OFFICE OF THE CITY MANAGER COUNCIL AGENDA

AGENDA

REGULAR CITY COUNCIL MEETING November 9, 2015 5:30p.m.

CITY HALL COUNCIL CHAMBER 313 COURT STREET THE DALLES,

I. CALL TO ORDER

2. ROLLCALL OF COUNCIL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF AGENDA

5. PRESENTATIONS/PROCLAMATIONS

Presentation by The Dalles Chamber of Commerce and Fort Da1les Fourth Regarding Collaboration and Funding for Fourth of July Event

6. AUDIENCE PARTICIPATION

During this pm1ion of the meeting, anyone may speak on any subject which does not later appear on the agenda. Five minutes per person will be allowed. If a response by the City is requested, the speaker will be referred to the City Manager for further action. The issue may appear on a future meeting agenda for City Council consideration.

7. CITY MANAGER REPORT

8. CITY ATTORNEY REPORT

9. CITY COUNCIL REPORTS

10. CONSENT AGENDA

Items of a routine and non-controversial nature are placed on the Consent Agenda to allow the City Council to spend its time and energy on the important items and issues. Any Councilor may request an item be "pulled" from the Consent Agenda and be considered separately. Items pulled fi·om the Consent Agenda will be placed on the Agenda at the end of the "Action Items" section. CITY OF THE DALLES "By working together, we will provide services that enhance the vitality of The Dalles" A. Approval of October 26, 2015 Regular City Council Meeting Minutes

B. Approval of October 23,2015 Special City Council Meeting Minutes (Watershed Tour)

C. Resolution No. 15-045 Concuning With Mayor's Appointment of a Committee to Review City Manager Semi-Finalist Applications

D. Resolution No. 15-043 Assessing Properties for the Cost of Nuisance Abatement

11. PUBLIC HEARINGS

A. Public Hearing to Receive Testimony Regarding Proposed Reimbursement Fees for Port of The Dalles Chenowith Business Park Water and Sewer Reimbursement District

1. . Resolution No. 15-036 Establishing a Reimbursement Fee for Chenowith Business Park

12. CONTRACT REVIEW BOARD ACTIONS

A. Approval to Purchase Financial Software

13. ACTION ITEMS

A. Special Ordinance No. 15-570 Amending Section 1 of Special Ordinance No. 14-563 to Conect the Legal Description and Map Attached as Exhibits

B Consider Options for Washington Street Crossing Project

14. DISCUSSION ITEMS

A. Discussion Regarding Sewer Rates for Restaurants

15. ADJOURNMENT

This meeting conducted in a handicap accessible room.

Prepared by/ Julie Krueger, MMC City Clerk CITY of THE DALLES 313 COURT STREET THE DALLES, OR 97058

PH. (541) 296-5-481 FAX (541) 296-6906 AGENDA STAFF REPORT CITY OF THE DALLES

MEETING DATE AGENDA LOCATION AGENDA REPORT #

November 9, 2015 Consent Agenda N/A 10, A-D

TO: Honorable Mayor and City Council

FROM: Julie Krueger, MMC, City Clerk

DATE: October 28, 2015

ISSUE: Approving items on the Consent Agenda and authorizing City staff to sign contract documents.

A. ITEM: Approval of October 26, 2015 City Council Meeting Minutes.

BUDGET IMPLICATIONS: None.

SYNOPSIS: The minutes of the October 26, 2015 City Council meeting have been prepared and are submitted for review and approval.

RECOMMENDATION: That City Council review and approve the minutes of the October 26, 2015 City Council meeting.

B. ITEM: Approval of October 23,2015 Special City Council Meeting Minutes.

BUDGET IMPLICATIONS: None.

SYNOPSIS: The minutes of the October 23,2015 special City Council meeting have been prepared and are submitted for review and approval. RECOMMENDATION: That City Council review and approve the minutes of the October 23,2015 special City Council meeting.

C. ITEM: Resolution No. 15-045 Concurring With the Mayor's Appointment of a Committee to Review City Manager Semi-Finalist Applications.

BUDGET IMPLICATIONS: None.

SYNOPSIS: The City Council agreed to form a committee that will review the semi­ finalist applications provided by the City Manager Recruiter. The purpose is for the group to review the information and make a recommendation to the City Council on the top five to interview as finalists. In addition to the Committee members, Interim City Manager Krueger will serve on the committee as a staff person.

RECOMMENDATION: That City Council adopt Resolution No. 15-045.

D. ITEM: Resolution No. 15-043 Assessing Properties for the Cost of Nuisance Abatement.

BUDGET IMPLICATIONS: Assessment fees will be entered on the City's Lien Docket for collection.

SYNOPSIS: A Notice to Abate Nuisance Conditions was posted by Nikki Lesich, the City's Code Enforcement Officer, upon the properties located at 422 West 14'" Street, 383 Summit Ridge Drive, 204 West 15'" Street, 1410 Union Street, 414 West 6'" Street, 505 West 14'" Street, 914 East 8'" Street, 404 West 12'" Street, 1015 Laughlin Street, and 610 East 12'" Street on the dates shown in Resolution No. 15-043. The Notice to Abate Nuisance Conditions advised the property owners of nuisance conditions existing upon the properties, consisting of the presence of junk and hazardous vegetation. When the property owners did not remove the nuisance conditions, the City hired Rod Huarte and FLI Landscape LLC to abate the public nuisances. The cost for removal of the nuisance conditions was $972.56 for the property located at 422 West 14'" Street; $182.67 for the prope1iy located at 383 Summit Ridge Drive; $299.00 for the property located at 204 West 15'" Street; $239.00 for the prope1iy located at 1410 Union Street; $212.52 for the prope1iy located at 414 West Sixth Street; $361.90 for the prope~iy located at 505 West 14'" Street; $999.00 for the prope1iy located at 914 East 8'" Street; $599.00 for the prope1iy located at 404 West 12'" Street; $199.00 for the property located at 1015 Laughlin Street; and $799.00 for the property located at 610 East 12'" Street. The cost for the property at 422 West 14'" Street and 914 East 8'" Street includes an administrative fee of $500 required by General Ordinance No. 93-1162. On August 14, 2015, a notice of the proposed assessment for the costs of the abatement was sent to Kenneth Hick, William & Kristi Ketchum, Arthur Devlin, Marie Douglas, the Wilmington Trust (the trustee for V Mortgage REO I LLC which acquired the property by a Sheriffs Deed recorded on July 22, 20 15), and Kase Limmeroth. Copies of the notices are enclosed with this staff report. The notices advised the owners they had until August 19,2015 to file any objections to the proposed assessments, and that if the assessments were not paid by August 31,2015 for Mr. Hick and by September 14,2015 respectively, the amount of the assessments would be imposed as a lien upon the properties. No objections to the assessments were filed by August 19, 2015, and no payment has been made toward the proposed assessments by any of the property owners.

On September II, 2015, a notice of the proposed assessment for the costs of the abatement was sent to Tobin Swick, M & T Bank (which is the holder of a trust deed which is the subject of a judicial foreclosure proceeding pending in Wasco County Circuit Court Case No. CC 15-198), Fetzer Family Charitable Fund, and Malcom Cisneros Law Corporation (which represents the Bank of America in a foreclosure proceeding pending in Wasco County Circuit Cmut Case No. 15-126). Copies of the notices are enclosed with this staff report. The notices advised the owners they had until September 16, 2015 to file any objections to the proposed assessments, and that if the assessments were not paid by September 28,2015 for Mr. Swick and October 12,2015 for the other property owners, the amount of the assessments would be imposed as a lien upon the prope1ties. No objections to the assessments were filed by September 16, 2015, and no payment has been made toward the proposed assessments by any of the property owners.

RECOMMENDATION: That City Council adopt Resolution No. 15-043. MINUTES Regular Council Meeting October 26, 2015 Page 1 of5

MINUTES

REGULAR COUNCIL MEETING OF OCTOBER 26, 2015 5:30p.m.

THE DALLES CITY HALL 313 COURT STREET THE DALLES, OREGON

PRESIDING: Mayor Steve Lawrence

COUNCIL PRESENT: Dan Spatz, Tim McGlothlin, Linda Miller, Russ Brown, Taner Elliott

COUNCIL ABSENT: None

STAFF PRESENT: Interim City Manager Julie Krueger, Recording Secretary Izetta Grossman, Project Coordinator Daniel Hunter, Public Works Director Dave Anderson, Finance Director Kate Mast, Police Chief Jay Waterbury, Engineer Dale McCabe

CALL TO ORDER

Mayor Lawrence called the meeting to order at 5:32p.m.

ROLLCALL

Roll call was conducted by Recording Secretary Izetta Grossman; all Councilors present.

PLEDGE OF ALLEGIANCE

Mayor Lawrence invited the audience to join in the Pledge of Allegiance.

APPROVAL OF AGENDA

Mayor Lawrence added adoption of Resolution No. 15-044 to the Consent agenda as a housekeeping task. It was moved by Spatz and seconded by Miller to approve the agenda as amended. The motion carried unanimously. MINUTES Regular Council Meeting October 26, 2015 Page 2 of5

AUDIENCE PARTICIPATION

None.

CITY MANAGER REPORT

Interim City Manager Krueger reported that the Blue Building roof could be temporarily patched for approximately $1300. It was the consensus ofthe Council to expend those funds.

It was the consensus of the Council to schedule the Town Hall Meeting on November 30, location to be determined. Mayor Lawrence asked for extra effort in getting the word out, and asked Project Coordinator Hunter to try to get the state urban renewal person to attend.

Krueger requested authorization to hire Zachary Craig for the Public Works Maintenance Worker position. It was consensus of the Council to authorize the hire.

CITY ATTORNEY REPORT

None.

CITY COUNCIL REPORTS

Councilor Brown said he attended Traffic Safety meeting, and that there had been some concem that the crack seal when wet was a hazard for bicycles and motorcycles. He also attended the field trip of the water shed, and said it was a valuable tour.

Councilor Spatz expressed his appreciation to Interim City Manager Krueger, and Councilors McGlothlin and Miller for their participation in preparation for the Sister City visits. He passed out an itinerary.

Councilor McGlothlin reported on the Homeless meeting he had on October 21, noting that there were sixteen participants from various boards and organizations in attendance. He said there were many positive ideas brought up and it was a collaborative effort.

McGlothlin said the upgraded facelift to the website was scheduled to go live on October 31. He said Councilor email and phone numbers would be listed on the new site.

McGlothlin said he also attended the water shed tour and found it informative. He read a report on the water shed (attached).

Councilor Elliott said he attended the water shed tour, the Fire Station #2 open house and noted that QLife participated in the Oregon Connection Conference in Hood River. MINUTES Regular Council Meeting October 26, 20 !5 Page 3 ofS

Councilor Miller reported on the Urban Renewal Advisory Committee meeting where they decided to spend $5,000 to investigate the costs and benefits to moving and/or fixing the Gitchell Building. She said she attended a meeting with the Chamber and Fort Dalles Fourth Committee where a pass through of funds from the City to the Chamber for the purpose of paying for the fireworks was discussed. She said she also attended the Fire Station #2 open house; the water shed tour, and participated in the Breast Cancer Walk.

Mayor Lawrence reported the taxing district enterprise zone meeting he and Commissioner Hege held had been concluded. He said they were compiling the list. He reminded Council that the firm dollar amount from phase three of the Go ogle expansion would not be known until design of the site was submitted. Lawrence said that phase two build out enterprise zone funds would begin in January 20 16.

Lawrence said he attended the water shed tour and found it very infotmative. He also attended Fire Station #2 open house and the Fort Dalles Fourth meeting.

CONSENT AGENDA

It was moved by Elliott and seconded by Spatz to approve the Consent Agenda as amended. The motion carried unanimously.

Items approved by Consent Agenda were: I) Approval of October 12,2015 Regular Council Meeting Minutes; 2) Approval of October 6, 2015 Special City Council Meeting Minutes; 3) Approval of Resolution No. 15-044 A Resolution Committing the City of The Dalles to Complete a Housing Needs and Residential Lands Assessment.

CONTRACT REVIEW BOARD ACTIONS

Approval to Extend Agreement for Auditing Services

Finance Director Mast reviewed the staff report. Mast said she would be retiring sometime in 2017 and this extension would create a smoother transition.

It was moved by Miller and seconded by McGlothlin to authorize the engagement ofMerina & Company, LLP, as auditors for the City of The Dalles and Columbia Gateway Urban Renewal Agency for the fiscal years ending June 30,2016 and June 30,2017. Motion carried unanimously.

Authorization to Purchase Payroll Software Program

Finance Director Mast reviewed the staff report.

Mayor Lawrence asked about ease of reports. Mast said ADP would download into the general MINUTES Regular Council Meeting October 26, 2015 Page 4 of5 ledger.

Miller noted that she had worked with ADP in the past and found it easy to work with.

It was moved by McGlothlin and seconded by Elliott to authorize staff to sign agreement with ADP for Option 2 and proceed with implementation of the ADP services. The motion carried unanimously.

ACTION ITEMS

Approval for Paving Project on East 15th Street under the Gravel Street Policy

Public Works Director Anderson reviewed the staff report.

Councilor Elliott removed himself from discussion as he is part of the Elk Horn Development.

Jean Palmilter Ill 0 Salem Stand 2320 East 14th The Dalles said they were not consenting to financial contribution. She said they believed it was only necessary for the development and should be the developers responsibility.

It was moved by Spatz and seconded by Brown to direct staff to proceed with constructing improvements on East 15th Street under the Gravel Street Renovation Policy contingent on consent of owners. The motion carried unanimously.

Annual Review of Water Rates

Public Works Director Anderson reviewed the staff report. Anderson said the Mayor had requested the Reservoir Seismic Report and copies were on the dais for everyone.

It was moved by Miller and seconded by McGlothlin to direct staff to proceed with Option 1 and hold water rates steady for the current fiscal year.

Special Ordinance No. 15-569 Authorizing Execution of Franchise Extension Agreement with Charter Communications

Public Works Director Anderson answered some questions regarding the cun·ent franchise agreement.

Interim City Manager Krueger read the Special Ordinance No. 15-569 by title only.

It was moved by Spatz and seconded by Miller to adopt Special Ordinance No. 15-569 by title only. The motion carried unanimously. MINUTES Regular Council Meeting October 26, 2015 Page 5 ofS

DISCUSSION ITEMS

Discussion Regarding a Policy to Consider Funding Requests

Interim City Manager Krueger reviewed the staff report.

After some discussion it was moved by Spatz and seconded by McGlothlin to accept the policy with addition of Social Benefits as criteria. The motion carried unanimously.

Mayor Lawrence said staff would then bring back grant request form for Council review.

ADJOURNMENT

Being no further business, the meeting adjoumed at 7:11p.m.

Submitted by/ Izetta Grossman Recording Secretaty

SIGNED: Stephen E. Lawrence, Mayor

ATTEST: Izetta Grossman, Recording Secretaty Draft Itinerary Miyoshi City Student Delegation Fall 2015

Thursday, OCTOBER 29, 2015

3:46PM Miyoshi Delegation arrives at POX

4:00pm -4:30pm Get luggage and board Wine Country Tours Bus; Travel to The Dalles 6:00pm Meet Host Families at United Church of Christ Congregational (UCC Church) 111 E 5th Street The Dalles, OR 97058

6:30pm Evening with Host Family

Friday, OCTOBER 30, 2015

7:45am Host families drop off Miyoshi City students & adult chaperones at UCC Church 8:00am- 8:15am Transition to Cousin's Restaurant 8:15am- 9:00am Breakfast at Cousin's Restaurant

9:00- 9:15am Transition to The Dalles High School 9:15am-11:40am Participate in Art & Sculpture classes with teachers Peny Wallace & Robin Johnson at The Dalles High School 11 :40am - 11 :50am Transition to CGCC Class Act Cafe 11 :50am - 1:OOpm Make pizza for lunch with CGCC Japanese language class students. 1:00pm -1:15pm Transition to City Hall 1:15pm- 3:00pm Make Halloween Costumes at City Hall - Council Chambers 3:00pm - 5:00pm Trick or Treating - Downtown The Dalles Dan, Michele, Linda, Corliss, Rumi, Carolyn will chaperone 5:00pm Host Families pick up Miyoshi City students/adults at UCC Church Evening with Host Family 5:00pm - 7:00 pm OPTIONAL- Monsters in the Park event sponsored by Northern Wasco County Parks & Rec (free event). The Dalles City Park (5th & Union Sts.) Monday, November 2, 2015

6:15am Meet at UCC Church to say good-bye

6:30am Miyoshi City Delegates Board Wine Country Tour Bus & depart for PDX, airport.

8:00am Miyoshi City Delegates arrive at PDX, airport 9:58am Miyoshi City Delegates depart PDX for San Francisco, CA. Julie Krueger

From: Timothy McGlothlin Sent: Monday, October 26, 2015 1:08 PM To: Julie Krueger Subject: Watershed Report

Recently, The Dalles City Council visited the city watershed to learn rnore about the improvements necessary to maintain safe and reliable water supplies for our residents.

The Dalles Watershed area is 22,000 acres or 34 square miles. The Dalles Watershed is oriented in the southwest to a northeast direction in the eastern foothills of the Cascade Range and on the western edge of the Columbia Plateau. Water accumulates from precipitation in the form of glaciers and springs that feed the creeks seen in the pictures. At a point in the downhill run, certain collection points divert water for storage. Water is then collected and stored in a man-made reservoir and that is used later in combination with underground wells and storage tanks that you see located at high points in the city. The elevation of the surface water sources provides the gravity feed that ensures constant water pressure to supply 4600 homes and businesses. Currently, a wooden pipe diverts stream water to the reservoir along a 3.5 mile route that was constructed in 1911. This pipe carries over 50% of the City's annual water supply. You can imagine that this pipe is a nightmare to keep in repair. By upgrading to a modern system, we can divert water without loss that we now have with the current 1911 wood pipe.

This is but one of the projects that the water/sewage rate hike is designed to improve. Others include maintenance of the City's pipelines and reservoirs, construction of new pipelines to serve commercial and industrial areas, modernization of the waste-water treatment plant and other projects required by State/Federal regulation. We (the city public works and the city council) are currently investigating ways to reduce the water and sewage rates to within comparable rates with other cities our size and locale. Obstacles that impede our goal include: Aggressive State and Federal regulatory impositions, environmental concerns, and the general increase of labor and supply costs. ,. -'

1 RESOLUTION NO. 15-044

A RESOLUTION COMMITTING THE CITY OF THE DALLES TO COMPLETE A HOUSING NEEDS AND RESIDENTIAL LAND NEEDS ASSESSMENT

WHEREAS, The City of The Dalles had a Buildable Lands Inventory Completed in 2006;and

WHEREAS, That Buildable Lands Inventory did not include a Housing Needs Assessment; and

WHEREAS, There is an opportunity to complete a Housing Needs Assessment and Residential Land Needs Assessment;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE DALLES RESOLVES AS FOLLOWS:

Section 1. Pending funding approval the City will advettise a Request for Qualifications to complete a Housing Needs Assessment and Residential Land Needs Assessment.

Section 2. The City will contract with the selected responsible respondent to the Assessment Request for Qualifications.

Section 3. Effective Date. This resolution shall be considered effective as of the 26111 day of October, 2015.

PASSED AND ADOPTED THIS 26TH DAY OF OCTOBER, 2015

Voting Yes, Councilors: Voting No, Councilors: Absent, Councilors: Abstaining, Councilors:

AND APPROVED BY THE MAYOR THIS 26TH DAY OF OCTOBER, 2015

Stephen E. Lawrence, Mayor

Attest:

Julie Kruger, MMC, City Clerk MINUTES

SPECIAL COUNCIL MEETING OF OCTOBER 23, 2015 9:00AM

TOUR OF THE DALLES WATERSHED THE DALLES, OREGON

PRESIDING: Mayor Steve Lawrence

COUNCIL PRESENT: Tim McGlothlin, Linda Miller, Russ Brown, Tauer Elliott

COUNCIL ABSENT: Dan Spatz

STAFF PRESENT: Interim City Manager Julie Krueger, Public Works Director Dave Anderson

CALL TO ORDER

The tonr began at 9:00 a.m.

ROLLCALL

Councilor Spatz was absent.

WATERSHED TOUR

Public Works Director Anderson provided a tonr of the City's watershed, reservoir and dam. He pointed out logging and thinning operations throughout the area, discussed the need to replace the 3 Yz mile wooden Dog River water line, and talked about the need to increase the size of Crow Creek Dam. MINUTES (Continued) Watershed Tour/Special Meeting October 23, 2015 Page2

ADJOURNMENT

The tour concluded at 12:30 p.m.

Submitted by/ Julie Ktueger, MMC City Clerk

SIGNED: Stephen E. Lawrence, Mayor

ATTEST: Julie Krueger, MMC, City Clerk RESOLUTION NO. 15-045

A RESOLUTION CONCURRING WITH THE MAYOR'S APPOINTMENT OF A COMMITTEE TO REVIEW SEMI-FINALIST APPLICATIONS FOR CITY MANAGER RECRUITMENT

WHEREAS, a committee is needed to assist with the review of semi-finalists for the City Manager recruitment process; and

WHEREAS, the purpose of the committee is to review the application packets of the semi-finalists and to make a recommendation to the City Council regarding which candidates should be considered as finalists; and

WHEREAS, the City Council desires to form a committee to assist in developing recommendations; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

Section 1. Committee Established. A committee is established for the purpose of reviewing the application packets of the semi-finalists and to make a recommendation to the City Council regarding which five candidates should be considered as finalists.

Section 2. Appointment of Committee Members. The Committee shall be comprised of six members, representing the City of The Dalles, Wasco County, Port of The Dalles, business community, and Main Street program. The Mayor has selected the following persons to serve on the Committee:

City Council - Linda Miller City Council- Taner Elliott Wasco County- Commissioner Scott Hege Port of The Dalles -Andrea Klaas Business Community - Dave Griffith Main Street Program - Matthew Klebes

Section 3. Committee Responsibility. When the semi-finalists are forwarded to the City, the Committee will review all information and make a recommendation to the City Council as to their top five candidates. One City staff person will also serve on the Committee.

Resolution No. 15-045 Page I of2 Section 4. Effective Date. This Resolution shall be effective November 9, 2015.

PASSED AND ADOPTED THIS 9™ DAY OF FEBRUARY, 2015

Voting Yes, Councilors: Voting No, Councilors: Absent, Councilors: Abstaining, Councilors:

AND APPROVED BY THE MAYOR THIS 9™ DAY OF FEBRUARY, 2015

SIGNED: Stephen E. Lawrence, Mayor

ATTEST: Julie Krueger, MMC, City Clerk

Resolution No. 15-045 Page 2 of2 RESOLUTION NO. 15-043

A RESOLUTION ASSESSING THE REAL PROPERTIES LOCATED AT 422 WEST 14TH STREET, 383 SUMMIT RIDGE DRIVE, 204 WEST 15TH STREET, 1410 UNION STREET, 414 WEST SIXTH STREET, 505 WEST 14TH STREET, 914 EAST 8m STREET, 404 WEST 12TH STREET, 1015 LAUGHLIN STREET, AND 610 EAST 12TH STREET, FOR THE COSTS OF ABATEMENT OF JUNK AND HAZARDOUS VEGETATION

WHEREAS, the City Code Enforcement Officer posted a Notice to Abate Nuisance upon the following listed properties on the dates shown below;

Property Assessor's Map No. Date of Posting

1 422 West 14 h Street IN 13E 4DB #6600 June 29,2015 383 Summit Ridge Drive IN 13E lAC #604 July 2, 2015 1 204 West 15 h Street IN 13E 4DD #2200 July 8, 2015 1410 Union Street IN 13E 4DA #12700 July 8, 2015 1 414 West 6 h Street IN 13E 4AD #1400 June 10,2015 1 505 West 14 h Street IN 13E 4DB #4600 June 29,2015 1 914 East 8 h Street IN 13E 3DB #7400 July 15, 2015 404 West lz'h Street IN 13E 4DB #500 July 24, 2015 1015 Laughlin Street IN 13E 3CA #16500 July 15,2015 1 610 East l2 h Street IN 13E 3CD #10100 July 24,2015 and

WHEREAS, the following persons are the owners of the following listed properties;

Property Owner

1 422 West 14 h Street Kenneth Hick 383 Summit Ridge Drive William & Kristi Ketchum 1 204 West 15 h Street Arthur Devlin 141 0 Union Street Marie Douglas 11 414 West 6 ' Street V Mortgage REO I LLC 1 505 West 14 h Street Kase Limmeroth 1 914 East 8 h Street Tobin Swick 1 404 West 12 h Street John C. Sundin Sr. & Nancy L. Sundin 1015 Laughlin Street Fetzer Family Charitable Fund 61 0 East 12th Street William I & Hannah E. Carroll and

Page I of5- Resolution 15-043 WHEREAS, the Notice to Abate Nuisance required the removal of junk and hazardous vegetation from the listed properties pursuant to the provisions of General Ordinance Nos. 93- 1162 and 99-1234; and

WHEREAS, the Notice to Abate Nuisance further provided that if the nuisance conditions were not abated, the City would hire a contractor to abate the nuisance conditions, and the costs of the abatement would be charged to the owner of the properties, and become a lien upon the properties; and

WHEREAS, as a result of the owners' failure to abate the nuisance conditions on the properties, the City hired the following listed contractors, who abated the nuisance conditions on the dates listed below, for the costs listed below;

Property Contractor Date of Abatement Cost

422 West 14th Street FLI Landscape LLC July 28,2015 $472.56 383 Summit Ridge Drive FLI Landscape LLC July 28, 2015 $182.67 204 West 15th Street Rod Huarte August 5, 2015 $299.00 1410 Union Street RodHumte August 5, 2015 $239.00 414 West 6th Street FLI Landscape LLC July 28,2015 $212.52 505 West 14th Street FLI Landscape LLC July 28, 2015 $361.90 914 East 8th Street RodHumte August 19,2015 $499.00 404 West I ih Street RodHuarte August 19,2015 $599.00 I 0 15 Laughlin Street Rod Huarte September I, 2015 $199.00 610 East lih Street RodHumte September I, 2015 $799.00 and

WHEREAS, pursuant to Section 34 of General Ordinance No. 93-1162 and Section 7 of General Ordinance No. 99-1234, on August 14, 2015, the City Clerk sent a Notice of Assessment by certified mail to Kenneth Hick, Willimn & Kristi Ketchum, Arthur Devlin, Marie Douglas, the Wilmington Trust (the trustee for V M01tgage REO I LLC which acquired the prope1ty by a Sheriffs Deed recorded on July 22, 2015), and Kase Limmeroth advising them that the total costs of the assessment for each property was $972.56,$182.67, $299.00,$239.00,$212.52, and $361.90 respectively, which for the assessment for Mr. Hick included a $500 administrative fee required by General Ordinance No. 93-1162, and that the listed sums would become a lien upon the respective properties if the amounts were not paid by August 31, 2015 for Mr. Hick and by September 14,2015 for all of the other property owners; and

WHEREAS, pursuant to Section 7 of General Ordinance No. 99-1234, on September II, 2015, the City Clerk sent a Notice of Assessment by certified mail to Tobin Swick, M & T Bank (which is the holder of a trust deed which is the subject of a judicial foreclosure proceeding pending in Wasco County Circuit Court Case No. CC 15-198), Fetzer Family Charitable Fund, and Malcom Cisneros Law Corporation (which represents the Bank of America in a foreclosure proceeding pending in Wasco County Circuit Court Case No. 15-126) advising them that the

Page 2 of 5 -Resolution 15-043 total cost of the assessment for each property was $999.00,$599.00,$199.00, and $799.00 respectively, and that the listed sum for Mr. Swick would become a lien upon his property if the amount was not paid by September 28,2015, and the listed sums for the other three property owners would become liens upon the properties if the amounts were not paid by October 12, 2015;and

WHEREAS, the August 14,2015 Notice of Assessment to Mr. Hick, William Kristi Ketchum, Arthur Devlin, Marie Douglas, the Wilmington Trust and Kase Limmeroth advised them they had until August 19, 2015 to file any objection to the proposed assessments; and

WHEREAS, the September II, 2015 Notice of Assessments to Tobin Swick, M & T Bank, Fetzer Family Charitable Fund, and Malcolm Cisneros Law Corporation, advised them they had until September 16,2015 to file any objection to the proposed assessments; and

WHEREAS, none of the affected property owners filed any objection by the stated deadlines, and none of them paid the listed amounts by the stated deadlines, and the City Council finds that the statement of the amount of the proposed assessments is correct, and that no reason exists to justify any delay in proceeding with the imposition of a lien upon the properties for the costs of the assessments;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE DALLES RESOLVES AS FOLLOWS:

Section I. Assessment. The cost of the abatement of the nuisance conditions consisting of the removal of junk and hazardous vegetation for the properties located at 422 West 14111 Street, 383 Summit Ridge Drive, 204 West 15 111 Street, 1410 Union Street, 414 West Sixth Street, 111 1 1 505 West 14 Street, 914 East 8 h Street, 404 West 12 h Street, 1015 Laughlin Street, and 610 1 East l2 h Street, in The Dalles, Oregon, is assessed upon the following properties:

Name/Address Description Final Assessment

Kenneth Hick IN 13E 4DB #6600 $972.56 P.O. Box 16756 Portland, OR 97292

William & Kristi Ketchum IN 13E lAC #604 $182.67 15150 SW 93'd Avenue Tigard, OR 97224

A1ihur Devlin IN 13E 4DD #2200 $299.00 P.O. Box 1506 Stevenson, WA 98648

Page 3 of 5 -Resolution 15-043 Marie Douglas IN 13E 4DA #12700 $239.00 1410 Union Street The Dalles, OR 97058

V Mortgage REO I LLC IN 13E 4AD #1400 $212.52 c/o Shellpoint Mortgage Servicing 55 Beattie Place Suite II 0 MS 005 Greenville, SC 29601

Kase Limmeroth IN 13E4DB#4600 $361.90 P.O. Box 1276 The Dalles, OR 97058

Tobin Swick IN 13E 3DB #7400 $999.00 914 East 8111 Street The Dalles, OR 97058

John C. Sundin Sr. IN 13E 4DB #500 $599.00 9328 Olive Street Bellflower, CA 90706

Nancy L. Sundin I 0051 Tree bark Circle Westminster, CA 92683

Fetzer Family Charitable Fund IN 13E 3CA #16500 $199.00 21317 NE 37111 Avenue Ridgefield, W A 98642

William I. & Hannah E. Carroll IN 13E 3CD #10100 $799.00 35900 SE Mt. Nmway Drive Washougal, WA 98671

The legal description for the properties is shown in the attached Exhibit "A".

Section 2. Docket Entry. Upon passage of this Resolution and its approval by the Mayor, the City Clerk is instructed and directed to enter into the Docket of City Liens the following matters in relation to the assessment:

a. The foregoing legal description of the property assessed.

b. The name of the owners or statement that the owners are unknown.

c. The sum assessed upon each lot or tract of land.

Page 4 of 5- Resolution 15-043 d. The date of the docket entry.

Section 3. Notices/Collection of Assessment. The City Clerk is directed to proceed with notice and collection of the assessment in accordance with the procedures prescribed by State law for enforcement of liens and collection of assessments.

Section 4. Effective Date. This Resolution shall be effective as of November 9, 2015.

PASSED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2015

Voting Yes, Councilors:~~~~~~~~~~~~~~~~~~~~~­ Voting No, Councilors:~~~~~~~~~~~~~~~~~~~~~~ Absent, Councilors:-~~~~~~~--~~~~~~---~~~~­ Abstaining, Councilors:----~~~~~~~-~~~~~~~--~

AND APPROVED BY THE MAYOR THIS 9TH DAY OF NOVEMBER, 2015

Stephen E. Lawrence, Mayor

Attest:

Julie Kmeger, MMC, City Clerk

Page 5 of 5 -Resolution 15-043 EXHIBIT "A"- RESOLUTION NO. 15-043

Assessor's Map IN 13E 4DB #6600

Lot G, Block 34, FORT DALLES MILITARY RESERVATION TO DALLES CITY, in the City of The Dalles, Wasco County, State of Oregon

Assessor's Map IN 13E lAC #604

Lot 5, RIVER'S EDGE ESTATES I ST ADDITION, in the City of The Dalles, County of Wasco, State of Oregon

Assessor's Map IN 13E 4DD #2200

Lots K and L, Block II, FORT DALLES MILITARY RESERVATION TO DALLES CITY, in the City of The Dalles, County of Wasco, State of Oregon

Assessor's Map IN 13E 4DA #12700

Lot Seven (7), Block Forty Two (42), GATES ADDITION TO DALLES CITY, Oregon

Assessor's Map IN 13E 4AD #1400

Lot I (Eye), Block 26, FORT DALLES MILITARY RESERVATION TO DALLES CITY, in the City of The Dalles, County of Wasco, State of Oregon

Assessor's Map IN 13E 4DB #4600

Lots A and B, Block 41, FORT DALLES MILITARY RESERVATION TO DALLES CITY, in the City of The Dalles, Wasco County, State of Oregon

Assessor's Map IN 13E 3DB #7400

Lot 4, Block 5, LAUGHLIN'S BLUFF ADDITION TO DALLES CITY, in the County of Wasco, State of Oregon

Assessor's Map IN 13E 4DB #500

Lots K & L, Block 32, FORT DALLES MILITARY RESERVATION TO DALLES CITY, in the City of The Dalles, Wasco County, State of Oregon

Assessor's Map IN 13E 3CA #16500

Beginning on the East boundary line of Lot 3, Block 3, AMENDED MAYS ADDITION TO DALLES CITY, in the City of The Dalles, County of Wasco and State of Oregon, at

I a point 50 feet North of the Southeast corner of said lot; thence running Westerly parallel with Clay Street 80 feet; thence Northerly parallel with Laughlin Street 50 feet; thence Easterly parallel with Clay Street 80 feet to Laughlin Street; thence Southerly along the West boundary line of Laughlin Street 50 feet to the point of beginning

Assessor's Map IN 13E 3CD #10100

Lot 3 and the West 30 feet of Lot 4, Block 47, BIGELOW'S BLUFF ADDITION TO DALLES CITY, in the City of The Dalles, County of Wasco, State of Oregon

2 CITY OF THE DALLES Department of Public Works 1215 West First Street The Dalles, Oregon 97058

AGENDA STAFF REPORT CITY OF THE DALLES

MEETING DATE AGENDA LOCATION AGENDA REPORT #

November 9, 2015 Public Hearing 11, A, 1

TO: Honorable Mayor and City Council

FROM: Dave Anderson, Public Works Director

DATE: October 27,2015

ISSUE: Establishment of Reimbmsement Fees for Columbia Gorge Industrial Center Water and Sanitary Sewer System Reimbmsement District.

RELATED CITY COUNCIL GOALS: Not Applicable.

BACKGROUND: City Council held an informational public hearing and adopted Resolution No. 15-013 on March 9, 2015 establishing a reimbursement district for Port of The Dalles related to water and sanitary sewer system improvements that were constructed as part of the Columbia Gorge Industrial Center (previously called the Chenoweth Business Park) development. In that hearing, questions about the district were raised by representatives of Northwest Aluminum which is one of the property owners within the reimbursement district. As a result of those questions, Council took action that formed the reimbursement district but postponed establishing the reimbursement fee. Council directed City staff to meet with Northwest Aluminum representatives to clmify information related to the district and see ifthere were relevant issues that could affect the proposed reimbmsement fee. Resolution No. 15-013 provided that the reimbursement fee was to be established in the future by resolution with the intent of providing an opportunity to answer the questions raised by Northwest Aluminum before adopting the fee.

Staff from the Port of The Dalles and the City met with Howard Andersen representing Northwest Aluminum on March 24,2015. At that time, staff reviewed in detail the improvements for which a district was being formed and clarified issues related to the methodology proposed for establishing and allocating the proposed reimbursement fee. Mr. Andersen indicated that the discussion answered the questions he had raised and no further communications have been received from him since that time. Also on March 24, 2015, a call was received from Scott Tilman in Chicago representing Nmihwest Aluminum asking about the methodology of assessment for the district. His single question was answered and again, there has been no fmiher communications from him since that call.

General Ordinance No. 06-1275 which authorizes the formation of reimbursement districts requires that a second informational public hearing be conducted after the improvements have been accepted by the City and the construction costs are finalized. The improvements were accepted by the City on October 27, 2015 and this is that second hearing. All prope1ty owners have been notified of the hearing. Following the informational hearing, if Council so desires, the attached Resolution No. 15-036 can be adopted which finalizes the process of forming the reimbUI'sement district for the Pmi of The Dalles by establishing the reimbUI'sement fee. Since no new information was presented since the reimbUI'sement district was formed that would justifY a change in either the methodology or amount of the proposed reimbursement fee, no changes are proposed from the information presented in the original Public Works Director's report dated February 12,2015 (copy attached).

BUDGET ALLOCATION: The Port has paid the $1000 application fee. If the reimbursement fee is approved by City Council, the formation of the reimbursement district is finalized. The Port would then be required to pay to the City an administrative fee of $50 per qualifying lot, a total of $200, at the time of signing the reimbursement agreement. Simple interest will accrue on the unpaid reimbursement fee at the rate of3.25% annually which shall not compound.

ALTERNATIVES:

A. Staff Recommendation: Following the public hearing, move to adopt Resolution No. 15-036 establishing reimbursement fees for the Port of The Dalles Cltenowith Business Park (Columbia Gorge lndstrial Center).

B. Deny establishment of the reimbUI'sement fees for the Columbia Gorge Industrial Center Water and Sanitmy Sewer Improvements reimbUI'sement district and provide additional direction to staff. PUBLIC WORKS DIRECTOR'S REPORT February 12, 2015

In Response to Application by Port Of The Dalles (Poti) for Establishment of a Reimbursement District for Chenoweth Business Park Water and Sanitary Sewer Improvements in the Proposed Amount of $1 ,046,001.04.

SECTION 1: CONTENT OF PUBLIC WORKS DIRECTOR'S REPORT

This report follows the criteria established in General Ordinance 06-1275 which was approved by City Council on December II, 2006. This written repoti considers and makes a recommendation concerning each of the following factors:

A. The project for which an application has been made for formation of a reimbursement district, the reasons for the cost distribution proposal, and an evaluation of the public interest served by the project.

B. The actual or contracted cost of the public improvement serving the area of the proposed reimbursement district and the potiion of the public improvement cost that is reimbursable.

C. The boundary and size of the reimbursement district.

D. A methodology for spreading the cost among the properties within the reimbursement district and, where appropriate, defining a "unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, subdivided, altered or modified at some future date.

E. The amount to be charged by the City for an administration fee for the reimbursement agreement. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement is signed.

F. Whether the public improvements will or have met City standards.

SECTION 2: APPLICATION FOR ESTABLISHMENT OF REIMBURSEMENT DISTRICT

The Port has made application for the establishment of a reimbursement district for a public improvement as outlined in Section 2 of City of The Dalles General Ordinance 06-1275. The project is:

o The construction of an 18-inch diameter water main, 8-inch and 10-inch diameter gravity sanitary sewer mains, a sanitary sewer lift station and two 6-inch diameter pressure sanitary sewer mains to serve industrial and commercially zoned propetiies on both sides ofChenowith Creek and east oflnterstate 84, in support of the Chenoweth Business Park development. The application was made in accordance with the requirements of Section 2 of General Ordinance 06-1275. The applicant has paid the required application fee.

I have read the project description in the application, reviewed project plans, and reviewed the project with technical staff which indicated that the Chenoweth Business Park water and sanitary sewer improvements have been designed and constructed to comply with city standards and provide safe and effective water and sanitary sewer service to the affected area. The project is scheduled for completion and acceptance by the City by May 31,2015.

The concept of financing this type of project utilizing a Reimbursement District has been acceptable to the City Council, as indicated by the adoption of General Ordinance 06-12 7 5. This improvement has been determined to be imp01tant and beneficial to the identified properties in the area if they develop or connect to the City water and sanitary sewer systems and, therefore, cost sharing conditions are proposed on those properties prior to their development or connection, if the District is approved by Council. The properties which have not, at this time, made application for any development but which will benefit from the improvements, when developed, are included in the reimbursement district.

SECTION 3: FINANCING FOR THE CHENOWETH BUSINESS PARK WATER AND SANITARY SEWER SYSTEMS REIMBURSEMENT DISTRICT

The Port has financed all of the costs associated with the Chenoweth Business Park water and sanitary sewer improvements, and the services provided by these public improvements are available to properties other than those owned by the Port. The construction-related contracted costs anticipated to be paid by the Port were included in the application.

SECTION 4: COST OF THE PUBLIC IMPROVEMENT SERVING THE PROPOSED REIMBURSEMENT DISTRICT

The total cost to the Port that was not provided by grants to construct the water and sanitary sewer systems to serve the Chenoweth Business Park and neighboring properties is projected to be $1,833,897. Of that total cost, $105,862 was related to construction of the water system improvements while $1,728,035 was related to construction of the sanitary sewer systems. Port-owned properties make up approximately 42.5% of the area that can be served by the improvements and would not be included in the proposed District.

The application received from the Port indicated a total requested reimbursable cost of $1,054,611.1 0. However, the application contained an error in the size of one of the tax lots. Therefore, it is recommended that the corrected reimbursable costs related to the benefited properties which are not owned by the Pott, subject to future changes resulting from actual construction costs, be established at $1,046,001.04 ($60,660.32 for water and $985,340.72 for sewer improvements) for all prope1ties within the District except Tax Lot 300 which is already connected to the City water system and does not benefit from the water system improvements. It is further recommended that the reimbursable costs, subject to future changes resulting from actual construction costs, be established at $8,457.09 for sewer improvements for Tax Lot 300.

SECTION 5: BOUNDARY AND SIZE OF THE REIMBURSEMENT DISTRICT

In accordance with General Ordinance 06-1275, the reimbursement district provides a mechanism whereby both previously conditioned properties and future developable prope1ties will share in the costs of the public improvements that have been constructed by the P01t. Properties owned by or dedicated to the City, the State of Oregon, or the Bonneville Power Administration (U.S. Govemment) are excluded from the reimbursement district. There are certain other undeveloped properties and properties not currently connected to the City water and/or sanitary sewer systems both north and south of Chenowith Creek and east ofl-84 that will benefit from the improvements when they are developed or connected in the future.

The following reimbursement district properties are to be considered as part of the reimbursement agreement for the Chenoweth Business Park water and sanitary sewer system improvements: I. Tax Lot 2N 13E 21 600 (map 2N 13 21 revised 3-19-2013) owned by Northwest Aluminum 2. Tax Lot 2N 13E 28 70 I (map 2N 13 28 revised 3-19-20 13) owned by Nmthwest Aluminum 3. Tax Lot 2N 13E 28 B 300 (map 2N 13 28B revised 6-16-2009) owned by Wasco County 4. Tax Lot 2N 13E 28 702 (map 2N 13 28 revised 3-19-2013) owned by WM3 Inc These properties are outlined in the map included as Attachment "A".

SECTION 6: METHODOLOGY FOR REIMBURSEMENT FEE ALLOCATION TO REIMBURSEMENT DISTRICT

The reimbursement district for the Chenoweth Business Park water and sanitary sewer system improvements includes property that is all commercially or industrially zoned. All of the reimbursement properties are located within the Urban Growth Boundary, notth or south of Chenowith Creek and east ofl-84.

There are a number of methods that could be used for appmtionment of costs for a reimbursement agreement for water or sanitary sewer improvements: linear frontage, lot size or area, or number of lots. The lots proposed for this reimbursement district are of irregular size and shape. It is impossible to accurately predict how they may be developed in the future. Some of the lots could be partitioned into smaller lots, or consolidated into larger ones. Also, the linear frontage of these lots does not realistically reflect the relative value of the improvement to each lot.

The size of each lot most closely represents the potential value each may receive from the improvements, with larger lots potentially supporting larger developments with greater utility demands. Therefore, the method proposed for apportionment of costs for this reimbursement district is area (measured in acres). Each acre of area in the proposed district has equal opportunity to receive water and sanitary sewer services from the Chenoweth Business Park water and sanitary sewer improvements. Since the value of the improvement to all prope11y in the proposed district is equal, area-based assessments are recommended.

One parcel in the area is owned by the Bonneville Power Administration (BPA) and, as a federal entity, is exempt from local government special assessments. Since it is unlikely that this parcel would ever be developed in a way that would utilize City water or sanitary sewer services, it has been excluded from the proposed district.

Utilizing the methodology outlined above, a district with a total area of 110.46 acres is proposed. For Tax Lots 600,701 and 702 a total reimbursement fee of$9,550.78 per acre is proposed, of which $553.87 per acre would be for water system improvements while $8,996.90 would be for sanitary sewer improvements. For Tax Lot 300 a total reimbursement fee of $8,996.90 per acre is proposed for the sanitary sewer improvements. SECTION 7: ADMINISTRATIVE FEE AND INTEREST RATE TO BE APPLIED TO REIMBURSEMENT DISTRICT

A. It is recommended that the administration fee as outlined in Section 3 of General Ordinance 06- 1275 shall be as follows: $50 per qualifying lot, for a total of $200, payable to the City by the applicant at the time the reimbursement agreement is signed.

B. It is recommended that the interest rate to be applied to the unpaid reimbursement fee be fixed at three and one-quarter percent (3.25%), the federal prime interest rate on Febrnary 12, 2015. It is proposed that interest accrnal on the reimbursement fee start 30 days after the effective date of the formation of the reimbursement district. The approved General Ordinance defines that the interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound. RESOLUTION NO. 15-036

A RESOLUTION ESTABLISHING REIMBURSEMENT FEES FOR THE PORT OF THE DALLES CHENOWETH BUSINESS PARK (COLUMBIA GORGE INDUSTRIAL CENTER)

WHEREAS, the City Council adopted General Ordinance No. 06-1275 on December II, 2006, authorizing the creation of reimbursement districts for the purpose of making water system and sanitary sewer system public improvements; and

WHEREAS, the Port of The Dalles, acting as the Developer under the provisions of General Ordinance No. 06-1275, has submitted a request for the formation of a reimbursement district for a project involving the constmction of an 18-inch diameter water main, 8-inch and I 0- inch gravity sanitary sewer mains, a sanitary sewer lift station, and two 6-inch pressure sanitary sewer mains in support of the Chenoweth Business Park development; and

WHEREAS, the improvements can benefit properties other than those owned by Pot1 of the Dalles when they develop in the future; and

WHEREAS, the Public Works Director has reviewed and evaluated the application submitted by the Developer and has submitted a written repot1 to the City Council; and

WHEREAS, the City mailed notice of the proposed reimbursement district to the Developer and all owners of property within the proposed district; and

WHEREAS, the City Council conducted an informational public hearing on March 9, 2015, to consider the Public Works Director's report dated Febmary 12,2015, and to allow any interested person an opportunity to comment on formation of the proposed reimbursement district; and

WHEREAS, the City Council adopted Resolution No. 15-013 on March 9, 2015, establishing the Chenoweth Business Park reimbursement district; and

WHEREAS, Resolution No. 15-013 provided that the reimbursement fee for the reimbursement district would be established by adoption of a future resolution; and

WHEREAS, the City Council conducted a second informational public hearing on November 9, 2015, to consider the reimbursement fees for the reimbursement district, and to allow any interested person an opportunity to comment on the proposed reimbursement fees;

Page I of 2 - Resolution No. 15-036 (09022015 l5-036.res) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE DALLES RESOLVES AS FOLLOWS:

Section I. Reimbursement Fees. Payment of the applicable reimbursement fee of $9,550.78 per acre for tax lots 2N 13E 21 600, 2N 13E 28 701 and 2N 13E 28 702 and $8,996.90 per acre for tax lot 2N 13E 28B 300 as specified in the Public Works Director's report is a precondition of receiving City permits applicable to the development of parcels located within the reimbursement district pursuant to General Ordinance No. 06-1275.

Section 2. Effective Date. This Resolution shall be considered effective as of November 9, 2015.

PASSED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2015

Voting Yes, Councilors: ______Voting No, Councilors: ______Absent, Councilors: ______Abstaining, Councilosr: ______

AND APPROVED BY THE MAYOR THIS 9'" DAY OF NOVEMBER, 2015

Stephen E. Lawrence, Mayor

Attest:

Julie Krueger, MMC, City Clerk

Page 2 of2- Resolution No. 15-036 (09022015 15-036.res) CITY of THE DALLES 313 COURT STREET THE DALLES, OREGON 97058

(541) 296-5481 FAX (541) 296-6906

AGENDA STAFF REPORT CITY OF THE DALLES

MEETING DATE AGENDA LOCATION AGENDA REPORT#

November 9, 2015 Contract Review Board Item 12,A

TO: Mayor and City Council

FROM: Kate Mast, Finance Director

DATE: October 29,2015

ISSUE: Authorization to Sign SoftwaTe as a Service (SaaS) Agreements with Caselle for Implementation, Conversion and Training on Integrated Software Modules as Proposed.

RELATED COUNCIL GOAL: Council Goal #7: Evaluate the potential ofacquiring and implementing an integrated software system, and implementing by the end of2016, including a cost accounting program; and Council Goal #5: implement a method to track costs ofCity Public Works crew construction projects by the beginning of the 2015-16 fiscal year.

BACKGROUND: We are very close to having an agreement with Caselle for the City Council to consider at the meeting on November 9, 2015. We are working very hard with Caselle to have the Software as a Service (SaaS) agreement and proposals ready to send out to the Council in the next few days.

We have asked Caselle to provide two proposals to be attached to the agreement. The first Case lie proposal includes all of the integrated modules that we need at this time and provides for the annual fees to be fixed for a period of seven (7) years, unless we add more modules or users.

The second proposal provides the option to purchase some other modules, including payrolllpersonnel and comi, within the next two years at the same price they are offered to us today. As you know, the Council authorized use of the ADP software for

ASR- Caselle Software Agreement/Proposals Pagelof3 personnel/payroll functions at their meeting on October 26. The option to go to the Caselle modules for those services is available if we choose to leave ADP within the next two years. We opted to wait on the Caselle Court module because of the review that the newly appointed Committee will be undertaking over the next few months to determine what type of court the City needs to operate in the future. If we get all the other Caselle modules up and running by the end of the current contract with SunGard, we would only then have to pay for their comi module in the next fiscal year, which would operate as a stand-alone system. After the future of the court is decided, we have the option to purchase and implement the Caselle Comi modules.

While the training would take place at the Caselle campus in Utah, Caselle has waived their fees (approximately $13,000) for training at their facility, so the costs to the City would be for travel, lodging and meals.

BUDGET IMPLICATIONS: The costs, based on current proposals, are as follows: • Initial Investment: includes conversion, implementation & training= $34,480. We would pay half of that amount ($17,240) upon signing the agreements. The remainder would be due upon completion of the training. • Approximately $15,000 for Caselle staff to come to us for three days for pre­ implementation and three days for post-implementation assistance. This is billed at $2,000 per day, plus the actual travel expenses. • Annual fees on seven year contract= $39,840 per year. This would be paid at $3,320.00 monthly. There would be no increases for seven years, unless we added more modules during that time. • The options proposal is good for up to two years and allows the City to purchase the payroll/personnel modules, comi modules and a check on demand module at today's prices. The initial costs for each of these modules and the associated aunual fees are listed in that proposal and would be added to the amounts shown above.

In addition, there will be other costs associated with this project: • Purchase of two (2) new receipt printers for cashier windows- approximately $2,000. $1,000 is cunently budgeted in Finance!UB budget for FYI5/16. • Purchase of a high production Laser Printer- approximately $3,000. Already included in the Finance/DB budget for FY15116. • Desk top scanners- five (5) for Finance Department- approximately $5,000. $2,000 already included in Finance!UB budget for FY15116. • Contract for CASS certification from a third party vendor (possibly Pitney Bowes), which would provide updates that can be uploaded into the Caselle software, as required by the US Postal Service to receive the lowest rates for bulk mailings, would cost approximately $2,000 per year. • Folding machine for stuffing Utility Bills, etc. -Quote from Pitney Bowes for a five (5) year lease= $8,475 per year, paid quarterly. Not in budget for FY15/16.

ASR- Caselle Software Agreement/Proposals Page 2 of3 This project, other than some of the items listed above, is not cunently budgeted for FY15/16. Pending Council's decision whether or not to proceed with this project, I recommend that the Water and Wastewater Funds pay equal shares of the full costs of the Utility Billing module, and that the Water Fund pay 18.56%, the Wastewater Fund pay 15.86%, and the Street Fund pay 8.33% of the cost of the rest of the modules, excluding the court module. These percentages are those that were applied to the current budget as the share the Water, Wastewater and Street Funds should pay for the Technology Department, as shown in the City FY15116 Budget Book Appendix B on page 97. In addition, the Water and Wastewater Funds should pay approximately $13,475 for the new production printer, folding machine lease and CASS ce1tification, as these are needed to process the utility bills. The General Fund would then need to cover the rest of the costs.

As discussed in a previous staffrepmt regarding this issue, the Water Utility Fund, the Wastewater Fund and the Street will all realize enough additional Beginning Fund Balances this year to cover these costs, so a supplemental budget could be approved to recognize those additional funds and allocate them to be transferred to the General Fund. The supplemental budget would also include recognition of the additional transfer amounts to be received in the General Fund and allocate them to the Technology Department for this project. A budget amendment resolution would also be needed to transfer the portion to be contributed by the General Fund from the Contingency line item to the Technology Depmtment for this project.

If the Council chooses to direct staff to proceed with this project, staff would bring a Supplemental Budget resolution and a Budget Amendment resolution to the Council for consideration at a future Council meeting. Such resolutions may also include the budget changes needed to fund the City Manager recruitment costs and other miscellaneous items requiring changes.

COUNCIL ALTERNATIVES: 1. Staff Recommendation: Move to Authorize the City Manager to Sign Software as a Service (SaaS) Agreements with Case lie for Implementation, Conversion and Training on Integrated Software Modules as Proposed. 2. Direct staff to negotiate specific items within the contract and bring the agreement back for consideration at a later Council meeting. 3. Direct staff to discontinue this project until further notice.

ASR- Caselle Software Agreement/Proposals Page 3 of3 CITY of THE DALLES 313 COURT STREET THE OALLES, OREGON 97058

(541) 296-5481 ext. 1122 FAX: (541) 296-6906

AGENDA STAFF REPORT CITY OF THE DALLES

MEETING DATE: AGENDA LOCATION: AGENDA REPORT #

November 9, 2015 Action Items 13,A

TO: Honorable Mayor and City Council

FROM: Gene E. Parker, City Attorney

DATE: October 29, 2015

ISSUE: Adoption of Special Ordinance No. 15-570, amending the legal description and map attached as Exhibit A for Special Ordinance No. 14-563.

RELATED CITY COUNCIL GOAL: None.

PREVIOUS AGENDA REPORT NUMBERS: None.

BACKGROUND: On December 8, 2014, the City Council adopted Special Ordinance No. 14- 563, vacating a pottion ofthe alley between East First and East Second Streets for the Granada Block Redevelopment Project. Pursuant to ORS 271.150, a certified copy of the ordinance was recorded with the Wasco County Clerk, and a copy of the ordinance was presented to the Wasco County Assessor for filing. A review of the ordinance by the Oregon Department of Revenue Cattography Division indicated there were some errors in the legal description and map which were set fotth as Exhibit "A" for the ordinance. City staff worked with Tenneson Engineering, the County Assessor's office, and the Depattment of Revenue Cartography Division to prepare a conected legal description and map. Special Ordinance No. 15-570 includes the corrected Exhibit "A" containing the revised legal description and map.

Section 5 of Special Ordinance No. 14-563 included as a condition subsequent that in the event the Granada Block Redevelopment Project was not completed in accordance with the provisions of the Development and Disposition Agreement (DDA) between the Columbia Gateway Urban Renewal Agency and Rapoza Development Group LLC, the Urban Renewal Agency would be required to execute a deed re-dedicating the portion of public right-of-way vacated by the

ASR- Special Ordinance 15-570 ordinance, to the City. The DDA between the Agency and Rapoza was effectively terminated as of October 1, 2015 before the redevelopment project was completed. In order to assure a clear chain of title to the vacated public right-of-way, it is necessary to adopt Special Ordinance No. 15-570, which will correct the legal description and map used in Special Ordinance No. 14-563. It should be noted that in the event Rapoza Development Group submits a proposal in response to the Request for Proposal (RFP) for development of the Granada Block, which RFP is anticipated to be issued in the near future, and the Agency determines that Rapoza has submitted the best responsive proposal, the Agency can negotiate a new DDA with Rapoza which would include a provision for another proceeding to vacate the portion of public right-of-way which was the subject of Special Ordinance No. 14-563.

Notice of adoption of Special Ordinance No. 15-570 has been posted in accordance with the City Charter, and the ordinance can be adopted by title only.

BUDGET IMPLICATIONS: The City will incur the cost of recording Special Ordinance No. 15-570 which is estimated to be $81.

ALTERNATIVES:

A. Staff Recommendation. Move to adopt Special Ordinance No.IS-570 by title only.

ASR- Special Ordinance 15-570 SPECIAL ORDINANCE NO. 15-570

AN ORDINANCE AMENDING THE LEGAL DESCRIPTION AND MAP ATTACHED AS EXHIBIT A FOR SPECIAL ORDINANCE NO. 14-563

WHEREAS, the City Council adopted Special Ordinance No. 14-563 on December 8, 2014, vacating a portion of the alley between East First and East Second Streets for the Granada Block Redevelopment Project; and

WHEREAS, a certified copy of Special Ordinance No. 14-563 was recorded with the Wasco County Clerk's Office in their deed records on December 22,2014 as Microfilm No. 2014-004012; and

WHEREAS, a certified copy of Special Ordinance No. 14-563 was presented to the Wasco County Assessor for filing pursuant to ORS 271.150; and

WHEREAS, a review by the Oregon Department of Revenue Cmiography Division indicated there were some errors in the legal description and map which were set fotih in Exhibit "A" included with Special Ordinance No. 14-563; and

WHEREAS, City staff has worked with the County Assessor's office and the Depatiment of Revenue Cartography Division to prepare a corrected legal description and map; and

WHEREAS, the City Council desires to adopt an ordinance mnending Exhibit "A" included with Special Ordinance No. 14-563 to complete the revisions necessary for the legal description for the right-of-way which was vacated pursuant to Special Ordinance No. 14-563;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF THE DALLES ORDAINS AS FOLLOWS:

Section I. Special Ordinance No. 14-563 Amended. Section I of Special Ordinance No. 14-563 shall be amended to read as follows:

Section 2. Pmiion ofRight-of-Way Vacated. The following portion of public right-of­ way is hereby vacated:

A 16 foot wide strip of land lying in Block 3 of the Original Dalles City in the Notihwest 1/4 of Section 3, Township I Notih, Range 13 East, Willamette Meridian, City of The Dalles, Wasco County, Oregon, being more particularly described as follows:

A 16.00 foot wide strip of land lying 16.00 feet to the right side of the following described line: Beginning at the Southeasterly corner of that tract of land described in Document #99-4815, Deed Records of Wasco County, said point lies on the Northeasterly line of the 16 foot alley lying in said Block 3, said point fmther being the Southeasterly corner of the West 36.5 feet of even width of Lot 3 of said Block 3; thence along said Northeasterly alley line, South 55°35'26" East 137.5 feet, more or less, to the intersection with the Westerly right-of-way line of Washington Street and terminus point of this description.

Contains 2,200 square feet, more or less.

The portion of the right-of-way proposed to be vacated is described on page I of Exhibit "A", and on the map shown as page 2 of Exhibit "A", which is attached hereto.

Section 3. Submittals. The City Clerk shall submit, within the proper time frames, all necessary copies of this Ordinance and any supporting documents required by the various state statutes to the appropriate State and County officials and depmtments.

PASSED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2015

Voting Yes, Councilors: ______Voting No, Councilors: ______Absent, Councilors: ------Abstaining, Councilors: ______

AND APPROVED BY THE MAYOR THIS 9TH DAY OF NOVEMBER, 2015

Stephen E. Lawrence, Mayor

Attest:

Julie Krueger, MMC, City Clerk EXHIBIT A

May II, 2015

LEGAL DESCRIPTION for Alley Vacation

A 16 foot wide strip of land lying in Block 3 of the Original Dalles City in the Northwest l/4 of Section 3, Township I No1th, Range 13 East, Willamette Meridian, City of The Dalles, Wasco County, Oregon, being more particularly described as follows:

A 16.00 foot wide strip of land lying 16.00 feet to the right side of the following described line:

Beginning at the Southeasterly corner of that tract of land described in Document #99-4815, · Deed Records of Wasco County, said point lies on the Northeasterly line of the 16 foot alley lying in said Block 3, said point further being the Southeasterly corner of the West 36.5 feet of even width of Lot 3 of said Block 3; thence along said N01theasterly alley line, South 55°35'26" East 137.5 feet, more or less, to the intersection with the Westerly right-of-way line of Washington Street and terminus point of this description.

Contains 2,200 square feet, more or less. <14446_DESC.OOI_sa> ':\ 1/ ~ f TA X LOT 01N-13E-03BA 900 ~ ' ' (E. GLEASON , DOC. #99- 4815) ~ LOT 5 I ~ 1/ 1/ SJ>~ / ' LOT4 €-e-7> ' '

' ' ':\ fsa.) f ~ LOT 10

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Survey Calc. App. T ENNESON ENGJNEERING C oRP. T.E.C. D.O. E. B. B. B . EXHIBIT MAP CONSULTING ENGINEERS Drawn Date Scale PROPOSED PARTIAL ALLEY VACATION FOR COL UM BIA GATEWAY URBAN RENEWAL ~ 3 775 CRATES WAY S.D.H. 5/ 11 / 201 5 1 "=60' - THE DALLES, OREGON 9 7058 Dwg. No. Work Order No. Sheet IN BLOCK 3, PLAT OF THE ORIGINAL DALLES CI1Y I PH. 541-296-9177 FAX 541-296-6657 14446_Ex 1 4446 1 of 1 THE DALLES, WASCO COUN1Y, OREGON CITY of THE DALLES 313 COURT STREET THE DALLES, OR 97058

PH. (541) 296-5481 FAX (541) 296-6906 AGENDA STAFF REPORT CITY OF THE DALLES

MEETING DATE AGENDA LOCATION AGENDA REPORT#

November 9, 2015 Action Items 13, B

TO: Honorable Mayor and City Council

FROM: Julie Krueger, MMC, Interim City Manager

DATE: October 28, 2015

ISSUE: Consider Options for Washington Street Crossing Project.

BACKGROUND: A memorandum was provided in September regarding the re-evaluation of the Washington Street Crossing Project. That memo outlines issues related to finances for the project, options, and included a recommendation. A memo was also provided regarding the Oregon Department of Transportation STIP grants, noting that the funds would no longer be available to the project if a different type of crossing was proposed. It is estimated it would cost an additional $1 million for environmental and archaeological work to continue with the undercrossing proposal.

We have issued a new Request for Proposals for the Granada Block Redevelopment Project, which will close on December 29. How the Washington Street/First Street treatments proceed could also depend on the successful proposal for this project.

BUDGET IMPLICATIONS: Unknown at this time.

ALTERNATIVES: ODOT is waiting for a reply from the City regarding whether we will use the STIP funds for this project. A decision by the City Council is needed urgently. If the Council wants to proceed with the undercrossing and use those funds, we will need to identify additional funding sources for the project.

I At this time, with so many unknown factors, it may be best to release the STIP funds back to ODOT and wait until a project is selected for the Granada Block properties, then make a decision as to whether a crossing should be pursued, or move to a different project, such as a plaza area at Washington Street and/or First Street streetscape features.

2 CITY of THE DALLES 31 3 COURT STR EET THE DALLES. OR 9 7058

PH. (54 1) 296-5481 FA X (541) 296-6906 MEMORANDUM

TO: Honorable Mayor and City Council

FROM: Julie Krueger, Interim City Man~

DATE: October 21,2015

RE: Washington Street Crossing Project

On September 14, former City Manager Young sent a memorandum (attached) to you as the Urban Renewal Agency Board and the Urban Renewal Advismy Committee, concerning there­ evaluation of the Washington Street Crossing and First Street Urban Renewal Treatment. The memo provided additional information regarding newly discovered costs and shortfalls, resulting in the proposed project being underfunded by approximately $1 million.

The memo went on to provide alternatives for the Council's consideration, each including how the option could be funded. The STIP funds may not be available if we change the scope of the project from the undercrossing to some other form of crossing (at grade or sky bridge). ODOT has asked our intentions and is asking for a decision as to whether we plan to move forward with the original project.

It appears that the federal grant, also administered through ODOT, will expire in 2016.

I would like to have the City Council review the attached information and either bring it up under City Council section of the agenda, or I can schedule for an Action Item on the November 9 agenda, whichever you prefer. Once the Council has agreed on a direction, we will inform ODOT regarding the STIP funds. IMPROVING OUR COMMUNITY

COLUMBIA GATEWAY URBAN RENEWAL AGENCY CITY OF THE DALLES

MEMORANDUM

TO: Urban Renewal Agency Board Urban Renewal Advisory Committee

FROM: Nolan K. Young j~

DATE: September 14, 2015

ISSUE: Reevaluation of First Street Urban Renewal Treatment and Washington Street Railroad Crossing

RELATED CITY COUNCIL GOAL Economic Development #1: Review and reevaluate the First Street Urban Renewal Treatment and Washington Street Railroad Undercrossing Project.

BACKGROUND: Budget Issue Paper 15-020 on this City Council Goal (attached) reviewed the background and established a Council Goal work plan. The purpose of this memo is to give an update on current progress, and recommend altematives for consideration.

We were recently visited by representatives of the Oregon Depmtment of Transportation, which included both their environmental historic preservation representatives. The purpose of the meeting was to give us an update on some additional information that had been obtained. While doing the required research for the federal historic preservation review ODOT became familiar with some prior Chinese commercial activities on the eastern edge of Washington Street at First Street. We previously thought that most of the Chinese activities were around the western side of Washington Street and were not involved the project area. ODOT informed us this new information would require additional archeological research prior to the development of the historic preservation mitigation plan, and archeologists would need to on tap at all time during excavation of the proposed Washington Street tunnel. They also expressed concern that the tunnel may be deep enough that it could reach pre-pioneer settlement deposits that would have to be further addressed. A general estimate of this activity is anticipated to add an additional $200,000 to $400,000 to the project cost.

In addition, we were reminded that a large heating tank had previously been removed on the western corner of First and Washington Streets. This tank had been leaking for a number of years and had a large plume of contaminated soil that extended well into the intersection of First and Washington and somewhat down Washington Street. This contaminated soil presents

313 COURT STREET • THE DALLES, OREGON 97058-2193 • PHONE (541) 296-5481 • FAX (541) 298-5490 additional issues including special equipment for monitoring and working within the area, and the necessity to decontaminate any artifacts that are found. This could add another $100,000 to the project estimate, for a total new conservative estimate of$300,000 to $500,000.

Prior to receiving this news we had already become aware that we could be as much as 9% ($540,000) short of having the funds, because of general inflation factors applied since the original construction estimate in 2013 to a constmction date of2016 (3% per year).

These new total exposures put the current budget shott in funds raised by $1 million. We are not aware of any grant or urban renewal resources that can be applied to this shmtfall.

POTENTIAL ALTERNATIVES: Following is a list of potential alternatives to respond to both the Council Goal for reevaluation of this project as well as the new challenges of the historic preservation issues. We have listed these in order of staff preference.

I. At-grade Washington Street Plaza without the undercrossing. We have been discussing with the architect the possibility of just constructing the at-grade Washington Street Plaza and First Street improvements, including enhanced bicycle and pedestrian facilities to Union Street. It is estimated this would cost approximately $3.4- $3.9 million. The current budget is $7.14 million (see budget implications below). That includes $1.35 million from ODOT's STIP Grant that will not be available for only street & plaza improvements. We would still have available the other federal funds of$1.6 million. We would need to include $2.3 million in Urban Renewal funds. We would have available approximately $1.85 million of the $4.15 million in Urban Renewal funds budgeted for other projects. a) In addition to option 1, the Urban Renewal Agency could include at an approximate cost of$357,000 to $496,000 to do the engineering on the sky bridge to determine actual costs and design in order to decide if it should be pursued.

2. Construct at-grade plaza with Sky Bridge. In addition to the at-grade plaza this option would include constructing a sky bridge for the proposed parking structure that would go across the railroad at about 21 feet high to a viewing tower, staircase and elevator tied to the current Lewis and Clark Festival Park. The elevator would have sufficient capacity for wheelchairs and bicycles. If this approach was taken it could also include a sky bridge from the proposed Hilton Garden to the parking structure. This project would be contingent on the construction of the parking stmcture. If the parking structure wasn't built it would necessary to have elevators on both sides which would greatly increase the cost of the project. It is estimated that right now the project would cost $5.8-$7.1 million. In order to proceed with this project we would need to obtain approval from ODOT to amend our current $1.35 million STIP Grant. Regional ODOT staff have indicated they are reluctant to recommend that amendment because they believe the sky bridge would be much less effective in moving bicycles across the railroad tracks. They believe that most cyclists would just use the at-grade crossing. If that $1.35 million was not available, we could still construct the sky bridge as long as it was designed to meet the low end cost of $5.8 million. This would require the $4.15 million in the current budget. If we went with this approach we could do the project in two phases. The first phase as identified in option I a above, including the design for Phase 2, while we pursued additional funding and determined if the Granada Block project was going to proceed in a manner that would require the parking structure.

313 COURT STREET o THE DALLES, OREGON 97058-2193 o PHONE (541) 296-5481 o FAX (541) 298-5490 3. Proceed with the project as currently designed. If we were going to go this route we would need to identify an additional $1 million in funding to handle the additional costs identified above. If this direction is selected staff could be directed to have the engineers work on historical preservation and environmental work while we pursue additional grant funding.

4. First Street Streetscape only. Under this alternative we would no longer do the we would no longer do the Washington Street Plaza or any crossing of the railroad tracks. railmad tracks. We don't have a full cost estimate for this project. We estimate that it would be somewhere around $2.6 million. We should be able to use the federal funds ($1 .6 million) for this reduced project. We would still need $1 million from Urban Renewal. This would free up about $3.1 million from Urban Renewal for additional projects.

5. Decline to pursue either First Street Streetscape Project or the Washington Street Plaza or the crossing of the railroad tracks at this time. This would make $4. 15 million available for other projects.

BUDGET IMPLICATIONS: The budget for the Washington Street Project is detailed below: Expenses: Construction Costs: $6,169,000 Construction Mgmnt/Inspection: $ 621,000 UPR Permits and Reimbursements: $ 350,000 TOTAL: $7,140,000

Source of Funds: ODOTSTIP: $1,350,000 Urban Renewal: $4,156,880 Other Federal: $1,633,120 TOTAL: $7,140,000

It should be noted that $845,000 of the Urban Renewal Funds are contingent upon sale of the Granada Block property.

There is a big question mark regarding if the ODOT STIP funds could be used if the project was amended. We have been told that the other federal funds should be available for the amended project.

STAFF RECOMMENDATION: Staff recommends that the Urban Renewal Agency amend the project to include option !a design the First Street Improvements, an at-grade Washington Street Plaza, and a sky bridge railroad crossing; and construction of the First Street improvements and Washington Street Plaza. Funds for this Phase would come from Urban Renewal and other federal funding. The sky bridge would only be constructed if the Granada Block Project, as proposed by Rapoza including the parking structure proceeds.

313 COURT STREET • THE DALLES, OREGON 97058-2193 • PHONE (541) 296-5481 • FAX (541) 298-5490 CITY of THE DALLES 313 COURT STREET THE DALLES, OREGON 97058

(541) 296-5481 FAA (541) 296-6906

MEMORANDUM

TO: Gary Farnsworth and Darrell Newton

FROM: Daniel Hunter, Project Coordinator

DATE: October 15, 2015

ISSUE: Washington Street Project STIP Funds

Gary and Darrell:

The following information is on the status and the City's intent with regard to the Washington Street Project and STIP funds for that project. As you know, we have been looking for options on the project due to increased cost projections and additional oversight requirements. To provide you with any definite answer as to our intent at this point is not possible. The final decision on the project rests with the City Council, and we have not received a clear direction from them on the project.

As you may know, the contract for City Manager Nolan Young was terminated by City Council on September 14, 2015. As a result, staff has been working with Interim City Manager Julie Krueger on numerous projects to determine the status and receive guidance from City Council on how they would like to proceed.

That being said, we understand that the proposed modifications in the scope of the project constitute a significant change. We further realize that change would result in a new connection to our Festival Park and River Front Trail that is not ideal and not as seamless as the underpass; given this, it is unlikely that the revised scope would be approved by the Award Committee.

If we retain the underpass option, we are $1 million short of projected costs on the project. It seems unlikely that we will be able to secure the funds for this project with the original scope in the near future.

Due to the factors listed above, the City asks for time to confer with the City Council and receive their direction on this project. The next possible time to do so is at the November 9, 2015 City Council Meeting. We respectfully ask that you hold any decision until we are able to have the project addressed by Council. We will be able to respond with a

Page 1 of2 more definite intent on November 10, 2015.

Barring further consideration on this project by ODOT we respectfully ask that the 6111 Street Project, submitted at the same time by our Public Works Director, be considered in lieu of the Washington Street Project. We do understand that this grant was awarded to the Washington Street Project and not to the City; however, we ask that it be considered as a replacement.

Page 2 of2 Department of Transportation Chegon Gary Farnsworth Central Oregon/LJD Area Manager Kate Brown, Covernor ODOT Region 4 63055 N Hwy 97, Bldg M Bend, Oregon, 97701 Phone: (541) 388-6071 Cell: (541) 815-6876 October 28, 20 I 5

Daniel Hunter Project Coordinator City of The Dalles 3 I 3 Court Street The Dalles, Oregon 97058

RE: Washington Street Railroad Undercrossing Project- Enhance Funding

Daniel,

1 Thank you for your October I5 h Memo regarding status of the Washington Street Railroad Undercrossing project, and the currently committed $1.35 Million 2015-18 STJP Enhance funding. In our discussion with 1 Nolan Young back on September 11 ' \ I clarified that in order for the Enhance fi.mding to stay in the project, any scope modification needs to address the Railroad Undercrossing purpose and goals described in the City's Enhance Application, such as:

The undercrossing will enhance safety and reduce congestion at a busy intersection by providing an alternate route for bicyclists and pedestrians to traverse between downtown, Lewis and Clark Festival Park, and the riverfront trail system. In addition to facilitating commuting and recreating via alternative means of transportation ... create a unique feature for our community, and enhance livability.

. .. non-motorized commuting and recreating has not reached its full potential on account of rail (24-36 trains/day) and car traffic at the four-way intersection.

The undercrossing will serve as the multimodal interchange for non-motorized traffic by creating a seamless connection between the riverfront trail, Festival Park, and downtown beneath 1st St. and the railroad

.. .the undercrossing offers a safe corridor for directing the flow of the expanding number of bicyclists and pedestrians traveling between the riverfront trail, marine terminal, Festival Park, and downtown while alleviating congestion at Union and 1sf and along Highway 30.

Without the concern of crossing the tracks and intersection, residents, visitors, and multimodal commuters can more freely access the downtown, places of employment, and shopping from the extreme eastern and western edges of our communities and vice versa .

. . .the solution will provide a smooth path to Festival Park and the riverfront trail thereby promoting use of these amenities by those with accessibility needs.

. . .undercrossing solution will alleviate motorized traffic on our roads including Highway 30, which serves as the primary thoroughfare through our downtown. In particular, this solution will complete a seamless linkage between downtown shopping and community spaces and the 10-mile-long riverfront trail. In turn, the undercrossing will contribute to an expanded multimodal system as the City is also working on development of a trail system in the Mill Creek Greenway.

.. .the Washington St. Undercrossing will expand mobility for all transportation system users and effectuate a more balanced, efficient, cost-effective, and integrated multimodal transportation system. Page 2 of 2 City of The Dalles

Currently, the only bicycle/pedestrian connection from our downtown and core residential area to the , marine terminal, and riverfront trail is over an at-grade, extremely busy railroad crossing at the equally busy Union and 1st St. intersection. The new railroad undercrossing will create safe access for pedestrians and bicyclists, particularly during large festivals and when cruise ships dock at our marine terminal.

As this multimodal transp01tation system will reach the far ends of our community and deep into our central residential core, large segments of the community, and all visitors to The Dalles, will benefit from this solution because they can now reach home, work, attractions, shopping, and community events in the Festival Park without the use of a car.

On September 11 111 we also discussed a scope change concept to focus on a sky bridge within a new proposed parking garage, which would clearly not meet the railroad undercrossing purpose and goals narrative as highlighted above, and in essence constitutes the elimination of the project as described in the Enhance Application. Therefore, if the City moves forward with the proposed change to eliminate the Railroad Undercrossing, the Enhance funding will no longer apply and must be withdrawn.

At the same time, if the City were interested in moving forward with the originally approved Scope of a railroad undercrossing for the project, you have identified a -$1 Million shortfall for achieving it, and you will unlikely be able to secure funds for the increase. I also understand from our discussion with Nolan that there are other cost and risk issues, particularly regarding potentially unknown environmental impacts. I would expect that your targeted November 9111 City Council decision will address these issues, and if the City wishes to continue forward with the originally approved scope, we will need to have clarity and surety on additional funding source(s) for the -$1 M needed, and how the potential environmental issues will be resolved.

Also I understand there are other funding sources (including federal funds that would be administered tln·ough ODOT Region 4) and scope elements of a larger project (besides just the unclercrossing) for the Washington ·street area that may move forward regardless of the Railroad Undercrossing decision, and would appreciate an opportunity for both Darrell Newton and I to gain an update and clarify our roles with the City.

Regarding your note about the potential of shifting the $l.35M from the Railroad Undercrossing project to the City's 6111 Street project (for which the City had also completed an Enhance Application), similar to the discussion I've provided above, the 6111 Street Project has a completely different Purpose and Goals than the Railroad Undercrossing project. This difference was ref1ected in the outcome of the Lower John Day Area Commission on Transportation (LJDACT) prioritization of the 2015-18 Enhance Applications, which shows the 111 1 6 Street Project as ranked last (9 h out of9 applications), where the Washington Street project ranked 2"<1. Therefore it would not make sense to transfer the $1.35 M between these two projects.

Please let me !mow if you have any follow-up questions, and I would be very happy to meet to discuss, along with you and Darrell and others as you would. Thank you. &J!---LSincerely, Area Manager, ODOT Region 4 (541) 388-6071 ODOT Region 4 CITY of THE DALLES 313 COURT STREET THE DALLES, OREGON 97058

(541) 296-5481 FAX (541) 296-6906

AGENDA STAFF REPORT CITY OF THE DALLES

MEETING DATE AGENDA LOCATION AGENDA REPORT#

November 9, 2015 Discussion Items 14, A

TO: Honorable Mayor and City Council

FROM: Daniel Hunter, Project Coordinator

DATE: October 28, 2015

ISSUE: Restaurant Sewer Rates

BACKGROUND: Council has asked staff to review the current rate structure for restaurants and recommend alternatives. To provide you with any rate structure that showed actual comparisons of charges is highly problematic. Our current software does not allow us to gather data by commercial class. To get this information would require substantial staff time and material to print annual summaries for each restaurant in The Dalles. The options provided here are examples of alternatives. How they would affect a specific customer is unknown at this point. Currently, our restaurant sewer rate is based on seating. This is not dissimilar to other communities as noted in the report provided to you June 23'd (attached). Any alternative billing method would need to evaluate whether the total revenue for the restaurant class remains neutral. If the total revenue by this class declines, other classes would be subsidizing the restaurant class. As noted above, our current software does not allow us to generate a report that would provide this data. It is impot1ant to consider during this process that restaurant sewer is the highest strength of any commercial user. The National Average for comparison is restaurant Biochemical Oxygen Demand (BOD is five times that of a General Commercial customers. This adds costs to treatment. Using metered water flow, while it seems like the logical option comes with other difficulties. Those customers who are not on City water would need to provide us with

ASR: July 10,2006 Page I of2 their water flow monthly. Staff would then have to enter that data manually, adding to cost. Some customers have one meter yet have several commercial class operations using that water and sewer service. One example is a hotel that also has a lounge and restaurant. The hotel also has a swimming pool. With all of these operations using the same meter precludes assessing sewer rates based on metered water flow by business class. Provided below are a few alternatives that could be used pending further detail on how they affect total revenue, and how restaurants within the class would be affected.

OPTIONS FOR CONSIDERATION:

Option 1. Maintain current rate structure and re-evaluate after sufficient data has been obtained using new software.

Option 2. Using the same seating equation we could devise an alternate rate structure that includes an hours of operation component. This would mean, restaurants that are open for twenty-four hours a day would see their rates increase; while those that are open only a few hours a day would see their rates decline.

Option 3. We could base restaurant sewer rates on building square footage. This would result in a similar rate structure to that currently used.

Option 4. We could base rates on meter water flow. Obtain and manually enter water use by customers' not on city sewer and devise an alternate billing method for multiple use classes on one meter.

COUNCIL ALTERNATIVES:

1. Staff Recommendation: Move to direct City Manager to re-assess restaurant sewer rates for restaurants once sufficient data It as been obtained using new finance software. 2. Move to direct City Manager to reassess restaurant sewer rates for restaurants using available data. Devise a rate structure that includes seating and hours of operations for restaurant sewer customers. 3. Move to direct City Manager to reassess restaurant sewer rates for restaurants. Establish a new rate for restaurant sewer customers based on facility square footage. 4. Move to direct City Manager to reassess restaurant sewer rates for restaurants. Establish a new rate for restaurant sewer customers using available metered water use and develop an alternate billing method where that data is not available. CITY of THE DALLES 313 COURT STREET THE DALLES, OREGON 97058

(541) 296-5481 FAX (541) 296-6906

MEMORANDUM

TO: Honorable Mayor and City Council

FROM: Daniel Hunter, Administrative Fellow

THRU: Nolan K. Young, City Manager

DATE: June 23, 2015

ISSUE: Sanitary Sewer Charges for Restaurants

The City of The Dalles currently charges commercial wastewater fees based on the use of the facility. For restaurants the cost is one unit ($46.32/month) per I 0 seats. A couple of local restaurants have expressed concern about this charge. One particular restaurant only serves the dinner hour five days a week and feels it is inequitable that they pay the same charge as a restaurant with longer hours, some as much as 24 hours a day 7 days a week. The other was concerned they were paying for banquet space that is used infrequently. There have also been some that express a concern that this particular amount of charge may place an unfair burden on current and create an obstacle for future restaurant establishments. City staff has done a general search to identify what other communities are charging. The results of that effort are listed below on Table I. TABLE I

Restaurant Sewer Charges City Method of Charging The Dalles 1 unit per 10 seats Madras 1 unit per 17 seat/plus 1 unit per 10 employees North Clackamas Sewer District 1 unit per 10 seats Troutdale 1-2 units per 10 seats Hood River size of water meter Coos Bay Based on amount of monthly water usage Hermiston Based on 4 month winter consumption of water Pendleton Base on water metered usage Redmond Based on 4 month winter consumption of water

Page I of2 The type of charge seems to fall into three categories. I) based on the type of commercial business 2) size of water meter 3) some calculation of water consumption

The current list of charges for commercial businesses has been used for decades. If the Council wishes to revisit this issue we would want to make sure any changes wouldn't have a large impact on the overall revenue of the wastewater fund which has an established rate to handle the utility operational needs and identified future capital improvement projects.

Please let us know if you would like this placed on the agenda as a discussion item after the August break. Also, please let us know if you would like additional information on this issue.

Page 2 of2