services

Recruitment Services: Population Fee Up to 1,000 $5,938 1,001 to 5,000 $8,097 Over 5,000 $10,256 Non-member Entities $16,193 Background Check Services $500/background check Legal Services General Counsel Services $156 per hour Hearings Officer Services $175 per hour Miscellaneous Technical Services Executive Director $200 per hour Support Staff $80 per hour

Community Development Services Land Use Planning (small cities)* Senior Planner $87 per hour Associate Planner $85 per hour GIS Analyst $89 per hour Support Staff $60 per hour


Grants Administration* Grants Administration Specialist $76 per hour Support Staff $60 per hour Housing Rehab Services* Grants Administration Specialist $76 per hour Economic Development Services* Development Director $113 per hour Senior Planner $95 per hour Associate Planner $85 per hour GIS Analyst $89 per hour Support Staff $60 per hour *(Any contracts that exceed a 1 year period shall be charged at the above rates plus 5%.)

GIS/Data Services GIS Services Member Rate $89 per hour Non-profit Rate $94 per hour For Profit Rate $108 per hour Modeling Services Member Rate $102 per hour Non-profit Rate $107 per hour For Profit Rate $120 per hour

Loan Program Services Administration of Member Revolving Loan Programs Program Manager $108 per hour Loan Officer $77 per hour Servicing Specialist $60 per hour Loan Underwriting, packaging and Closing Services 1.5 % of Loan Amount, Minimum Fee - $800 Loan Servicing and Reporting $1,800 annually SBA Loans Program Manager $108 per hour Loan Officer $77 per hour Servicing Specialist $60 per hour Support Staff $60 per hour ADOPTED by the Board of Directors of the Mid-Willamette Valley Council of Governments at Salem, Oregon this 19th day of March, 2019.

Background checks were not done on the following volunteer committee members who were appointed since March 2017: Planning Commissioners Cindy Riley Historic Review Board Stephen Mikulic Budget Committee—At-Large Members Stuart Cregger Richard Bellinger Parks Committee Ronan Feely Annie Harris I haven’t found official documentation on background checks for the following volunteer committee members. However, many are former elected officials who nonetheless may have had them done prior to 2017: Planning Commissioners Joseph Schaefer Johnathan Gibson John Berard Bud Fawcett Tim Shea Historic Review Board Gail Abernathy Budget Committee Nick Kaiser Byron Schriever Background checks cost around $50 apiece. My administrative time to conduct it would be minimal at best.

Interpretation 19-01_Staff Report Page 1

CITY OF AURORA APPEAL OF NON-REMONSTRANCE AGREEMENT APPLICATION IN LIEU OF

STREET AND SIDEWALK IMPROVEMENTS

FILE NO. INT-19-01 June 4, 2019 (for June 11, 2019 City Council meeting)

APPLICANT/OWNER: Mike Byrnes SITE LOCATION: 14971 First Street, Aurora OR. Also known as Map 41W12CD Lot 2100 SITE SIZE: Approximately 22,216 square feet, or 0.51 acres DESIGNATION: Zoning: Commercial (C) with Gateway Property CRITERIA: Aurora Municipal Code (AMC) Chapter 16.14 Commercial and 16.34

Public Improvement and Utility Standards ENCLOSURES: Exhibit A- Appeal application I. REQUEST Appeal of the Planning Commission decision to impose payment in lieu of street and frontage improvements under AMC 16.34.030.A.3. II. PROCEDURE The applicable review criteria for waiver of street and sidewalks improvements are found under AMC 16.34.030.A. and applications are processed as Planning Commission decisions under AMC 16.78. Pending a decision of the Planning Commission, a Notice of Decision is mailed to the applicant and adjacent property owners. The application was received and fees paid on April 15, 2019. The City has until August 12, 2019, or 120 days from acceptance of the application to approve, modify and approve, or deny this proposal. III. APPEAL Appeals are governed by AMC 16.78. An appeal of the Commission's decision shall be made, in writing, to the City Council within 15 days of the Planning Commission’s final written decision. The City received a copy of the appeal of the May 7th Planning Commission decision on May 23, 2019 in compliance with AMC 16.78. IV. CRITERIA AND FINDINGS


The applicable review criteria for waiver of street and sidewalks improvements are found under AMC 16.34.030-Streets and as summarized in the Planning Commission staff report dated April 30, 2019. V. CONCLUSIONS AND RECOMMENDATIONS Based upon consultation with the City Attorney, the City Planner erred in recommending the Planning Commission had the ability to impose payment in lieu of street improvements under AMC 16.34.030.A.3. as the applicant had not requested payment in lieu as part of their Interpretation (INT-19-01) application. Therefore, the City Council only has the option to impose applicable street improvements in compliance with the Aurora Municipal Code OR the City Council may approve the request to accept and record a non-remonstrance agreement in lieu of street improvements under Interpretation 2019-01 (file no. INT-19-01) for the subject property based upon the findings outlined in the staff report. Based upon the findings in the staff report, staff recommends the City Council approve the request to accept and record a non-remonstrance agreement in lieu of street improvement with the following conditions of approval:

1) Develop the subject property in accordance with plans approved by the city.

2) Comply with all City of Aurora and State of Oregon development, building and fire codes. Where public improvements are required, all public works facilities shall be designed to the City of Aurora Public Works Construction Standards (PWCS) plus the requirements of the Aurora Municipal Code (AMC) except where waived by the City of Aurora. Where the PWCS are silent, the Marion County Public Works Standards shall apply, followed by the Oregon APWA/ODOT Standards.

3) Prior to occupancy permit approvals for the subject property, evidence of a City approved and

recorded non-remonstrance agreement for frontage and street improvements along the subject property shall be submitted to the City of Aurora. Recording costs are those of the applicant/owner.

VI. CITY COUNCIL ACTION

A. Approve the request to accept and record a non-remonstrance agreement in lieu of street

improvement on the subject property (INT-19-01):

1. As recommended by staff, or

2. As determined by the City Council stating how the application satisfies all the required criteria, and any revisions to the recommended conditions of approval, or

B. Deny the request for to accept and record a non-remonstrance agreement in lieu of street

improvements on the subject property (INT-19-01) stating how the application does not meet the applicable approval criteria.

C. Continue the hearing to a time certain or indefinitely (considering the 120-day limit on applications).


CITY OF AURORA APPLICATION FOR APPROVAL OF NON-REMONSTRANCE AGREEMENT IN

LIEU OF STREET AND SIDEWALK IMPROVEMENTS

FILE NO. INT-19-01 April 30, 2019 (for May 7, 2019 Planning Commission meeting)

APPLICANT/OWNER: Mike Byrnes SITE LOCATION: 14971 First Street, Aurora OR. Also known as Map 41W12CD Lot 2100 SITE SIZE: Approximately 22,216 square feet, or 0.51 acres DESIGNATION: Zoning: Commercial (C) with Gateway Property CRITERIA: Aurora Municipal Code (AMC) Chapter 16.14 Commercial and 16.34

Public Improvement and Utility Standards ENCLOSURES: Exhibit A- Assessor Map Exhibit B- Application for waiver of street and sidewalk improvements Exhibit C- Street photos Exhibit D-Aurora Transportation System Plan excerpts I. REQUEST Approval of a non-remonstrance agreement in lieu of street and sidewalk improvements as part of site development and building permit review for new structure under Aurora Municipal Code (AMC) 16.34.030.A.2. and 16.34.060.C. II. PROCEDURE The applicable review criteria for waiver of street and sidewalks improvements are found under AMC 16.34.030.A. and applications are processed as Planning Commission decisions under AMC 16.78. Pending a decision of the Planning Commission, a Notice of Decision is mailed to the applicant and adjacent property owners. The application was received and fees paid on April 15, 2019. The City has until August 12, 2019, or 120 days from acceptance of the application to approve, modify and approve, or deny this proposal. III. APPEAL Appeals are governed by AMC 16.78. An appeal of the Commission's decision shall be made, in writing, to the City Council within 15 days of the Planning Commission’s final written decision.


IV. CRITERIA AND FINDINGS The applicable review criteria for waiver of street and sidewalks improvements are found under AMC 16.34.030.A.2. 16.34.030 Streets

A. No development shall occur unless the development has frontage on or approved access to a public street; 1. Whenever existing streets adjacent to or within a tract are of inadequate width, additional

right of way shall be provided… 2. Subject to AMC 16.78 and approval of the Planning Commission, the City may accept and

record a non-remonstrance agreement in lieu of street improvements if the following conditions exist: a. A partial improvement creates a potential safety hazard to motorist or pedestrians; or b. Due to the nature of existing development on adjacent properties it is unlikely that street

improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity.

FINDINGS: Staff finds the subject property has frontage on First Street NE, identified as a Local Street in the Aurora Transportation System Plan (TSP). The Local Street standards is shown below (AMC 16.34.030.A and the Aurora TSP):

Classification Pavement Width (ft)

Sidewalks Width (ft)

Planting Strips (ft)

Bikeway Width (ft) Parking ROW

(ft) (2)

Local Residential (3)(4) 32 5 5 None 2 sides 54 According to the Marion County Assessor, First Street NE currently has a ROW width of 90 feet (See Exhibit A) and no additional ROW is required. The northern portion of Liberty Street was previously vacated and return to abutting property owners (see Exhibit A), therefore, the subject property lies at the northernmost terminus of Liberty Street. Due to recent improvement and realignments of Ehlen Road and Highway 99E, while First Street NE ROW connections with Highway 99E at its eastern terminus, it is unlikely such a connection will be developed due to access spacing standards and the controlled intersection to the southwest. According to the applicant, the use and property are located at a dead-end section of First Street NE and with existing limited and specific property access available to the subject property and adjacent properties, it is unlikely that street improvements would ever be extended and frontage improvements to the subject property would provide no benefit to the property owner, adjacent properties, city or community. The applicant also notes that improvements along the transition of Ehlen Road to First Street to Highway 99E already contain pedestrian and vehicular improvements and improvements to the eastern portion of First Street may cause confusion to pedestrian and vehicular traffic by drawing visual attention to the eastern portion of First Street even though this is a dead-end street with inadequate and safe turn around spacing. Staff does not find that, were frontage improvements to be required along Lot 2100, a partial improvement would create a potential safety hazard to motorists or pedestrians. However, due to the nature of existing development and improvements related to the Ehlen Road and Highway 99E realignments, staff finds it is unlikely that street improvements would be extended in the foreseeable future eastward on First Street and the improvement associated with the project under review does not, by


itself, provide a significant improvement to street safety or capacity as the street dead-ends and the subject property proposes improvements to access of the subject property via a pending Site Development Review application (SDR-19-01). Staff does not believe street improvements along the subject frontage will create a significant improvement to safety or capacity – especially since adjoining properties can be considered as developed. Staff finds this criterion can be met.

3. Subject to AMC 16.78 and approval of the Planning Commission, the City may accept a payment in lieu of street improvements. To propose a payment in lieu of street improvements, the applicant shall prepare an engineering estimate for the costs of engineer, design and construction of the required frontage improvements. City staff will review and approve the engineering cost estimate and calculate the payment in lieu of street improvements. The payment in lieu of street improvements will generally be set at two-thirds of the estimated cost. Payment in lieu of street improvement funds collected by the City will be used to pay for improvements within public rights of way within the Aurora city limits.

FINDINGS: Staff does not believe street improvements along the subject frontage will create a significant improvement to safety or capacity – especially since adjoining properties can be considered as developed. As adjoining properties are considered “developed”, staff believes it is unlikely additional development and in-fill occurring along First Street NE would justify road and sidewalk improvements. At a minimum, a non-remonstrance agreement for street/frontage improvements should be required for the subject property prior to final occupancy permit approval. The Planning Commission may choose to require payment in lieu of street improvements prior to occupancy permit approval if the Planning Commission believes other needed public right of way improvements are needed/take precedent to improvements being needed along First Avenue. For example, the 2009 Aurora Transportation System Plan (TSP) prioritizes a multi-use path along Ehlen Road between Airport Road to the Highway 99E intersection as well as the need for an improved transit stop with lighting and shelter at the intersection of Liberty and Highway 99E (See Exhibit D). V. CONCLUSIONS AND RECOMMENDATIONS Based on the findings in the staff report, staff recommends that the Planning Commission approve the request to waive street improvements and sidewalk improvements for Interpretation 2019-01 (file no. INT-19-01) for the subject property based upon the findings outlined in the staff report and with the following conditions of approval:

1) Develop the subject property in accordance with plans approved by the city.

2) Comply with all City of Aurora and State of Oregon development, building and fire codes. Where public improvements are required, all public works facilities shall be designed to the City of Aurora Public Works Construction Standards (PWCS) plus the requirements of the Aurora Municipal Code (AMC) except where waived by the City of Aurora. Where the PWCS are silent, the Marion County Public Works Standards shall apply, followed by the Oregon APWA/ODOT Standards.

3) Prior to occupancy permit approvals for the subject property, evidence of a City approved and

recorded non-remonstrance agreement for frontage and street improvements along the subject property shall be submitted to the City of Aurora. Recording costs are those of the applicant/owner.


VI. PLANNING COMMISSION ACTION

A. Approve the request to waive street improvements and sidewalk improvements on the subject

property (INT-19-01):

1. As recommended by staff, or

2. As determined by the Planning Commission stating how the application satisfies all the required criteria, and any revisions to the recommended conditions of approval, or

B. Deny the request for a waiver of street and sidewalk improvements on the subject property (INT-

19-01) stating how the application does not meet the applicable approval criteria.

C. Continue the hearing to a time certain or indefinitely (considering the 120-day limit on applications).

Resolution 762 Levying FY 2019-2020 Ad Valorem Taxes June 11, 2019

RESOLUTION NUMBER 762

A RESOLUTION LEVYING AD VALOREM TAXES FOR FISCAL YEAR 2019-2020.

BE IT RESOLVED: The City Council of the City of Aurora hereby imposes the taxes provided for in the adopted budget at the rate of 2.4849 per $1,000 of assessed value for operation and in the amount of $360,242 in bonded debt: and that these taxes are hereby levied upon the assessed value as of 1:00 AM, July 1, 2019 on all taxable property within the district in the following categorization. General Government Limitation Excluded from Limitation

Permanent Rate

$2.4849 per $1000

GO Wastewater Bond

Debt Service $360,242

The above allocation and categories are broken down to show which are subject to the limits of Section 11b, Article XI of the Oregon Constitution.

Adopted this 11th day of June 2019. Kris Sallee, Mayor ATTEST: W. Scott Jorgensen City Recorder

Resolution 763 re ORS 221.760 June 11, 2019


WHEREAS, ORS 221.760 provides as follows: Section 1. 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, zoning and subdivision control 7. One or more utility services

and WHEREAS, city officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with ORS 221.760, now, therefore, Be it resolved that the City of Aurora hereby certifies that it provides the following four or more municipal services enumerated in Section 1, ORS 221.760: Police protection Street construction, maintenance and lighting Sanitary sewer Storm sewers Planning, zoning and subdivision control Water services

Approved by the City Council of the City of Aurora this 11th day of June, 2019.

Kris Sallee, Mayor ATTEST: W.Scott Jorgensen, City Recorder

Resolution 764 Election to Receive State Revenue Share June 11, 2019


A RESOLUTION DECLARING THE CITY’S ELECTION TO RECEIVE STATE REVENUES

BE IT HEREBY RESOLVED:

Pursuant to ORS 221.770, the City of Aurora hereby elects to receive state revenues for fiscal year 2019-2020.

PASSED by the City Council the 11th day of June, 2019. APPROVED by the Mayor this 11th day of June, 2019. Kris Sallee, Mayor

ATTEST: W. Scott Jorgensen, City Recorder

I hereby certify that a public meeting before the Budget Committee was

held on May 8, 2019, and a public hearing before the City Council was held on June 11, 2019, giving citizens an opportunity to comment on the use of State Revenue Sharing.

W. Scott Jorgensen, City Recorder

Resolution 765 Adopting the 2019-2020 Budget Page 1 of 2 June 11, 2019

General Fund Aurora Colony Days FundAdministration 397,898$ Aurora Colony Days 20,234$ Community Development 198,800 Contingency 12,616 Municipal Court 10,500 Total 32,850$ Public Facilities 29,350 Parks 86,896 City Hall Building FundTransfers Out 87,000 Public Facilities 285,600$ Contingency 398,790

Total 285,600$ Total 1,209,234$

Street / Storm Reserve FundStreet / Storm Operating Fund Streets / Storm 146,410$

Streets / Storm 231,341$ Contingency 151,931 Total 146,410$

Total 383,272$ Street / Storm SDC FundStreets / Storm 88,503$

Total 88,503$

Water Operating Fund Water Reserve FundWater Operations 369,749$ Water 104,200$ Debt Service 20,892$ Contingency 195,020 Total 104,200$ Reserved for Future Expenditures 100,000

Water SDC FundWater 190,014$

Total 685,661$ Total 190,014$

BE IT RESOLVED that the City Council of the City of Aurora hearby adopts the budget approved by the Budget Committee for the Fiscal Year 2019-2020, in the sum of $ 4,368,950 now on file at City Hall and at www.ci.aurora.or.us.

Resolution Making Appropriations

BE IT RESOLVED that the amounts for the fiscal year beginning July 1, 2019 and for the purposes shown below are hearby appropriated as follows:

City of AuroraResolution Number 765

A Resolution Adopting the 2019-2020 Budgetand Making Appropriations

Adopting the Budget

Resolution 765 Adopting the 2019-2020 Budget Page 2 of 2 June 11, 2019

Sewer Operating Fund Sewer Reserve FundSewer Operations 388,379$ Sewer 22,010$ Transfers Out 20,000$ Contingency 199,121 Total 22,010$ Reserved for Future Expenditures 100,000

Sewer SDC FundTotal 707,500$ Sewer 71,998$

G O Water Water Bond Fund Total 71,998$ Debt Service 364,175 Unapproriated 10,000

Total 374,175$ Park SDC Fund

Park Reserve Fund Parks 66,288$ Parks 1,235$

Total 66,288$ Total 1,235$

Total Appropriations All FundTotal Unappropriated and Reserve Amounts, All FundsTotal Adopted Budget

Adopted this 11th day of June, 2019.

Kris Sallee, Mayor

ATTEST:

W. Scott Jorgensen, City Recorder

4,368,950$

4,158,950$ 210,000$

INTERGOVERNMENTAL AGREEMENT Between

CITY OF AURORA and

MARION COUNTY 1. PARTIES TO AGREEMENT This Agreement between City of Aurora, hereafter called Agency, and Marion County, a political subdivision of the state of Oregon, hereafter called County, is made pursuant to ORS 190.010 (Cooperative Agreements). 2. PURPOSE/STATEMENT OF WORK Agency is in need of law enforcement services and County is willing to provide those services on the terms and conditions hereinafter stated. These services are further described in Section 5. 3. TERM AND TERMINATION

3.1 This Agreement shall be effective for the period of July 1, 2019 through June 30, 2020 unless sooner terminated or extended as provided herein.

3.2 This Agreement may be extended for an additional period of one year by agreement of the parties. Any modifications in the terms of such amendment shall be in writing.

3.3 This agreement may be terminated by mutual consent of both parties at any time or by either party upon 30 days’ notice in writing, and delivered by mail or in person. Any such termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination.

3.4 County may terminate this agreement effective upon delivery of written notice to Agency or at such later date as may be established under any of the following conditions:

a. If funding from federal, state, or other sources is not obtained or continued at levels

sufficient to allow for the purchase of the indicated quantity of services. This agreement may be modified to accommodate a reduction in funds.

b. If federal or state regulations or guidelines are modified, changed, or interpreted in

such a way that the services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement.

c. If any license, certificate, or insurance required by law or regulation to be held by

County to provide the services required by this agreement is for any reason denied,

Page 1

AURORA-MCSO 19-20 IGA_ SO-2788-19

revoked or not renewed. d. If County fails to provide services called for by this agreement within the time

specified herein or any extension thereof. e. If County fails to perform any of the provisions of this agreement or so fails to pursue

the work as to endanger the performance of this agreement in accordance with its terms and after written notice from Agency, fails to correct such failure(s) within ten (10) days or such longer period as the Agency may authorize.

3.5 Any such termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination.

4. FUNDING AND BILLING

4.1 For such services provided, Agency agrees to pay County on a monthly basis the amount billed. The sum of $194,688.00 is the estimated maximum payment amount obligated by the Agency for services provided from July 1, 2019 through June 30, 2020, as indicated in Attachment A. 4.2 Marion County Sheriff’s Office Deputies are members of the Marion County Law Enforcement Association (MCLEA). Wages, working hours, training, overtime and other economic factors are subject to change as a result of the bargaining agreement reached with the unit. The actual sum of the contract will be reflective of the rate of the deputy selected/assigned to duty for performance of this Agreement.

5. OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT

5.1 County shall provide law enforcement services for the citizens of the City of Aurora within the corporate limits of the city. There may be instances where the deputy assigned to the Agency (“assigned deputy”) responds for cover outside of the corporate limits. In all instances where this occurs, Agency has the right to ask for clarification as to the nature of the cover calls. A supervisor may assign follow-up to contract deputy as appropriate. 5.2 County shall assign one (1) deputy, 40 hours per week to perform the services requested in this agreement. County, in consultation with Agency and in conformance with the MCLEA Collective Bargaining Agreement, shall determine the working hours for the deputy assigned. Vacation hours, sick hours, or training needed as determined by County will count toward the 40-hour workweek. During times of leave, County will continue to provide law enforcement services to Agency in a timely manner depending on the nature of calls for service. Some calls for service may be pended for follow-up by the Agency assigned deputy.

Page 2


5.3 The assigned deputy is in no way considered an employee of Agency and shall be directed by operational and personnel policies of County. Salaries and fringe benefits will be provided by County.

5.4 The rendition of law enforcement services, the standards of performance, the discipline of deputy, and other matters incident to the performance of such services and the control of the personnel so employed, shall remain with County. Issues arising from the contracted services and deputy assigned will be taken care of through Agency representatives and County. Agency may establish law enforcement priorities which County will communicate to the deputy. 5.5 For the purpose of this Agreement and the services herein, County shall furnish and supply all necessary labor, supervision, equipment, radio communications facilities, and supplies necessary to maintain the level of services to be rendered. 5.6 County shall inform Agency of the deputy’s tentative monthly schedule at least a week prior to the beginning of the schedule. County shall attempt to accommodate requests for particular coverage requested by Agency. 5.7 The assigned deputy or Contracts Sergeant may attend City Council and/or police commission meetings to the extent Agency request such attendance prior to the meeting.

5.8 When available, County shall provide at no extra cost, extra patrol for Agency if necessary in case of emergency or when assigned deputy requests back-up. 5.9 As part of routine patrol, assigned deputy will check on businesses and residential areas. As time allows, patrol deputies will provide additional routine patrol as part of their patrol district responsibilities. Any requested services outside the details outlined in this agreement shall be discussed during City Council meetings and shall be mutually agreed upon by Agency and County. 5.10 Contract deputy will be proactive and seek positive methods of community policing. 5.11 As with our other service contracts the ability for deputies to take vacation and/or sick leave is considered part of the contractual agreement. If the municipality wants additional coverage (i.e., vacation coverage) while the assigned deputy is away that is negotiable or can be part of the overtime assessment of the agreement. A typical deputy will accrue up to two weeks of vacation per year.

5.12 The assigned deputy has access to all of the services the Sheriff’s Office provides to our staff. This includes but is not limited to: Detectives, Street Crimes (drug activity complaints), Community Relations Unit, Search and Rescue, Evidence, Forensics (finger print evidence), SWAT, and direct working relations with Parole and Probation. In the event of a major incident, these resources may be utilized by the assigned deputy.

Page 3


5.13 In the event that additional projects arise within the contract areas, Sheriff’s Office resources may be assigned to assist the contracting agency. The overtime for the special projects and additional resources may be covered within the current contract.

5.14 Agency grants to the County, full municipal police authority. County shall cite offenders to the Aurora Municipal Court, for all violations that are within the jurisdiction of the Court. 5.15 By the 5th of each month, County shall provide to Agency a report of the previous month’s activities related to the Agency.

5.16 County will submit monthly billings with actual costs of Personnel Services and pro-rated monthly costs for Materials and Services and Indirect Costs identified in the attached and incorporated Attachment A. 5.17 Agreement may be renewed annually upon agreement regarding the budget items and revision to Attachment A. Agency must notify County of its intent to renew before May 1. Agency and County will then negotiate revisions to the budgetary items in Attachment A. Each renewal must be in writing, incorporate the revision to Attachment A and be executed by both parties. County will provide Agency budget projections for the upcoming fiscal year by April 1. 5.18 County will work collaboratively with Agency during the deputy interview process. Following the interview process, the County will present the interview panel’s selection to the Aurora City Council for final approval.

6. COMPLIANCE WITH APPLICABLE LAWS The parties agree that both shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this agreement. The parties agree that this agreement shall be administered and construed under the laws of the state of Oregon. 7. NONDISCRIMINATION The parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations in the performance of this agreement. 8. HOLD HARMLESS To the extent permitted by Article XI, Section 7 of the Oregon Constitution and by the Oregon Tort Claims Act, each party agrees to waive, forgive, and acquit any and all claims it may otherwise have against the other and the officers, employees, and agents of the other, for or resulting from damage or loss, provided that this discharge and waiver shall not apply to claims by one party against any officer, employee, or agent of the other arising from such person's

Page 4


malfeasance in office, willful or wanton neglect of duty, or actions outside the course and scope of his or her official duties. 9. INSURANCE Pursuant to ORS 656.029(1), the County shall maintain Workers’ Compensation Insurance at its own expense for personnel working under this Agreement.

10. MERGER CLAUSE Parties concur and agree that this agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change to the terms of this agreement shall bind either party unless in writing and signed by both parties. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Parties, by the signatures below of their authorized representatives, hereby agree to be bound by its term and conditions. 11. NOTICES Any notice required to be given the Agency or County under this Agreement shall be sufficient if given, in writing, by first class mail or in person as follows:

For Agency: For County: W. Scott Jorgensen Procurement & Contracts Mgr. Recorder - City of Aurora 555 Court Street NE, Suite 5232 21420 Main Street NE PO Box 14500 Aurora, OR 97002 Salem, Or 97309 (503) 678-1283 [email protected] Copy to: Contract Specialist Marion County Sheriff’s Office PO Box 14500 Salem, OR 97309 (503) 589-3261 [email protected]

Page 5




SIGNATURES This agreement and any changes, alterations, modifications, or amendments will be effective when approved in writing by the authorized representative of the parties hereto as of the effective date set forth herein. In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below. MARION COUNTY SIGNATURE BOARD OF COMMISSIONERS: ________________________________________________________________ Chair Date ________________________________________________________________ Commissioner Date _______________________________________________________________ Commissioner Date Authorized Signature:___________________________________________________________

Sheriff or Undersheriff Date Authorized Signature: ___________________________________________________________

Chief Administrative Officer Date Reviewed by Signature: _________________________________________________________

Marion County Legal Counsel Date Reviewed by Signature: __________________________________________________________

Marion County Contracts & Procurement Date Signatures continued on the next page…

Page 6


CITY OF AURORA Authorized Signature: __________________________ Date: ___________________________ Title: __________________________________ Authorized Signature: __________________________ Date: ___________________________ Title: __________________________________

Page 7


G:\Contracts\Division Contracts\Enforcement\City of Aurora\Aurora 19-20\Aurora Contract Draft Budget 19-20 2-25-19Aurora

Marion County Sheriff's OfficeAurora Budget

3/18/2019

FY19-20 Preliminary Budget Salary & Benefits Overtime

Total Personnel Services

Materials &

ServicesAdmin

Charges

Total Annual Cost

Personnel100% Deputy Bell 131,757 8,559 140,316 38,219 16,152 194,688

2019-20Materials & Services Per FTEOffice Supplies 407Field Supplies 335Departmental Supplies 238Clothing 601Gasoline 3,642Data Connections 492Postage 135Cell Phones 650Laundry Services 142Misc Contractual 269Communication Services 16,202Printing Services 67Maint. - Office Equipment 200Smart Export Lite -E-Cite Maintenance 375Training 640Fleet 13,824Total Direct Costs 38,219

Administrative Charges (9.95%) 16,152Total Indirect Costs 16,152

DRAFT

Attachment A

Resolution Number 766 Adoption of Intergovernmental Agreement between the City of Aurora and Marion County City Council Meeting June 11, 2019

CITY OF AURORA RESOLUTION NUMBER 766

A RESOLUTION AUTHORIZING THE ADOPTION OF AN INTERGOVENMENTAL AGREEMENT

BETWEEN THE CITY OF AURORA AND MARION COUNTY FOR LAW ENFORCEMENT SERVICES

WHEREAS, the City of Aurora is in need of law enforcement services; and

WHEREAS, the Marion County, Oregon Sheriff’s Office (“MSCO”) is prepared to provide those services; and

WHEREAS, all terms are set forth in the Intergovernmental Agreement Between the City of Aurora and Marion County (“Agreement”); and

WHEREAS, both entities agree on all terms.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AURORA THAT: the Agreement is here by adopted by the City of Aurora and shall be effective upon execution by all parties.

ADOPTED by the Aurora City Council at a City Council meeting held on Tuesday, June 11, 2019. This resolution is effective upon execution of the agreement.

Dated this ____ day of June, 2019. ATTEST _______________________________ Kris Sallee, Mayor W. Scott Jorgensen City Recorder

CITY OF AURORA RESOLUTION NO. 767 6/11/2019


A RESOLUTION AUTHORIZING THE PUBLIC WORKS SUPERINTENDENT

TO ACCEPT A CONTRACT FOR NOT MORE THAN $50,000 FOR PAVING WORK ON FOURTH STREET

WHEREAS, the City of Aurora has identified paving work on Fourth Street to be

a priority for its public works department; WHEREAS, on May 8, 2019, the Budget Committee adopted the 2019/20 Fiscal

Year Budget with the expected expenditure of paving work on Fourth Street; WHEREAS, Chapter X, Section 5 of the City Charter provides that contractual

obligations or expenditures non-budgeted or budgeted funds for a single purchase in the excess of $15,000.00 shall be authorized by resolution and;

WHEREAS, the paving work on Fourth Street is estimated to be more than $15,000 but not more than $50,000; NOW THEREFORE, THE AURORA CITY COUNCIL RESOLVES that Public Works Superintendent Mark Gunter be authorized to accept a contract for not more than $50,000 for paving work on Fourth Street; INTRODUCED AND ADOPTED this 11th day of June, 2019. ______________________________ Kris Sallee, Mayor ATTEST: ______________________________ W. Scott Jorgensen City Recorder

CITY OF AURORA RESOLUTION NO. 768 6/11/2019


A RESOLUTION AUTHORIZING THE PUBLIC WORKS SUPERINTENDENT

TO ACCEPT A CONTRACT FOR NOT MORE THAN $50,000 FOR PAVING WORK ON FILBERT AND WALNUT STREETS

WHEREAS, the City of Aurora has been awarded $50,000 in Small City

Allotment grant funding for necessary road work in town; WHEREAS, on May 8, 2019, the Budget Committee adopted the 2019/20 Fiscal

Year Budget with the expected expenditure of paving work on Filbert and Walnut streets; WHEREAS, Chapter X, Section 5 of the City Charter provides that contractual

obligations or expenditures non-budgeted or budgeted funds for a single purchase in the excess of $15,000.00 shall be authorized by resolution and;

WHEREAS, the paving work on Filbert and Walnut streets is estimated to be more than $15,000 but not more than $50,000; NOW THEREFORE, THE AURORA CITY COUNCIL RESOLVES that Public Works Superintendent Mark Gunter be authorized to accept a contract for not more than $50,000 for paving work on Filbert and Walnut streets; INTRODUCED AND ADOPTED this 11th day of June, 2019. ______________________________ Kris Sallee, Mayor ATTEST: ______________________________ W. Scott Jorgensen City Recorder

Year to DateGains / (Losses)

10 GENERAL 1,128,621.00 609,456.00 529,709.81 89.46% 680,950.00 464,012.99 68.14% 675,152.82 $ 65,696.82

15 CITY HALL BUILDING 196,800.00 169,566.00 26,491.07 95.29% 196,800.00 0.00 0.00% 196,057.07 $ 26,491.07

20 AURORA COLONY DAYS 24,155.00 12,610.00 13,582.88 90.83% 18,072.00 10,970.28 60.70% 15,222.60 $ 2,612.60

25 PARK RESERVE 7,195.00 1,181.00 27.18 0.45% 7,195.00 0.00 0.00% 1,208.18 $ 27.18

29 PARK SDCs 61,973.00 52,818.00 3,422.26 47.76% 61,973.00 0.00 0.00% 56,240.26 $ 3,422.26

30 STREET/STORM 301,430.00 173,335.00 84,577.15 64.84% 172,821.00 64,443.58 37.29% 193,468.57 $ 20,133.57

35 ST/STORM RESERVE 128,000.00 112,502.00 14,667.43 94.63% 128,000.00 0.00 0.00% 127,169.43 $ 14,667.43

39 ST/STORM SDCs 82,791.00 67,878.00 7,425.42 60.37% 82,791.00 0.00 0.00% 75,303.42 $ 7,425.42

40 WATER OPERATING 617,310.00 259,478.00 315,208.92 84.89% 422,492.00 271,981.41 64.38% 302,705.51 $ 43,227.51

45 WATER RESERVE 100,400.00 79,614.00 22,286.06 106.12% 100,400.00 0.00 0.00% 101,900.06 $ 22,286.06

49 WATER SDCs 178,300.00 149,483.00 14,650.73 61.89% 178,300.00 0.00 0.00% 164,133.73 $ 14,650.73

50 SEWER OPERATING 658,100.00 318,016.00 298,151.74 88.71% 413,280.00 264,315.13 63.96% 351,852.61 $ 33,836.61

55 SEWER RESERVE 58,500.00 49,309.00 21,223.07 103.53% 58,500.00 50,512.50 86.35% 20,019.57 $ (29,289.43)

57 G. O. DEBT SERVICE 359,975.00 18,148.00 352,850.01 102.58% 349,975.00 349,975.00 100.00% 21,023.01 $ 2,875.01

59 SEWER SDCs 67,469.00 56,869.00 5,416.52 62.13% 67,469.00 0.00 0.00% 62,285.52 $ 5,416.52

TOTALS 3,971,019.00 2,130,263.00 1,709,690.25 88.51% 2,939,018.00 1,476,210.89 50.23% 2,363,742.36

* Balance per audit 2,363,742.36 $ 233,479.36

CITY OF AURORA -FINANCE REPORT Ending May 31, 2019

FUND BUDGET *BALANCE @

July 1, 2018TOTAL

REVENUES % TO DATEBUDGET less

contingencyTOTAL

EXPENSES % TO DATEEND BALANCE

May 31, 2019

City Council Public Works Activity Report

May 2019 Waste Water: Routine operation and maintenance. -Wastewater Treated 1.76 MG -Review plans for development -Completed DMR form to report DEQ -Collection System Master Plan Adopted Water: Routine operation and maintenance. -Wells are running 4.0 hours daily producing an average 155,000 gal per day. Total water production 4,812,000 Gal. - Wells 3, 4 and 5 in production. - Plan for future water supply -replaced 85 water meters Streets: Routine operation and maintenance. -Monitoring street lights. -Catch basins cleaning. -Street grant (Selected). - Pothole remediation. - Storm water Plan moving forward -Spoke with Engineer about street analyst they will send a bid Park: -Monitor trees for safety issues. -Plan for new roof on 2nd st restrooms. -Plan painting of main park Restrooms. Meetings and/or Training Attended:). -NW Section of American Water Works Association. - Respectfully: Mark Gunter PWS Public works project list Storm water master plan (in process). Waste water irrigation system (summer) Water meters replacement (ongoing)

Mar-17 5.5Apr-17 6 Monthly Water use In Million Gallons

May-17 6.2Jun-17 6.4Jul-17 8.3

Aug-17 6.7Sep-17 5Oct-17 4.3Nov-17 4Dec-17 4.3Jan-18 4.3Feb-18 4Mar-18 4.4Apr-18 3.8

May-18 5.2Jun-18 5.4Jul-18 6.6

Aug-18 5.4Sep-18 3.9Oct-18 3.2Nov-18 2.9Dec-18 2.9Jan-19 3.7Feb-19 3.5Mar-19 3.8

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May-17 6.2 Monthly Water use In Million Gallons Jun-17 6.4Jul-17 8.3

Aug-17 6.7Sep-17 5Oct-17 4.3Nov-17 4Dec-17 4.3Jan-18 4.3Feb-18 4Mar-18 4.4Apr-18 3.8

May-18 5.2Jun-18 5.4Jul-18 6.6

Aug-18 5.4Sep-18 3.9Oct-18 3.2Nov-18 2.9Dec-18 2.9Jan-19 3.7Feb-19 3.5Mar-19 3.8Apr-19 4

May-19 4.8

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Report from the Recorder June 11, 2019

Mayor Sallee and Members of the Council, As you are aware, I am not in attendance at tonight’s meeting. I’m in Tacoma at the University of Puget Sound doing the last of the professional development training that I will need to become a Certified Municipal Clerk (CMC). Some of the courses I am taking this week include topics such as supervision, human resources and advanced records management. I’ve also followed up with the League of Oregon Cities on receiving my city manager certification from that organization. Over the past month, I’ve been in correspondence with the Legislative Fiscal Office and that of Sen. Fred Girod (R-Stayton) regarding the city’s request for funding for various infrastructure projects. Much of it has involved providing information about our needs, and the recently approved wastewater facilities planning study, approved 2019-20 fiscal year budget and water rate study are among the documents I have submitted for consideration. I’ve been in touch with Republic Services about setting up the June 20 yard debris day that was discussed at your last meeting and with the Oregon Parks and Recreation Department about the documents they needed in order to give the city the Certified Local Government Grant we had applied for. The industrial property on Ottaway is closer to being in compliance with city code. Plans have been submitted and required frontage improvements have been made on the property. I’ve worked with our building official and an adjacent property owner on expediting the demolition process for an historic structure at 21367 Highway 99E. The council had made efforts in the past to condemn the building as hazardous due to its dangerous conditions. The Parks Committee is moving forward with its efforts to build a dog park on the city-owned property at the end of Ottaway Road. Neighbors attended the last meeting so their concerns could be addressed accordingly. Committee members and staff did a site visit on June 8 to better assess what is needed for the project. Lastly, city staff worked with a group of North Marion High School students who planted flowers near the bench at the city park as part of a project for their leadership class. Respectfully Submitted, W. Scott Jorgensen, City Recorder

10:21 AM 06/03/19

Aurora Business License Deposit Detail

May 1 through June 1, 2019

Page 1 of 1

Type Num Date Name Account Amount

Deposit 05/09/2019 Business License Bank 330.00

Payment 123462 05/06/2019 APOLLO MECHANICAL CONTRACTORS Undeposited Funds -50.00

Payment 28284 05/06/2019 OWEN CONSTRUCTION, INC Undeposited Funds -100.00

Payment 3513 05/06/2019 E & M REMODELING Undeposited Funds -100.00

Payment 1505 05/09/2019 ROSS RV & FOOD CARTS Undeposited Funds -80.00

TOTAL -330.00


Payment 123739 05/13/2019 APOLLO MECHANICAL CONTRACTORS Undeposited Funds -30.00

Payment 6544 05/16/2019 DAMAR HEATING INC. Undeposited Funds -100.00

TOTAL -130.00


Payment 56731 05/20/2019 ENGINEERED PRODUCTS, A PAPE CO. Undeposited Funds -100.00

TOTAL -100.00

1. CALL TO ORDER OF THE AURORA CITY COUNCIL MEETING 2. · 2019. 6. 11. · Aurora City Council...

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