August 11, 2025 agenda ANK
YOR
CITY OF WOODBURN FRVO,COUNCILO WARD
ORLANDO BRAVO,COUNCILOR WARD 1
MARK WILK,COUNCILOR WARD II
CITY COUNCIL AGENDA JEN CANTU,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
AUGUST 11, 2025 - 7:00 P.M. ALMA GRIJALVA,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Woodburn Fiesta Mexicana - We hope you join us at Legion Park on
August 15th-17th.
Event Features 60+ Vendors, Soccer Tournament, Parade, Lucha
Libre, Loteria, Live Music & Performances, Carnival... and more!
Friday is Free all day. Saturday and Sunday are Free until 5:00 p.m.
There will be a $5 entry fee after 5:00 p.m. for those 10 and older.
B. Aquatic Center Event and Closure
• Waves of Change Event
Saturday, August 23, 2025, from 10:00 a.m. - 2:00 p.m.
■ Games
■ Food and Fun
• Aquatic Center Closure
Sunday, August 31, 2025, will be the last day of operations at
the Aquatic Center; Hours: 12:00 p.m. - 5:00 p.m.
Appointments:
None.
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318 at least 24 hours prior to this meeting.
**Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980-2485.**
August 11, 2025 Council Agenda Page i
Presentations:
A. City Council Traffic Safety Goal Update
6. COMMUNICATIONS
None.
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
8. CONSENT AGENDA -Items listed on the consent agenda are considered routine
and may be adopted by one motion. Any item may be removed for discussion
at the request of a Council member.
A. Woodburn City Council minutes of July 29, 2025 1
Recommended Action: Approve the minutes.
B. New Development Activity for July 2025 5
Recommended Action: Receive the report.
C. Appointment of Administrator Pro Tern 6
Recommended Action: Appoint Assistant City Administrator Jim
Row as Administrator Pro Tern for the period of August 28, 2025,
through September 9, 2025.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
A. Updated Parks and Recreation System Development Charges 7
Methodology
Recommended Action: Conduct a public hearing.
11. GENERAL BUSINESS - Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City Recorder
prior to commencing this portion of the Council's agenda. Comment time may
be limited by Mayoral prerogative.
A. Council Bill No. 3284 - An Ordinance Amending and Repealing 35
Sections of Ordinance 2250 (The Parks and Recreation System
Development Charges Ordinance) Based Upon a New Methodology
Report Dated March 2025 and Setting an Effective Date
Recommended Action: Adopt the ordinance.
August 11, 2025 Council Agenda Page ii
B. Council Bill No. 3285 - A Resolution Setting Amount of the Parks and 37
Recreation System Development Charges Pursuant to Recently
Updated Methodology; and Setting an Effective Date for Imposition of
the Fees and Charges.
Recommended Action: Approve the Resolution.
C. Council Bill No.3286 -A Resolution Referring to the Electors of the City 40
of Woodburn the Question of Amending the City of Woodburn Charter;
Adopting a Ballot Title and Explanatory Statement; and Authorizing all
Steps Necessary to Effectuate this Resolution
Recommended Action: Adopt a Resolution referring to the voters of
the City of Woodburn, as part of the November 2025 regular election,
a ballot measure for proposed amendments to the City of Woodburn
Charter.
D. National Opioid Litigation - Participation in Purdue Pharma and 61
Sackler Family Settlement and Second-Tier Manufacturer Settlement
Recommended Action: Approve the City's participation in- and
authorize the City Administrator to sign participation forms and
associated releases for the Purdue Pharma and Sackler Family
settlement and the Second-Tier Manufacturer Settlement as part of
the National Opioid Litigation Settlement process.
E. Award a Contract for Preliminary Design for the Evergreen Road Inter- 68
section Improvements at Stacy Allison Way, W Hayes Street, and Har-
vard Drive Project to Harper Houf Peterson Righellis Inc (HHPR).
Recommended Action: Award a contract for Preliminary design work
for the Evergreen Road Intersection Improvements to Stacy Allison
Way, W Hayes Street, and Harvard Drive project to Harper Houf
Peterson Righellis Inc. (HHPR) in the amount of $271 ,770.70 and
authorize the City Administrator to sign the contract.
F. Modification of Award Amount of Construction Contract for the 2025 70
Pavement Maintenance Project
Recommended Action: Modify the award amount for the
construction contract for the 2025 Pavement Maintenance Project to
the lowest responsible bidder, Knife River Corporation Northwest, in
the amount of $449,052.00 and approve an additional $60,000 for this
project as a contingency for potential change orders that may arise
during construction.
G. Leasing Specialists, I.I.C. Contract Award 72
Recommended Action: Award a police vehicle contract in the
August 11, 2025 Council Agenda Page iii
amount of $179,476.00 (Total estimated contract price over the next
four years) to Leasing Specialists, LLC., with an additional contingency
of $20,000 authorized to account for increases in the final outfitting
costs and financing of the vehicles, and authorize the City
Administrator or his designee to sign the lease agreement.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
None.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. EXECUTIVE SESSION
A. To conduct deliberations with persons designated by the governing body
to negotiate real property transactions pursuant to ORS 192.660(2)(e).
16. ADJOURNMENT
August 11, 2025 Council Agenda Page iv
COUNCIL MEETING MINUTES
JULY 29, 2025
DATE LIBRARY SQUARE, 280 GARFIELD STREET, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JLTLY 29, 2025
CONVENED The meeting convened at 6:01 p.m. with Mayor Lonergan presiding.
ROLL CALL
Mayor Lonergan Present
Councilor Cantu Present
Councilor Cornwell Present
Councilor Schaub Present
Councilor Bravo Present
Councilor Grijalva Present
Councilor Wilk Present
Staff Present: City Administrator Derickson, City Attorney Granum, Assistant City Administrator
Row, Special Projects Director Wakely, Community Development Director Kerr, Community Services
Director Cuomo, Police Chief Millican, Deputy Police Chief Shadrin, Public Works Director Stultz,
Senior Planner Handel, Community Relations Manager Herrera, Public Affairs and Communication
Manager Guerrero, City Recorder Pierson
ANNOUNCEMENTS
Mayor Lonergan made the following announcements:
• Community Connections Day will take place at Legion Park on August 2, 2025, from
10:00 a.m. to 2:00 p.m.
• National Night Out is August 5,2025, and there are 20 different block parties registered.
• The Fiesta Mexicana Court Coronation and Show n' Shine Car Show will take place
August 8,2025,from 4:00 p.m.-7:30 p.m. at the Downtown Plaza. Meet the Fiesta Court
and watch the crowning of the queen. The following members of the Fiesta Court
AndreAna Lopez-Ruiz, Andrea Vasquez Eugenio, Karen Capetillo, and Ariel Zurita
Mendoza. introduced themselves and shared their reasons for joining the court.
APPOINTMENT
Motion: Schaub/Cornwell... appoint Cristal Ramos to the Woodburn Library Board.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Bravo, Grijalva, and
Cantu voting "aye." [6-0]
PRESENTATION
Nancy Kirksey Award—Mayor Lonergan presented Luis Molina with the Nancy Kirksey Award and
added that this award goes to honor those that make a difference in the community. Fire Chief Walker
thanked Luis Molina on behalf of the Woodburn Fire District for all he does not only for them but for
the entire community. Police Chief Millican congratulated Luis Molina on receiving this award and
thanked him for all he has done for the police department and the community. City Administrator
Page 1 - Council Meeting Minutes, July 29, 2025
1
COUNCIL MEETING MINUTES
JULY 29, 2025
Derickson stated that Luis Molina is a man who lives by his faith and consistently supports the
community, emphasizing his significance both personally and to the community as a whole.
Mary Tennant Award- City Administrator Derickson presented Public Works Director Curtis Stultz
with the Mary Tennant Award. He stated that Curtis has been with the City for many years, serving in
various roles before becoming the Public Works Director. In addition to his official duties, Curtis has
also contributed significantly to the City through his involvement outside of work.
Curtis expressed his gratitude for the honor, stating that he could not have achieved it without the
support of his family and the other employees at the City.
Recognition and thanks to Representative Munoz—Mayor Lonergan recognized Representative Munoz
and thanked her for her efforts in getting $2 million to help update Settlemier Park as well as her help
in getting funding for Mid-Willamette Valley Community in Actions HeadStart Project. Eva with Mid-
Willamette Valley Community in Action HeadStart, thanked Representative Munoz for helping get
$950,000 in funding to help with old building.
Police Department Community Member Recognition_ — Police Chief Millican acknowledged the
commendable actions of Gary Lee Bishop Jr., whose selfless conduct and courage significantly
contributed to ensuring the safety of the community. In recognition of his exemplary service, Gary Lee
Bishop Jr. was awarded the Woodburn Police Department Certificate of Appreciation.
Recognition of Public Works Employee Receiving Certifications — Public Works Director Stultz
recognized the following employees: Jeff Baker, Heath Harmon and Roy Ramirez for earning their
Right of Way Public Pesticide Applicator Licenses from the Oregon Department of Agriculture; Mike
Avgi for obtaining his Wastewater Treatment Operator 1 certification; Jordan Garner for obtaining his
Wastewater Treatment Operator 2 certification; and Yobani Lopez for passing his Wastewater
Collection Operator 1 exam.
Oregon Building Officials Association - Building Inspector of the Year— Chris Kerr recognized that
Brian Pascoe received the Building Inspector of the Year honor from the Oregon Building Officials
Association.
Key to the City Mayor Lonergan presented a Key to the City to Isabella Baldesseri in recognition of
her many accomplishments, including her recent achievement of becoming Key Club International
President. Sharon Schmidt spoke about Isabella's numerous achievements and the positive impact she
has made. John Zobrist noted that Isabella had served as an intern for the Woodburn Chamber of
Commerce and expressed how impressed he was with her abilities. Isabella thanked the Woodburn
Kiwanis, French Prairie Kiwanis, and the Woodburn community for their ongoing support.
CONSENT AGENDA
A. Woodburn City Council minutes of July 14, 2025,
B. Woodburn City Council Executive Session minutes of July 14, 2025,
C. New Development Activity for June 2025,
D. Traffic Photo Enforcement Quarterly Report,
E. Traffic Photo Enforcement Report for April - June 2025.
Page 2 - Council Meeting Minutes, July 29, 2025
2
COUNCIL MEETING MINUTES
JULY 29, 2025
Motion: Schaub/Cantu... approve the consent agenda as presented.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Bravo, Grijalva, and
Cantu voting "aye." [6-0]
PUBLIC HEARINGS
Community Development Block Grant - CDBG CV for Non-construction Projects: AWARE Food
Bank—Food Assistance Program
Mayor Lonergan opened the hearing at 6:45 p.m. for the purpose of hearing public input on the
Community Development Block Grant - CDBG CV for Non-construction Projects: AWARE Food
Bank—Food Assistance Program. Economic Development Director Johnk provided a staff report. No
members of the public wished to speak in either support or opposition on the Community Development
Block Grant - CDBG CV for Non-construction Projects: AWARE Food Bank — Food Assistance
Program. Mayor Lonergan closed the hearing at 6:49 p.m.
Mayor Lonergan called for a roll call vote authorizing the City Administrator to execute any and all
documents related to the grant application and to effectuate an award of the grant.
The item passed with the following vote: Councilors Schaub, Cornwell, Wilk, Bravo, Grijalva, and
Cantu voting "aye." [6-0]
COMMUNITY PROJECT GRANT AGREEMENT FOR LIBERTY HOUSE
City Administrator Derickson provided a staff report. Alison Kelley, Chief Executive Officer with
Liberty House, provided information on their services and added that they are honored to be in the
Woodburn community.
Motion: Schaub/Grijalva... authorize the City Administrator to enter into a Community Project Grant
Agreement in the amount of$5,000 annually for five (5)years for fiscal years 2025-26 through 2030-
31 for services provided to Woodburn and residents.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Wilk, Bravo, Grijalva, and
Cantu voting "aye." [6-0]
COUNCIL BRIEFING OF PLANNING COMMISSION APPROVAL OF A 4-LOT
SUBDIVISION APPLICATION AT TAX LOT 051W08CCO6100
The City Council declined to call this item up.
ADJOURNMENT
Motion: Cornwell/Bravo... move to adjourn.
The Motion passed with the following vote: Councilors Schaub, Cornwell, Bravo, Wilk, Grijalva, and
Page 3 - Council Meeting Minutes, July 29, 2025
3
COUNCIL MEETING MINUTES
JULY 29, 2025
Cantu voting "aye." [6-0]
Mayor Lonergan adjourned the meeting at 6:53 p.m.
APPROVED
FRANK LONERGAN, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 4 - Council Meeting Minutes, July 29, 2025
4
City of Woodburn New Development Activity
J u ly-'25
New
Single
Family Residential New
Total Home Building Permit Commercial Building Total Permit Housing
Month Permits Permits Valuation Permit Valuation Valuation Units
July'19 53 6 $ 1,495,627 $ 656,282 $ 2,701,360 6
Ju1y'20 52 6 $ 1,246,719 $ 2,321,000 $ 4,797,097 6
July'21 109 32 $ 9,644,257 $ 4,358,664 $ 14,293,454 56
Ju1y'22 75 0 $ 758,772 $ 544,600 $ 2,985,760 0
Ju1y'23 64 0 $ 128,618 $ 14,929,894 $ 15,513,659 72
Ju1y'24 118 47 $15,163,916 $ 3,191,600 $ 18,782,151 71
July'25 50 12 $ 4,561,216 $ 3,685,910 $ 8,486,680 12
Fiscal Year Totals(July)
2019-2020 53 6 $ 1,495,627 $ 656,282 $ 2,701,360 6
2020-2021 52 6 $ 1,246,719 $ 2,321,000 $ 4,797,097 6
2021-2022 109 32 $ 9,644,257 $ 4,358,664 $ 14,293,454 56
2022-2023 75 0 $ 758,772 $ 544,600 $ 2,985,760 0
2023-2024 64 0 $ 128,618 $ 14,929,894 $ 15,513,659 72
2024-2025 1 118 47 $15,163,916 $ 3,191,600 $ 18,782,151 71
2025-2026 1 50 12 $ 4,561,216 1 $ 3,685,910 1 $ 8,486,680 1 12
J lly New Housing Ulnits
80
72 7'1.
70
60 56
=sty
40
30
20
1,2
10 6 6
0 MM MO 0
201 r9-2020 2020 2021 2021-2022 2022-2023 2023 2024 2024 2025 2025-2025f
July Total Permits
140
120 '.1.09
100
80 5
6
Fitt 53 52 56
40
20
0
2019-2020 2020-2021 2021-2022 2022-2023 2023 2124 2024-2025 2025-2026
5
4?4
�i �" Ag4,-.44 fun.-
WWODBURN
In orarn reA 188
August 11, 2025
TO: Honorable Mayor and City Council
FROM: Scott C. Derickson, City Administrator
SUBJECT: Appointment of Administrator Pro Tern
RECOMMENDATION:
Appoint Assistant City Administrator Jim Row as Administrator Pro Tern for the
period of August 28, 2025, through September 9, 2025.
BACKGROUND:
Pursuant to Section 21 (e) of the Woodburn Charter, the City Council shall
appoint an Administrator Pro Tern as appropriate. Assistant City Administrator
Jim Row has agreed to serve in this Pro Tern capacity from December 25, 2023
through January 24, 2024, unless terminated earlier at the discretion of the
Mayor. The Pro Tern Administrator shall possess the powers and duties of the
Administrator, as limited by the Charter.
FINANCIAL IMPACT:
There is no financial impact associated with the recommended action.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x
6
WTOODBURN
Ig i�e� Its
Inc orpora teA 1889
August 11, 2025
TO: Honorable Mayor and City Council through City Administrator
FROM: Jesse Cuomo, Community Services Director
SUBJECT: Public Hearing, Ordinance Amendment, and Resolution to adopt an
updated Parks and Recreation System Development Charges (SDC)
Methodology and approve new SDC Fees
RECOMMENDATION:
Conduct a public hearing and enact an ordinance amending Ordinance 2250
(The Parks and Recreation Systems Development Charges Methodology
Ordinance) and approve a Resolution adopting new Parks and Recreation
Systems Development Charges (SDCs), effective September 15, 2025.
BACKGROUND:
SDC legislation was first adopted by the State of Oregon in 1989. SDCs are fees
that are charged to developers to fund the expansion of infrastructure for parks,
streets, water, wastewater, or storm water management systems. By statute,
SDCs can only be utilized to fund projects that add capacity to the system. These
funds are not allowed for ongoing maintenance. The City of Woodburn has
collected and utilized parks and recreation SDCs since 1992. The park's SDC
methodology was most recently updated in 2016, following an update to the
Parks and Recreation Master Plan in 2009.
The Parks and Recreation Master Plan was updated again in 2024, the City has
chosen to also update its park's SDC methodology to correspond with the
Capital Improvement Plan (CIP) identified by the updated park master plan.
DISCUSSION:
Although the current SDC methodology allows for an annual adjustment based
on the Engineering News Record (ENR) Northwest (Seattle, Washington)
Construction Cost Index, then adopted by the City Council. The current Park SDC
methodology does not account for the cost of new projects that were not
included in the 2016 Park CIP list. The SDC methodology that the Council is asked
to consider adopting uses the CIP that was approved by the Recreation and
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_
7
Honorable Mayor and City Council
August 11, 2025
Page 2
Parks Board and adopted by the City Council as part of the 2024 Park Master
Plan.
State law has strict provisions that require a city to develop a formula, or
"methodology", which takes into account the value of existing or planned
capacity in the infrastructure system to serve new development. Oregon law
allows for both a "reimbursement fee" and an "improvement fee." A
"reimbursement fee" is based on the value of available reserve capacity for
capital improvements already constructed or under construction. The
methodology must consider the cost of existing facilities, prior contributions by
existing users, the value of unused capacity, grants, and other relevant factors.
The improvement fee is designed to recover all or a portion of the costs
of planned capital improvements that add system capacity to serve future
development. The methodology must be designed in a manner that SDCs will not
exceed the growth-related costs from the CIP.
The ordinance presented for your consideration amends Ordinance 2250 (the
Parks and Recreation SDC Ordinance) to do the following:
• Adopts an updated Methodology Report dated March 2025 as the
statutory basis for increasing any SDCs.
• Maintains the language to require that the City Council approve annual
rate adjustments, as opposed to them being authorized solely by the City
Administrator.
The resolution presented for your consideration adopts and implements the new
SDC fees based upon the updated Methodology, effective September 15, 2025.
FINANCIAL IMPACT:
The $24,450 cost to update the Parks SDC Methodology is funded by the Parks
SDC Fund.
The current residential SDCs are $4,647 (all housing types), and non-residential
SDCs are $184 per employee. It is proposed that the residential SDC be increased
to $7,658 for all housing types. The non-residential SDC will increase from $184 per
employee to $241 per employee. The increased revenues expected to result
from the updated methodology and resulting fees are currently unknown.
Attachments:
8
Honorable Mayor and City Council
August 11, 2025
Page 3
March 2025 Parks and Recreation SDC Methodology Update
9
Presented by: March
D 0 N 0 V A N 2025
enterprises, inn.
Parks SDC
Methodology Final Report
Update
Donovan Enterprises, Inc.
Prepared for: 9600 SW Oak Street, Suite 335
Tigard, Oregon 97223-6596
503.517.0671
WOODBURN
ii r iw ff, d
Copyright 0 Donovan Enterprises, Inc., all rights reserved 11 k Printed on Recycled Paper
10
2025 Parks SDC Update
OODBU N
Table of Contents
Introduction/History of the Project..............................................................................................................1
Analytical Process for the Updates...............................................................................................................1
SDC Legal Authorization and Background.....................................................................................................3
ReimbursementFee..................................................................................................................................4
ImprovementFee......................................................................................................................................4
Process for the Granting of Credits, Discounts, and Exemptions.............................................................7
SDCCredits Policy.................................................................................................................................7
SDCDiscount Policy ..............................................................................................................................8
Partial and Full SDC Exemption.............................................................................................................9
ParksSDCs...................................................................................................................................................10
Methodology...........................................................................................................................................10
Current and Future Demand for Parks and Recreation Services............................................................10
The 2024 Parks Master Plan Levels of Service and Capacity Analysis ....................................................11
Costs........................................................................................................................................................14
Proposed Schedule of Parks SDCs...............................................................................................................19
UnitCosts................................................................................................................................................19
Scheduleof Parks SDCs...........................................................................................................................20
Neighboring Communities' Parks SDCs.......................................................................................................21
Appendix A—Residential/Non-Residential Demand Analysis....................................................................22
City of Woodburn Parks SDC Methodology Update Table of Contents
11
Introduction/History of the Project
The City of Woodburn conducts periodic updates to its Comprehensive Plan and its various Public Facility
Plans to provide orderly and sustainable growth of municipal infrastructure. A key component to funding
these public facilities is the system development charge (SDC) program. SDCs are one-time charges for
new development—designed to recover the costs of infrastructure capacity needed to serve new
development. This section describes the policy context and project scope upon which the body of this
report is based. It concludes with a numeric overview of the calculations presented in subsequent sections
of this report for parks SDCs.
The city's current schedule of parks SDCs were last reviewed and adopted by the City Council in August
2016. In October 2024,the City hired Donovan Enterprises, Inc. to review and update the SDC. With this
review and update, the City has stated a number of objectives:
• Review the basis for charges to ensure consistency with the City's proposed parks SDC
methodology;
• Address specific policy, administrative, and technical issues which had arisen from application of
the existing SDCs;
• Determine the most appropriate and defensible fees,ensuring that development is paying its way;
• Consider possible revisions to the structure or basis of the charges which might improve equity or
proportionality to demand;
• Provide clear, orderly documentation of the assumptions and results, so that City staff could, by
reference, respond to questions or concerns from the public.
This report provides the documentation of that effort and was done in close coordination with City staff
and available facilities planning documents. The SDC updates comply with Woodburn Ordinance No. 2250
(Parks and Recreation SDC Methodology enabling ordinance).
Table 1 gives a component breakdown for the current and proposed SDCs for parks.
Table 1 -Component Breakdown of the Proposed Parks SDCs
Parks SDC Components Proposed Current Difference
Residential per dwelling unit:
Reimbursement fee $ 1,003 $ 570 $ 433
Improvementfee 6,655 4,077 2,578
Subtotal residential $ 7,658 $ 4,647 $ 3,011
Commercial per FTE employee:
Reimbursement fee $ 32 $ 22 $ 10
Improvementfee 209 162 47
Subtotal residential $ 241 $ 184 $ 57
Analytical Process for the Updates
The essential ingredient in the development and calculation of an SDC is valid sources of data. For this
project,the consultant team has relied on a number of data sources. The primary sources have been the
newly formulated and adopted parks and recreation master plan. On February 12, 2024, the City Council
City of Woodburn Parks SDC Methodology Update Page 1
12
adopted this plan via Legislative Amendment 23-04. We have supplemented this data source with City
planning department records, certified census data, and other documents that we deemed helpful,
accurate, and relevant to this study. Table 2 contains a bibliography of the key documents/sources that
we relied upon to facilitate our analysis and hence the resulting SDCs.
Table 2-Data Sources for the Calculation of Parks SDCs
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r �r err , rrr< �r rrrr�rrr rrr �r rr�rr,�� rrrr �y ,,,ir rrrrr r r rrrrrrr rr ���
L
Il l 1
J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1J1��r��r»1C»»��l»�f»»�ll���rrr��1»>f��11�11f»»f�»>f�»»�»>f�111�11»�r»»>�»ll»�>»>��r��1�1»»11�,,,1�,,,,,�,,,1,111�,1,,,�,,,11�,,,,1,,,,�1�,1;�„�„f,,,,���,,,,,�„�,�,%,�1�1��,,,�1���,;,,,�,,,1f1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1�1
• City of Woodburn Parks and Recreation Master Plan; Conservation Technix, Inc.;January 2024
• City of Woodburn Comprehensive Annual Financial Report for the Fiscal Year Ended June 30,2023
• City of Woodburn Park System Fixed Asset Schedule;June 30, 2023; City Records
• City of Woodburn Parks System Construction Work in Progress Balances Work Papers; June 30,
2023; City Records
• City of Woodburn Housing Needs Analysis 2019; Ordinance No. 2576
• City of Woodburn Ordinance No. 2250 (Parks SDC methodology)
• U.S. Census American Community Survey:
DP03—Selected Economic DP04 — Selected Housing DP05 — ACS Demographic
Characteristics Characteristics and Housing Estimates
B08008 — Sex of Workers B25024 — Dwelling Units B25033 — Total Population
by Place of Work in Building Structures in Occupied Housing Units
S0101 — Age and Sex of �
Population
• City of Woodburn Economic Opportunities Analysis;January 2024; Ordinance No. 2619
• Portland State University, Population Research Center
• City of Woodburn Buildable Lands Inventory 2023-2043;
City of Woodburn Parks SDC Methodology Update Page 2
13
The data sources shown in Table 2 were used to formulate the two (2) components of the parks SDCs.
These components are the reimbursement and improvement fees. The City has been constructing the
SDCs with these two components for over twenty years, and our analysis does not propose changing that
methodology. A brief definition of the two components are:
• The reimbursement fee considers the cost of existing facilities, prior contributions by existing users
of those facilities,the value of the unused/available capacity, and generally accepted ratemaking
principles. The objective is future system users contribute no more than an equitable share to
the cost of existing facilities. The reimbursement fee can be spent on capital costs or debt service
related to the systems for which the SDC is applied.
• The improvement fee portion of the SDC is based on the cost of planned future facilities that
expand the system's capacity to accommodate growth or increase its level of performance. In
developing an analysis of the improvement portion of the fee, each project in the respective
service's capital improvement plan is evaluated to exclude costs related to correcting existing
system deficiencies or upgrading for historical lack of capacity. An example is a facility which
improves system capacity to better serve current customers/park patrons. The costs for this type
of project must be eliminated from the improvement fee calculation. Only capacity
increasing/level of performance costs provide the basis for the SDC calculation. The improvement
SDC is calculated as a function of the estimated number of additional equivalent residential units
to be served by the City's facilities over the planning period. Such a fee represents the greatest
potential for future SDC changes. The improvement fee must also provide a credit for
construction of a qualified public improvement.
SDC Legal Authorization and Background
SDCs are authorized by Oregon Revised Statute(ORS) 223.297-314. The statute is specific in its definition
of system development charges, their application, and their accounting. In general, an SDC is a one-time
fee imposed on new development or expansion of existing development and assessed at the time of
development approval or increased usage of the system. Overall, the statute is intended to promote
equity between new and existing customers by recovering a proportionate share of the cost of existing
and planned/future capital facilities that serve the developing property. Statute further provides the
framework for the development and imposition of SDCs and establishes that SDC receipts may only be
used for capital improvements and/or related debt service.
Finally, two cost basis adjustments are potentially applicable to both reimbursement and improvement
fees: fund balance and compliance costs. In this study, the project team paid attention to this detail to
align future infrastructure costs to those responsible for paying those costs. The reasons for this attention
is as follows:
• Fund Balances-To the extent that SDC revenue is currently available in fund balance,that revenue
should be deducted from its corresponding cost basis. For example, if the city has park
improvement fees that it has collected but not spent, then those unspent improvement fees
should be deducted from the park system's improvement fee cost basis to prevent charging twice
for the same capacity.
• Compliance Costs-ORS 223.307(5)authorizes the expenditure of SDCs on "the costs of complying
with the provisions of ORS 223.297 to 223.314, including the costs of developing system
development charge methodologies and providing an annual accounting of system development
City of Woodburn Parks SDC Methodology Update Page 3
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charge expenditures." To avoid spending monies for compliance that might otherwise have been
spent on growth-related projects,this report includes an estimate of compliance costs in its SDCs.
Reimbursement Fee
The reimbursement fee represents a buy-in to the cost, or value, of infrastructure capacity within the
existing system. Generally, if a system were adequately sized for future growth, the reimbursement fee
might be the only charge imposed, since the new customer would be buying existing capacity. However,
staged system expansion is needed, and an improvement fee is imposed to allocate those growth related
costs. Even in those cases, the new customer also relies on capacity within the existing system, and a
reimbursement component is warranted.
In order to determine an equitable reimbursement fee to be used in conjunction with an improvement
fee,two points should be highlighted. First,the cost of the system to the City's customers may be far less
than the total plant-in-service value. This is due to the fact that elements of the existing system may have
been contributed,whether from developers,governmental grants, and other sources. Therefore,the net
investment by the customer/owners is less. Second, the value of the existing system to a new customer
is less than the value to an existing customer, since the new customer must also pay, through an
improvement fee, for expansion of some portions of the system.
The method used for determining the reimbursement fee accounts for both of these points. First, the
charge is based on the net investment in the system, rather than the gross cost. Therefore, donated
facilities, typically including local facilities, and grant-funded facilities, would be excluded from the cost
basis. Also, the charge should be based on investments clearly made by the current users of the system,
and not already supported by new customers. Tax supported activities fail this test since funding sources
have historically been from general revenues, or from revenues which emanate, at least in part, from the
properties now developing. Second, the cost basis is allocated between used and unused capacity, and,
capacity available to serve growth. In the absence of a detailed asset by asset analysis, it is appropriate
to allocate the cost of existing facilities between used and available capacity proportionally based on the
forecasted population growth as converted to equivalent dwelling units over the planning period. This
approach reflects the philosophy, consistent with the City's Updated Master Plans, that facilities have
been sized to meet the demands of the customer base within the established planning period.
Improvement Fee
There are three basic approaches used to develop improvement fee SDCs: "standards driven,"
"improvements-driven," and "combination/hybrid" approaches. The "standards-driven" approach is
based on the application of Level of Service (LOS) standards for facilities. Facility needs are determined
by applying the LOS standards to projected future demand, as applicable. SDC-eligible amounts are
calculated based on the costs of facilities needed to serve growth. This approach works best where level
of service standards have been adopted but no specific list of projects is available. The "improvements-
driven" approach is based on a specific list of planned capacity increasing capital improvements. The
portion of each project that is attributable to growth is determined, and the SDC-eligible costs are
calculated by dividing the total costs of growth-required projects by the projected increase in projected
future demand, as applicable. This approach works best where a detailed master plan or project list is
available, and the benefits of projects can be readily apportioned between growth and current users.
Finally, the combination/hybrid-approach includes elements of both the "improvements driven" and
"standards-driven" approaches. Level of Service standards may be used to create a list of planned
capacity-increasing projects, and the growth required portions of projects are then used as the basis for
City of Woodburn Parks SDC Methodology Update Page 4
15
determining SDC eligible costs. This approach works best where levels of service have been identified,
and the benefits of individual projects are not easily apportioned between growth and current users.
In the past, the City has utilized the LOS standards approach for parks. This study continues to use this
method and has relied on the LOS standards prescribed in the 2024 parks and recreation master plan.
Specifically, a LOS standard of 10.5 acres of parkland per 1,000 population.
For this SDC update, the improvement fee represents a proportionate share of the cost to expand the
systems to accommodate growth. This charge is based on the newly adopted capital improvement plans
established by the City for parks. The costs that can be applied to the improvement fees are those that
can reasonably be allocable to growth. Statute requires that the capital improvements used as a basis for
the charge be part of an adopted capital improvement schedule, whether as part of a system plan or
independently developed, and that the improvements included for SDC eligibility be capacity or level of
service expanding. The improvement fee is intended to protect existing customers from the cost burden
and impact of expanding a system that is already adequate for their own needs in the absence of growth.
The improvement portion of the SDC is based on the proportional approach toward capacity and cost
allocation in that only those facilities (or portions of facilities)that either expand the respective system's
capacity to accommodate growth or increase its respective level of performance have been included in
the cost basis of the fee. As part of this SDC update, City Staff and their parks planning consultants were
asked to review the planned capital improvement lists in order to assess SDC eligibility. The criteria in
Figure 1 were developed to guide the City's evaluation:
City of Woodburn Parks SDC Methodology Update Page 5
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Figure 1 -SDC Eligibility Criteria
�tlilo�I�C WO'
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ORS 223 City Decision Rules
•Adoped capital improvement plan •Repair costs are not to be included
required
•Replacement costs will not be included
•Parks&Trails—Pocket parks, urban unless the replacement includes an
plaza parks, neighborhood parks, upsizing of system capacity and/or the
community parks, nature parks, level of performance of the facility is
regional parks,trails,and bike/ped increased
expansion
•New regulatory compliance facility
•The SDC improvement base shall requirements fall under the level of
consider the cost of projected capital performance definition and should be
improvements needed to increase the proportionately included
capacity of the systems to which the fee
is related
•Costs will not be included which bring
deficient systems up to established
•An increase in system capacity is design levels
established if a capital improvement
increases the "level of performance or
service" provided by existing facilities or
provided by new faciliti
A -
In developing the improvement fee, the project team in consultation with City staff evaluated each of its
CIP projects to exclude costs related to correcting existing system deficiencies or upgrading for historical
lack of capacity. Only capacity increasing/level of performance costs were used as the basis for the SDC
calculation, as reflected in the capital improvement schedules developed by the City. The improvement
City of Woodburn Parks SDC Methodology Update Page 6
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fee is calculated as a function of the estimated number of projected additional people over the planning
horizon. Once the future costs to serve growth have been segregated (i.e., the numerator), they can be
divided into the total number of new people that will use the capacity derived from those investments (i.e.,
the denominator).
Process for the Granting of Credits, Discounts, and Exemptions
SDC Credits Policy
ORS 223.304 requires that credit be allowed for the construction of a "qualified public improvement"
which is required as a condition of development approval, is identified in the Capital Improvement Plan,
and either is not located on or contiguous to property that is the subject of development approval or is
located on or contiguous to such property and is required to be built larger or with greater capacity than
is necessary for the particular development project. The credit for a qualified public improvement may
only be applied against an SDC for the same type of improvement and may be granted only for the cost
of that portion of an improvement which exceeds the minimum standard facility size or capacity needed
to serve the particular project. For multi-phase projects, any excess credit may be applied against SDCs
that accrue in subsequent phases of the original development project. In addition to these required
credits, the City may, if it chooses, provide a greater credit, establish a system providing for the
transferability of credits, provide a credit for a capital improvement not identified in the Capital
Improvement Plan, or provide a share of the cost of an improvement by other means.
The City has adopted a policy for granting SDC credits and has codified this policy in the Woodburn
Ordinance No. 2250. The adopted SDC credit policy consists of five (5) items as follows:
Ordinance No. 2250 Section 3(F)
(F) Credits for Developer Contributions of Qualified Public Improvements.The city shall grant a credit,
not to exceed 100%of the applicable Parks and Recreation SDC, against the system development
charges imposed pursuant to Section (3)(A) and (B) for the donation of land as permitted by
Ordinance 1807,or for the construction of any qualified public improvements.Such land donation
and construction shall be subject to the approval of the city.
1) The amount of developer contribution credit to be applied shall be determined according
to the following standards of valuation:
a) The value of donated lands shall be based upon a written appraisal of fair market
value by a qualified and professional appraiser based upon comparable sales of
similar property between unrelated parties in a bargaining transaction; and
b) The cost of anticipated construction of qualified public improvements shall be
based upon cost estimates certified by a professional architect or engineer.
2) Prior to issuance of a building permit or development permit, the applicant shall submit
to the City Administrator a proposed plan and estimate of cost for contributions of
qualified public improvements.The proposed plan and estimate shall include:
a) plan is being submitted.a designation of the development for which the proposed
b) a legal description of any land proposed to be donated pursuant to Chapter 39 of
the Woodburn Zoning Ordinance, Ordinance 1807, and a written appraisal
prepared in conformity with subsection (1)(a) of this section;
City of Woodburn Parks SDC Methodology Update Page 7
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c) a list of the contemplated capital improvements contained within the plan;
d) an estimate of proposed construction costs certified by a professional architect
or engineer; and
e) a proposed time schedule for completion of the proposed plan.
3) The City Administrator shall determine if the proposed qualified public improvement is:
a) Required as a condition of development approval;
b) Identified in the adopted capital improvement plan (CIP);and either
c)
i. Not located on or contiguous to property that is the subject of development
approval; or
ii. Located in whole or in part on or contiguous to property that is the subject
of development approval and required to be built larger or with greater
capacity than is necessary for the particular development project to which
the improvement fee is related
4) The decision of the City Administrator as to whether to accept the proposed plan of
contribution and the value of such contribution shall be in writing and issued within
fifteen (15) working days of the review. A copy shall be provided to the applicant.
5) A proposed improvement which does not meet all three (3) of the criteria included in
Section 3(F)(3) above shall not be considered a qualified public improvement and the city
is not required ORS 223.297 - 223.314 to provide a credit for such an improvement.
However, the city shall grant a credit, in an amount not to exceed fifty percent (50%) of
the total amount of the applicable Parks and Recreation SDC, for certain other
contributions of capital facilities under the following conditions:
a) The capital facilities being contributed must exceed the city standard required for
the specific type of development (i.e., residential, industrial, etc.); and
b) Only the value of the contribution which exceeds the city standard required for
the specific type of development (i.e., residential, industrial, etc.) shall be
considered when calculating the credit; and
6) Any applicant who submits a proposed plan pursuant to this section and desires the
immediate issuance of a building permit or development permit, shall pay the applicable
system development charges. Said payment shall be deemed paid under "protest" and
shall not be construed as a waiver of any review rights. Any difference between the
amount paid and the amount due, as determined by the City Administrator, shall be
refunded to the applicant. In no event shall a refund by city under this subsection exceed
the amount originally paid by the applicant.
SDC Discount Policy
The City, at its sole discretion, may discount the SDC rates by choosing not to charge a reimbursement fee
for excess capacity,or by reducing the portion of growth-required improvements to be funded with SDCs.
A discount in the SDC rates may also be applied on a pro-rata basis to any identified deficiencies, which
must be funded from sources other than improvement fee SDCs. The portion of growth-required costs to
City of Woodburn Parks SDC Methodology Update Page 8
19
be funded with SDCs must be identified in the CIP. Because discounts reduce SDC revenues,they increase
the amounts that must come from other sources, such as user fees or general fund contributions, in order
to acquire the facilities identified in the Updated Master Plan(s).
Partial and Full SDC Exemption
The City may exempt certain types of development from the requirement to pay SDCs. Exemptions reduce
SDC revenues and,therefore, increase the amounts that must come from other sources, such as user fees
and property taxes. As in the case of SDC credits, the City has articulated a policy relative to partial and
full SDC exemption. This SDC exemption policy is codified in Ordinance 2250, Section 3, subsection E and
is as follows:
(E) Exemptions. The following development shall be exempt from payment of the system
development charges:
1) Alternations, expansion, or replacement of an existing dwelling unit where no additional
dwelling units are created.
2) The construction of accessory buildings or structures which will not create additional
dwelling units, and which do not create additional demands on the city's capital
improvements.
3) The issuance of a permit for a mobile home on which applicable system development
charges have previously been made as documented by receipts issued by the city for such
prior payment.
City of Woodburn Parks SDC Methodology Update Page 9
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Parks SDCs
Methodology
The methodology for calculating parks SDCs involves first determining the cost basis, which includes the
total costs related to addressing the capacity needs due to growth. Next, the growth costs are divided by
the projected growth units, such as population and employees,to determine the system-wide unit costs
of capacity. Finally, an SDC schedule is created to outline how these system-wide costs will be allocated
to individual development types.
Current and Future Demand for Parks and Recreation Services
Growth should be measured in units that most directly reflect the source of demand. In the case of parks,
the most applicable units of growth are population and, where appropriate, employees (or new jobs).
However, the units in which demand is expressed may not be the same as the units in which SDC rates
are charged. Many SDCs, for example, are charged on the basis of new dwelling units. Therefore,
conversion is often necessary from units of demand to units of payment. For example, using an average
number of residents per household,the number of new residents can be converted to the number of new
dwelling units.
Parks and recreation facilities benefit City residents, businesses, non-resident employees, and visitors.
The methodology used to update the City's Parks and Recreation SDCs establishes the required
connection between the demands of growth and the SDC by identifying specific types of park and
recreation facilities and analyzing the proportionate need of residents and employees for each type of
facility. The SDCs to be paid by a development meet statutory requirements because they are based on
the nature of the development and the extent of the impact of that development on the types of park
and recreation facilities for which they are charged. The Parks and Recreation SDCs are calculated based
on the specific impact a development is expected to have on the City's population and employment.
Table 3 shows population and employment data from recent City planning documents for the SDC
analysis. It uses the concept of equivalent population to measure park usage by residents and employees,
with nonresidential development's equivalent population set at 4%of total employees.This reflects future
park use by residents compared to employees (see Appendix A for details).
Table 3-Existing and Future Demand Data
U.S.Census Existing Projected
Item 2022 2024 2029 2034 CAGR
Population 25,985 29,455 33,326 37,705 2.50%
0
Employment 12,110 13,500 15,274 17,281 2.50%
Equivalent Population 26,480 30,007 33,950 38,412
Recent Growth (2024 vs 2022) 3,527
Future Growth (2034vs 2024) 8,405
City of Woodburn Parks SDC Methodology Update Page 10
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The 2024 Parks Master Plan Levels of Service and Capacity Analysis
In 2024,the City completed a parks and recreation master plan addressing needs until 2034. It uses levels
of service (LOS) to assess current and future park adequacy. LOS standards measure public recreation
parklands and facilities against established benchmarks. To determine needs, providers compare the ratio
of existing developed park acres per 1,000 residents to the desired level. The gap reflects the required
park acreage. As population grows, more acreage is needed to maintain the desired ratio. Through the
Parks Master Plan,the City plans to acquire and develop parks according to the community's desired LOS.
Funding for improvements will come from contributions by both new development and existing users,
based on their needs as determined by planned LOS. The planned LOS specifies the quantity of future
City-owned park acreage or facilities per 1,000 equivalent population served. The following equation
shows the calculation of the planned LOS. This process was used by the City in the 2016 Parks and
Recreation SDC methodology and is in use for this update.
Existing Q + Planned
® Plccnnad L®5
Future Population Served
Where:
Q = quantity (acres of parks, miles of trails, or number of facilities), and Future Population Served=
projected 2034 equivalent population
Table 4 shows the existing and future LOS by park type and trails. The capacity requirements, or number
of park acres ortrail miles, needed forthe existing population and forthe growth population are estimated
by multiplying the planned (future) LOS for each park type (from Table 4) by the equivalent population of
each group(from Table 3).Table 5 shows this capacity analysis for each park type,and for the recreational
trails network. Table 6 shows the capacity analysis for park and recreation facilities, amenities, and
appurtenances.
Table 4-Existing and Planned Levels of Service
Existing Existing Future Future
Units of Developed Developed
Type Measure Total Units LOS Units LOS Total Units LOS Units LOS
Parks and Open Space:
Pocket parks Acres 2.75 0.09 2.75 0.09 2.75 0.07 2.75 0.07
Specialty use parks Acres 0.30 0.01 0.30 0.01 0.30 0.01 0.30 0.01
Neighborhood parks Acres 29.20 0.97 29.20 0.97 44.20 1.15 44.20 1.15
Community parks Acres 51.00 1.70 51.00 1.70 51.00 1.33 51.00 1.33
Trails/linear parks Acres 28.00 0.93 28.00 0.93 28.00 0.73 28.00 0.73
Nature parks/open space Acres 23.80 0.79 - - 23.80 0.62 - -
Total Acres 135.05 4.50 111.25 3.71 150.05 191 126.25 129 i
Recreation Trails:
Centennial park trail Miles 1.00 0.03 1.00 0.03 1.25 0.03 1.25 0.03
Legion park trail Miles 0.26 0.01 0.26 0.01 0.51 0.01 0.51 0.01
Mill creek greenway trail Miles 1.34 0.04 1.34 0.04 3.03 0.08 3.03 0.08
Nelson park trail Miles 0.22 0.01 0.22 0.01 0.47 0.01 0.47 0.01
Right-of-way route Miles 0.57 0.02 0.57 0.02 0.82 0.02 0.82 0.02
Senior estates park trail Miles 0.25 0.01 0.25 0.01 0.25 0.01 0.25 0.01
Smith creek trail Miles 1.22 0.04 1.22 0.04 1.47 0.04 1.47 0.04
Other Miles 0.17 0.01 0.17 0.01 0.17 0.00 0.17 0.00
Total Miles 5.03 0.17 5.03 0.17 7.97 0.21 7.97 0.21
City of Woodburn Parks SDC Methodology Update Page 11
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As shown in Table 5, the City has varying degrees of excess (surplus) capacity in existing park and trails
acreage; however, there are deficits— both in terms of total land owned and developed -- compared to
the planning standard. For example, additional acreage included in the CIP is limited to 15 acres of
neighborhood parks (both land purchase and development). Based on the planned LOS shown in Table 5,
existing patrons require an additional 5.33 acres in this parks category. Based on capacity analysis,a total
acreage need is (5.33 + 15.00 = 20.33 acres). Since the City is only planning on adding an additional 15
acres, the improvement fee SDC eligibility is (15.00/20.33 =73.8%).
The same logic applies to the City's recreational trail system. In the case of the Mill Creek greenway trail,
the CIP is limiting the mileage alignment addition to 1.69 miles. Based on the LOS, there is an existing
mileage deficiency of 1.03 miles. The current and future need therefore is(1.03+ 1.69= 2.72 miles). The
calculated improvement fee SDC eligibility is then (1.69/2.72 =62.2%)
A separate capacity analysis (shown in Table 6)was conducted for parks and recreation facilities. Similar
to the park land analysis,the capacity analysis for facilities is based on the planned LOS. As shown in Table
6, the planned LOS for facilities is shown as the equivalent population served per facility. In some cases,
the additional planned investment will yield an enhanced LOS — meaning that the number of people
served by a single facility is lower. In other cases, new facilities types are being added. For facilities with
enhanced LOS—either existing or new facility types —a portion of the planned investment is needed to
meet the needs of existing development. In other cases, where the planned LOS declines (meaning each
facility will serve a higher equivalent population than currently), all of the new investment is needed for
future development.
Costs
Improvement fee -The current Parks CIP (based on the Parks Master Plan) includes almost$46 million in
improvements to existing parks and facilities, and acquisition of additional land for Parks and Trails.Table
7 provides a listing of park improvements during the planning period, and an allocation of costs between
existing development, and future development (growth). The SDC project list shown in Table 7 identifies
the portion of planned capital project costs that are related to future development, for purposes of
calculating the updated SDCs. Total SDC-eligible costs amount to $26 million.
Reimbursement fee - The reimbursement fee cost basis is the sum of the value of the existing system
inventory funded by City revenues that will serve growth. The capacity requirements for existing
development and growth were developed in Tables 4 through 6 for the City's parks, trails, and facilities.
Existing acreage and facilities that exceed the capacity requirement of existing development are available
to meet the needs of growth. As Tables 5 and 6 indicate, the existing system has available (surplus)
capacity in acreage for some parks, trails, and many facilities.
Table 9 shows the calculation of the reimbursement fee cost basis.The City's existing fixed asset records
were used to determine the cost of prior investment in parks and facilities;the reimbursement allocation
percentages from Tables 3 and 6 were then used to determine the cost of each line item eligible for
reimbursement. As shown in Table 8, the reimbursement fee cost basis totals almost$2.7 million.
City of Woodburn Parks SDC Methodology Update Page 14
25
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Compliance costs - Local governments are entitled to include in the SDCs, the costs associated with
complying with the SDC statutes. Compliance costs include costs related to developing the SDC
methodology and project list (i.e., a portion of planning costs), and annual budgeting and reporting. The
estimated compliance costs over the 10-year planning period are$170,000. A detailed breakdown of the
projected component costs of compliance are shown below in Table 9.
Proposed Schedule of Parks SDCs
Unit Costs
To determine the SDC schedule, the system-wide unit costs of capacity are calculated as shown in Table
9. The calculations start with allocating the cost basis between residential and nonresidential
development. For SDC purposes, park costs are divided based on each group's share of future equivalent
population.According to Table 3,the total growth in equivalent population is estimated at 8,405, including
8,250 new residents (98 percent) and 155 nonresidential equivalents (2 percent).Accordingly, residential
development is allocated $27.6 million (combined reimbursement and improvement costs), and
nonresidential development is allocated $1.2 million of future growth-related park costs from Tables 7
and 8. Compliance costs are apportioned to each group proportional to the total capital costs.
The growth capacity units for both residential and nonresidential developments are measured by
population; for residential, it is the total population, and for nonresidential, it is employment. The
estimated growth in population and employment during the 10-year planning period is 8,250 and 3,781,
respectively. Dividing the residential cost by the total growth in population results in improvement and
reimbursement unit costs per person of $2,248 and $339, respectively. Similarly, the unit costs for
nonresidential are$209 (improvement) and $32 (reimbursement) per employee.
Table 9-Parks SDC Unit Cost Calculations
Future Demand
Line Item Description Fee Basis (-)SDC Fund Bal Compliance* Total Units Number Fee-$/Unit
Improvement fee:
Residential $24,945,121 $ 6,396,258 $ $18,548,864 Population 8,250 $ 2,248
Non-residential 1,064,011 272,826 791,185 Employees 3,781 $ 209
Total $26,009,132 $ 6,669,084 $ $19,340,048
Reimbursement fee:
Residential $ 2,631,046 $ - $ 163,045 $ 2,794,092 Population 8,250 $ 339
Non-residential 112,225 6,955 119,179 Employees 3,781 $ 32
Total $ 2,743,271 $ $ 170,000 $ 2,913,271
Total
Residential $ 2,587
Non-residential $ 241
* Compliance Costs:
Parks Master Plan update $ 85,000
Parks SDC Methodology update 35,000
Accounting,reporting 50,000
Total $ 170,000
City of Woodburn Parks SDC Methodology Update Page 19
30
Schedule of Parks SDCs
Parks SDCs are based on average dwelling occupancy and employee density.City data shows no significant
difference in occupancy by dwelling type, so a uniform SDC of$7,658 per unit (2.96 persons/household)
is recommended, up from $4,647. The updated nonresidential SDC per employee is $241, compared to
$184 currently. For nonresidential development, SDC is based on employee estimates using employment
density and building size. The proposed schedule of parks SDCs is shown below in Table 10.
Table 10-Proposed Schedule of Parks SDCs
Parks SDC
Fee-$/Unit People Per
of Demand Dwelling Unit Per DU Per Employee
Residential
Single-family $2,587 2.96 $7,658
Multifamily $2,587 2.96 $7,658
Non-Residential
Employee $241 $241
Parks SDC Components Proposed Current Difference
Residential per dwelling unit:
Reimbursement fee $ 1,003 $ 570 $ 433
Improvement fee 6,655 4,077 2,578
Subtotal residential $ 7,658 $ 4,647 $ 3,011
Commercial per FTE employee:
Reimbursement fee $ 32 $ 22 $ 10
Improvement fee 209 162 47
Subtotal residential $ 241 $ 184 $ 57
City of Woodburn Parks SDC Methodology Update Page 20
31
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COUNCIL BILL NO. 3284
ORDINANCE NO. 2638
AN ORDINANCE AMENDING AND REPEALING SECTIONS OF ORDINANCE 2250 (THE
PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGES ORDINANCE) BASED
UPON A NEW METHODOLOGY REPORT DATED MARCH 2O25 AND SETTING AN
EFFECTIVE DATE
WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose
System Development charges; and
WHEREAS, the City has adopted Ordinance 2250 establishing Parks and
Recreation System Development Charges; and
WHEREAS, the City last updated the Parks and Recreation System Charges
Methodology on July 11 , 2016; and
WHEREAS, the City seeks to ensure that future growth contributes its fair
share toward the cost of improvement and additions to parks and recreation
facilities that are necessary to accommodate the needs of such growth; and
WHEREAS, on August 11, 2025, the City Council conducted a public
hearing to consider adopting an updated Parks and Recreation System
Development Charges Methodology and amendments to Ordinance No. 2250;
and
WHEREAS, the City wants to adopt a an updated Methodology as the
justification for new Parks and Recreation System Development Charges, NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3(13)(1) of Ordinance 2250 is amended to read as
follows:
(B) Rates of Charges.
(1) The City hereby adopts and incorporates by reference the
report entitled "Methodology Report - Parks and Recreation System
Development Charges" dated March 2025, particularly the
assumptions, conclusions and findings in such study as to the
determination of anticipated costs of capital improvements
required to accommodate growth and the rates for system.
Page 1 Council Bill No. 3284
Ordinance No. 2638
35
Section 2. Section 6 of Ordinance 2250 is amended to read as follows:
Effective Date. This ordinance shall be legally effective on
September 15, 2025.
Approved as to form:
City Attorney Date
Approved:
Frank Lonergan, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 Council Bill No. 3284
Ordinance No. 2638
36
COUNCIL BILL NO. 3285
RESOLUTION NO. 2254
A RESOLUTION SETTING AMOUNT OF THE PARKS AND RECREATION SYSTEM
DEVELOPMENT CHARGES PURSUANT TO RECENTLY UPDATED METHODOLOGY; AND
SETTING AN EFFECTIVE DATE FOR IMPOSITION OF THE FEES AND CHARGES
WHEREAS, ORS 223.297 - 223.314 authorizes local governments to impose
system development charges; and
WHEREAS, the City has adopted Ordinance No. 2250 establishing Parks
and Recreation System Development Charges; and
WHEREAS, the City has adopted methodologies pursuant to Ordinance
No. 2250 to justify the Parks and Recreation System Development Charges; and
WHEREAS, the City last updated the Parks and Recreation System
Development Charges Methodology on September 12, 2016; and
WHEREAS, on August 11, 2025, the City Council conducted a public
hearing to consider adopting an updated Parks and Recreation System
Development Charges Methodology and amendments to Ordinance No. 2250;
and
WHEREAS, Ordinance No. 2250 was thereafter amended and a March
2025 Parks and Recreation System Development Charges Methodology was
adopted; and
WHEREAS, Ordinance No. 2250 provides that the amounts of the Parks and
Recreation System Development Charges and an Alternative Rate Review Fee
shall be set by resolution; NOW, THEREFORE,
THE CITY RESOLVES AS FOLLOWS:
Section 1. Parks & Recreation System Development Charges (SDCs).
The schedule of Parks and Recreation System Development Charges
attached as Exhibit A, incorporated into this Resolution by reference, is hereby
adopted.
All Parks and Recreation SDCs adopted by the City prior to this resolution
and in conflict with the schedule shown in Exhibit A are hereby repealed.
Page 1 - Council Bill No. 3285
Resolution No. 2254
37
Section 2. Alternative Rate Review Fee.
The minimum fee for review of an alternative rate review calculation shall
be two hundred fifty dollars ($250), to paid at the time the alternative rate
calculation is submitted for review. If the City hires a consultant to assist in
reviewing the information submitted, the cost of the consultant's review shall be
shared equally by the City and the applicant, and the applicant shall pay its
share of the cost of the consultant's review at the time the City decides whether
or not to accept the alternative rate.
Section 3. Effective Date.
The effective date for imposition of the fees and charges identified in this
Resolution shall be September 15, 2025.
Approved as to form:
City Attorney Date
Approved:
Frank Lonergan, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
Page 2 - Council Bill No. 3285
Resolution No. 2254
38
EXHIBIT A
PARKS AND RECREATION SYSTEM DEVELOPMENT CHARGES SCHEDULE
Effective: September 15, 2025
DEVELOPMENT TYPE SDC PER UNIT
Residential (all housing types) $ 7,658 / dwelling unit
Non-Residential $ 241 / employee
The non-residential fee is assessed based on a structure's gross square footage
per employee as determined by the following Metro Employee Density Study
guidelines:
SQUARE FEET PER EMPLOYEE
(Recommended Guidelines from Metro Employment Density Study)
Standard Industry Square Feet Standard Industry Square Feet
Classification(SIC) Per Employee Classification(SIC) Per Employee
Manufacturing: Trucking 1,500
General 700 Communications 250
Food Related 775 Utilities 225
Textile,Apparel 575
Lumber,Wood Products 560 Retail:
Paper and Related 1,400 General 700
Printing and Publishing 600 Hardware 1,000
Chemicals,Petrol, Food Stores 675
Rubber,Plastics 850 Restaurant/Bar 225
Cement, Stone,Glass,Clay 800 Appliance/Furniture 1,000
Furniture and Furnishings 600 Auto Dealerships 650
Primary Metals 1,000 Gas Station(gas only) 300
Secondary Metals 800 Gas Station(Gas and Service) 400
Non-Electrical Machinery 600 Regional Shopping Center 600
Electrical Machinery 375
Electrical Design 325 Services:
Transportation Equipment 500 Hotel/Motel 1,500
Other 400 Health Services(hospital) 500
Health Services(clinic) 350
Wholesale Trade: Educational 1,300
Durable Goods 1,000 Cinema 1,100
Non-Durable Goods 1,150 Personal Services(office) 600
Finance,Insurance,Real Estate,
Warehousing: Business Services(office) 350
Storage 20,000
Distribution 2,250 Government Administration 300
Page 3 - Council Bill No. 3285
Resolution No. 2254
39
Ig 49w&
WWODBURN
Inc orpornreA 1889
August 11, 2025
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
McKenzie Granum, City Attorney
SUBJECT: Resolution Referring Charter Amendment Ballot Measure
RECOMMENDATION:
Adopt a Resolution referring to the voters of the City of Woodburn, as part of the
November 2025 regular election, a ballot measure for proposed amendments to
the City of Woodburn Charter.
BACKGROUND:
On March 24, 2025, the Council voted to adopt Resolution No. 2248 to formally
establish the City of Woodburn Charter Review Committee ("Committee").
The Committee consisted of Mayor Lonergan, three City Councilors (Mark Wilk,
Sharon Schaub, and Alma Grijalva), former Mayor, Kathy Figley, and Woodburn
Area Chamber of Commerce Executive Director, John Zobrist. Staff supporting
the Committee included, City Administrator, Scott Derickson, City Attorney,
McKenzie Granum, and City Recorder, Heather Pierson.
On April 12, 2025, the Charter Review Committee ("Committee") held its first
meeting to review the current charter and begin discussions regarding proposed
amendments to the current Woodburn City Charter.
On May 8, 2025, the Committee held a second meeting to review certain
proposed amendments to the Charter in redline format and provide direction on
the preparation of a final draft proposal of the Charter amendment package.
On May 30, 2025, the Committee held a third meeting to review a final version of
proposed amendments to the Charter and voted unanimously to recommend
the amendments to the City Council for referral to the voters at this November's
election (with one noted exception, see Section 21 (A) below).
40
Honorable Mayor and City Council
August 11, 2025
Page 2
DISCUSSION:
At the Committee's direction, the proposed Charter Amendment package
includes the following amendments and modifications:
• Qualifications of Officers (Section 12): Includes amended language for
the qualification of elected officers and restricts from eligibility those who
are either employed by the City or a spouse or immediate family member
of a regular full-time employee of the City.
• Meetings (Section 13): Adds language related to emergencies and the
inability of the Council to meet monthly. Also, specifies that Special
Meetings of the Council will be called in accordance with the rules and
laws of the State of Oregon.
• President of the Council (Section 18): Modifies language to make the
election of the Council President the first meeting in January following the
biennial election rather than December.
• Mayor (Section 20): Modifies certain authority under the Mayor's duties,
which better complements the role and duty of the City Manager
position. Clarifies that the Mayor's roles is as the political head of the City,
but without administrative duties (reserved to the City Manager), and
removes the previous emergency powers granted to the Mayor that
would give the Mayor authority to take command of the police and other
departments during times of public danger or emergency.
• City Administrator/Manager (Section 21 ):
o Changes the City Administrator Officer position to a City Manager
title and updates references throughout the Charter.
o Under Qualifications, subsection (A), adds the Council's ability to
waive the residency requirement for the City Manager. This
proposed change was not unanimous by the Committee, but by
majority agreement, with at least one committee member wanting
to maintain the current residency requirement.
o Updates the appointment language related to the Term of the
manager under subsection (B), which more closely tracks with the
LOC Model and provides greater clarity on appointments/removals.
o Updates some specific powers/duties under subsection (C),
including granting exclusive authority to the Manager to appoint,
supervise, and remove any city employee (excepting the municipal
judge and city attorney) without needing consent of the Council,
and adding the duty/ability to organize city departments and the
administrative structure of the City.
41
Honorable Mayor and City Council
August 11, 2025
Page 3
o Modifies certain authority of the "Manager Pro Tem" under
subsection (E), including removing the limitation of employee
appointment and removal authority.
o Under subsection (F), removes the last sentence related to an
employee's ability to secure/contribute money towards the
election of candidates for municipal office, which is a topic
regulated and governed under State elections laws.
• Municipal Judge (Section 22): Reformatted this Section for clarity.
• Multiple Sections
o Updated or modernized current Charter text to the LOC Model
Charter Text: Section 3 (Boundaries); 8 (Councilors); 13 (Meetings);
15 (Record of Proceeding); 25 (Regular Elections); 30 (What Creates
a Vacancy); 31 (Filling Vacancies); 32 (Enacting Clause); 38 (Debt
Limit); and 40 (Repeal).
o Removed gender specific, exclusive or binary pronouns throughout
Charter: Section 12 (x3 references);13 (xl ); 17 (xl); 20 (x4); 21 (x9); 22
(x4); 24 (x2); 31 (x2); 33 (xl).
Following discussion and deliberation by the Council on the proposed
amendments, staff would ask that the Council adopt the Resolution that refers
the package of Charter amendment(s) to the voters of the City of Woodburn at
the November 2025 regular election.
The Resolution for Council's consideration contains the ballot measure referral
authorization with proposed Ballot Title (e.g. Caption, Question, and Summary).
The City Attorney has also drafted an impartial and understandable Explanatory
Statement of 500 words or less that will be published in the associated
November voter's guide.
Full text of the proposed Woodburn Charter amendments will be on file at
Woodburn City Hall and online at the City's website.
If approved by the voters, the Charter amendments would take effect January
1 , 2026.
FINANCIAL IMPACT:
None.
42
COUNCIL BILL NO. 3286
RESOLUTION NO. 2255
A RESOLUTION REFERRING TO THE ELECTORS OF THE CITY OF WOODBURN THE
QUESTION OF AMENDING THE CITY OF WOODBURN CHARTER; ADOPTING A BALLOT
TITLE AND EXPLANATORY STATEMENT; AND AUTHORIZING ALL STEPS NECESSARY TO
EFFECTUATE THIS RESOLUTION
WHEREAS, under Article XI, Section 2 of the Oregon Constitution, the City
of Woodburn has "home rule" authority over the civil affairs of the City; and
WHEREAS, Article XI of the Oregon Constitution and ORS Chapters 250 and
251 authorize the City to refer a matter to voters to amend the City Charter; and
WHEREAS, on March 24, 2025, the Council voted to adopt Resolution No.
2248 to formally establish the City of Woodburn Charter Review Committee; and
WHEREAS, the Charter Review Committee met in several noticed public
meetings to review the current Charter and deliberate on changes, updates,
and modernization of the Woodburn Charter; and on May 30, 2025, the
Committee then voted to recommend a package of amendments to the City
Council for referral to the voters at the November 2025 election; and
WHEREAS, the Woodburn City Council would like to now refer the
proposed Charter Amendment matter to the electors of Woodburn; NOW,
THEREFORE,
THE CITY RESOLVES AS FOLLOWS:
Section 1. The Ballot Title attached in Exhibit A shall be referred to the
legal voters of the City of Woodburn, Marion County, Oregon, at the election on
Tuesday, November 4, 2025.
Section 2. The measure election hereby called shall be held in the City
of Woodburn on the 4th day of November, 2025. The election shall be
conducted by the Marion County Elections Department by mail and in
conformance with ORS Chapter 254.
Section 3. The Explanatory Statement for the measure, attached in
Exhibit B, shall be submitted for inclusion in the voters' pamphlet as provided in
ORS 251 .345.
Page 1 - Council Bill No. 3286
Resolution No. 2255
43
Section 4. The Ballot Title and Explanatory Statement adopted by this
Resolution shall be filed with the City Elections Officer. The City Elections Officer
and staff are authorized and directed to take all necessary steps for and on
behalf of the City to effectuate this Resolution, including providing public notice
and submitting required materials to the County Elections Officer to cause the
measure to appear on the ballot for the November 4, 2025, election and to
otherwise carry out the intent and purpose of this Resolution.
Section 5. The Act, containing the full Charter amendment herein
referred, is attached hereto as Exhibit C and incorporated into this Resolution by
reference.
Approved as to form:
City Attorney Date
Approved:
Frank Lonergan, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
Page 1 - Council Bill No. 3286
Resolution No. 2255
44
EXHIBIT A
BALLOT TITLE
CAPTION (10-word maximum)
City of Woodburn Charter Modernization Amendment
QUESTION (20-word maximum)
Shall the City of Woodburn amend the existing Charter to modernize, update,
and clarify Charter provisions?
SUMMARY (175-word maximum)
The Woodburn Charter establishes the governmental structure for the City. This
measure amends the City of Woodburn Charter of 1982.
Amendments to the Charter would be as follows:
• Change the City Administrator title to City Manager, modify certain powers
and duties allocated between the Manager and Mayor, authorize the
Council to waive the City Manager residency requirement, and grant
appointment and removal authority to the Manager Pro Tem;
• Change the election of the Council President to the first meeting in January
following the biennial election;
• Add an emergency contingency for regular Council meetings;
• Add a restriction that to qualify for elected office, such person cannot be a
spouse or immediate family member of a regular full-time City employee;
• Modernize text to closely mirror the current League of Oregon Cities Model
Charter;
• Remove sections that are not legally enforceable or are covered by state
statute; and
• Remove gender specific or binary pronouns.
This measure was referred to the voters by the Woodburn City Council based on
the recommendation of the Charter Review Committee.
Page 1 - Council Bill No. 3286
Resolution No. 2255
45
EXHIBIT B
EXPLANATORY STATEMENT
(500 word maximum)
The City of Woodburn Charter sets out the organizational structure, powers,
functions, and procedures of the city government. The Oregon Constitution
grants "the legal voters of every city and town ... [the] power to enact and
amend their municipal charter." The Woodburn Charter was last reviewed and
amended in 1982.
The Woodburn City Council convened a Charter Review Committee to provide
input on proposed changes and updates for the Charter. The Committee was
comprised of six members, including current and past elected officials of the
City and the Executive Director for the Woodburn Area Chamber of Commerce.
The Committee met several times in noticed public meetings to develop its
recommendations. As part of its work, the Committee studied other city
charters, as well as model charters from the League of Oregon Cities and the
National Civic League.
The Charter Review Committee recommended that the foundational pieces of
Woodburn's current city government remain the same; keeping the same form
of government and number of city councilors, maintaining the councilor ward
system, and making no change in how laws are passed.
If passed, the proposed Charter amendments would generally include:
• Changing the City Administrator title to City Manager (Section 21 and
references throughout the Charter);
• Modifying certain powers and duties allocated between the City
Manager, Mayor, and City Council, including granting the City Manager
the exclusive duty of appointing, supervising, and removing all City
employees, except the municipal judge and city attorney, and
distinguishing the Manager's administrative role from the Mayor's role as
the political head of the City (Sections 20 and 21);
• Giving the City Council authority to waive the City Manager residency
requirement (Section 21);
• Granting appointment and removal authority of city employees to the
Manager Pro Tern (Section 21);
• Changing the election of the Council President from the first meeting in
December to the first meeting in January following the biennial election
(Section 18);
• Adding contingency language for emergencies that prevent the Council
from holding its regular monthly meeting (Section 13);
Page 1 - Council Bill No. 3286
Resolution No. 2255
46
• Adding a restriction that to qualify for elected office, such person cannot
be a spouse or immediate family member of a regular full-time City
employee (Section 12);
• Updating and modernizing text throughout the Charter to closely mirror
the current League of Oregon Cities Model Charter (Sections 3, 8, 13, 15,
25, 30, 31 , 32, 38, 40);
• Removing or modifying sections in the Charter that are not enforceable or
are covered by state statute, including state public records and meetings,
elections, and budget law (Section 13, 21, 38, 40); and
• Removing gender specific, exclusive, or binary pronouns in the Charter
and when possible, replacing the pronoun with the title or position from
the same sentence or section (Sections 12, 13, 17, 20, 21, 22, 24, 31 , and
33).
If the ballot measure does not pass, Woodburn would retain its current city
charter.
Full text of the proposed Woodburn Charter amendment is on file at Woodburn
City Hall and is available at: https://woodburn-or.gov.
Page 1 - Council Bill No. 3286
Resolution No. 2255
47
EXHIBIT C
WOODBURN CHARTER AMENDMENT COMPLETE MEAUSURE TEXT
If a majority of eligible voters vote "yes" on the herein referred measure, the City
of Woodburn Charter will be amended as follows, with +rile+"r^, ^" text
deleted, and bold text added. These amendments would take effect January 1 ,
2026.
WOODBURN CHARTER
CHAPTER I
NAMES AND BOUNDARIES
Section 1. TITLE OF ENACTMENT. This enactment may be referred to as the
City of Woodburn Charter of 4-9-K 2026.
Section 2. NAME OF CITY. The municipality of the City of Woodburn, Marion
County, Oregon, shall continue to be a municipal corporation with the name"City
of Woodburn."
Section 3. BOUNDARIES. The city shall include all territory within its
boundaries as they now exist or are legally modified. The city will maintain as a
public record an accurate and current description of the boundaries
eRGempGssed
her its be iRdGFieS GS they ReW eXic��r�Ter GFe modified her
�r"l� h c'r- tTr- il ^r ry rr ^fl-p C{G r I r ^ eior f^ rn^i-lifii fl- he
ro�Q'-QP SaGI1 ke ire hic ^r "er r�-9 Gt the
G4Y "rtill A-$ ler-act t\A/^ r Gpiec of thi-S
ter iR or-G-h r-f 4,/hi�tG� hr-III mr-�iRiGiR r-R r-�GG iPGte i ir�_fr�_r-IGtq
,c�--n-rccrcri--vi--rv��-rr ,
deSGriptiGA Gf the The GGPkes GRUA r-Jec^r' rS Sh^I�-";AiIAhI�T
pybliG iRSPeGtiGR Gt GRY time GI ir� i-IlAr r-ffiGo hG i��f th'Q rorprde
CHAPTER II
POWERS
Section 4. POWERS OF THE CITY. The city shall have all powers which the
constitutions, statutes, and common law of the United States and of this state
expressly or impliedly grant or allow municipalities, as fully as though this charter
specifically enumerated each of those powers.
Section 5. CONSTRUCTION OF CHARTER. In this charter, no mention of a
particular power shall be construed to be exclusive or to restrict the scope of the
powers which the city would have if the particular power were not mentioned.
The charter shall be liberally construed to the end that the city may have all
Page 1 - Council Bill No. 3286
Resolution No. 2255
48
powers necessary or convenient for the conduct of its municipal affairs, including
all powers that cities may assume pursuant to state laws and to the municipal
home rule provisions of the state constitution.
CHAPTER III
FORM OF GOVERNMENT
Section 6. WHERE POWERS VESTED. Except as this charter provides
otherwise, all powers of the city shall be vested in the council.
Section 7. COUNCIL. The council shall be composed of six councilors. The
city shall be apportioned into six wards for nomination and election of
councilors. The Council of Woodburn shall alter the ward boundaries to
maintain an equal population distribution not less than once every ten years.
Section 8. COUNCILORS. The ci'^rs iR ^ffiGo At th'a fimo this ��TPr iS
rvi-Gpr etd ShA-11 ire GffiGe, cch 1 lAtil th'a eptd o s ,-r f his Her ff ffir orvG.. crrorm r, A- r e a�GS
ffiiXed 19Y flht-9' ,vl-T or A-f t 'a �iervf r- $ th'a firno this C�T r-Jepr ed. 44
cG_G_rh--lo i e R-,�!ge R�crG_.l r�f i rc-rrvTrA- te r�C�T�r fci--ra .T��e^f, fc�- t h Pe te�� TTtit�F�
�nrvll ho eleGte I eGr h fr_r A form r-f fr-i -r years. The term of a councilor in office
when this charter is adopted is the term for which the councilor was elected. At
each biennial general election after the adoption, three councilors will be elected
for four-year terms.
Section 9. MAYOR. At each biennial general election, a mayor shall be
elected from the city at large for a term of two years.
Section 10. ^DMINICTRAT^D MANAGER, JUDGE, CITY
ATTORNEY, AND OTHER OFFICERS. Additional officers of the city shall be a G4
GGlmiRiS#GteF city manager, a municipal judge, and a city attorney, each of
whom the council shall appoint, and such other officers as the council deems
necessary. The council may combine any two or more appointive offices,
except the offices of r-ity GGlmiRicfrr tGP city manager and judge, or the offices of
city attorney and judge. The municipal judge shall not be subject in judicial
functions to supervision by any other officer.
Section 11. SALARIES. The compensation for the services and legitimate
expenses of the mayor and councilors and each city officer and employee shall
be the amount fixed by the council.
Section 12. QUALIFICATION OF OFFICERS. No person shall be eligible for an
elective office of the city unless at the time of his Ape election, "ewe the
person is a qualified elector within the meaning of the state constitution and has
resided in the city during the twelve months immediately preceding the election.
Page 1 - Council Bill No. 3286
Resolution No. 2255
49
Persons shall not be eligible for election as councilor unless at the time of his or
her election, the person is a resident of the ward from which he ershe i-& they are
elected. The council shall be the final judge of the qualifications and the election
of the mayor and its own members. No person who is an employee of the city of
Woodburn, nor is a spouse or immediate family member of a regular full-time city
employee, shall hold elective office of the city,Ohile ;T FRPIGYee of G4Y. No
former mayor or councilor may be employed by the city in any capacity for at
least one (1 ) year after leaving office.
CHAPTER IV
COUNCIL
Section 13. MEETINGS. The council shall hold a regular meeting at least
once each month in the city at a time and at a place which it designates, unless
an emergency or other extenuating circumstance prevents the council from
meeting. It shall adopt rules for the government of its members and proceedings.
The mayor upon 4&their own motion may, or at the request of three members
of the council shall, by giViRg;^fi�rtoror�f fr, A11 m o r�rc f�er�Tr�i hep ip
the Gity, .call a special meeting of the council in accordance with the rules and
laws of the State of Oregon fA-r A- time r,r,f orvrror thA_A $44_99 r,,-,r Irvfor fhGR f„4y
eight hG irs A-ffor the A - fir- to is giver Cr,o--irv� cptjy gS Gf th'a ry m ��
he1(d At GRY time by the G FRm R GRcoRf f A-11 t gy m" ors r� f th'a rrcri.
Section 14. QUORUM. A majority of the incumbent members of the council
shall constitute a quorum for its business, but a smaller number may meet and
compel the attendance of absent members in a manner provided by ordinance.
Section 15. RECORD OF PROCEEDINGS. Tom. G-il ShA-111 G-yea-reef
ifc PFGGeediRr-vc �G 19e k f I IPGR Fegl ie4 Gf GRY r,f its rvrn'_QFAI9eFS r YeS r-vR d RGYS
i iPGR GRY g eStiGR 1_9ofr_r�nAIl 1949 1kor�('_QRioror-1 ipfr_ the rerGA-Rd A record
of council meetings must be kept in a manner prescribed by the council rules and
the laws of the state of Oregon.
Section 16. PROCEEDINGS TO THE PUBLIC. No action by the council shall
have legal effect unless the motion for the action and the vote by which it is
disposed of take place at proceedings open to the public.
Section 17. MAYOR'S FUNCTIONS AT COUNCIL MEETINGS. The mayor shall
be chairmGR of the council and preside over its deliberations. The mayor shall
vote only in case of a tie. The mayor shall have the authority to preserve order,
enforce rules of the council, and determine the order of business under the rules
of the council.
Section 18. PRESIDENT OF THE COUNCIL. At its first regular meeting of the
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Resolution No. 2255
50
year r-vfttar this rhArttar tr-kes efftar-t G—R d th'artar-Miter At ifs first Peg IGP MeetiRg iR iN9
FReRth following a biennial general election, the council by ballot shall elect a
president from its membership. In the mayor's absence from a council meeting,
the president shall preside over it. Whenever the mayor is unable to perform the
functions of office, the president shall act as mayor. In any event, the president
of the council shall retain the right to vote as a councilor.
Section 19. VOTE REQUIRED. Except as this charter otherwise provides, the
concurrence of a majority of the members of the council present at a council
meeting shall be necessary to decide any question before the council.
CHAPTER V
POWERS AND DUTIES OF OFFICERS
Section 20. MAYOR. The FRG�r�hA-11 Iota roGGr-vR4ed G-S th'a GffiriGI h'-Q Gr-1 ref
the G4Y fr-r r-v11 G-,.,,ta�P,eFRGRiGI ,P1 irP eS Io � r-fr tht-9 r�i irPGSe of '044s vAd
i
r-
r-ffita r,f FRGYr-�r GRY r�r�WePS r-r fi IRG-iiG—Rs iri r�r�r�flir�t �nritl� ther r�rGyisipps ref this
c r�
"�er The mayor serves as the political head of the city government but sha11
have no administrative duties. The mayor shall appoint the committees of the
council as provided by the rules of the council. The mayorshall appoint orremove
the members of the boards, committees, and commissions as provided by
ordinance. The mayor shall sign all records of proceedings approved by the
council. After the council approves a bond of a city officer or a bond for license,
contract, or proposal, the mayor shall endorse the bond. IR time of pybliG GIGRg&F
GP e FR ePg e G�r�c r-v i i�ri e d by G G i i R Gil, t�n h G I Its r-�f the
ta
PGIiGe / RUA r-tl-�ta�Qpr G4FReRts ,-�f thte r•' `G epferr e Arder The
mayor shall, from time to time, communicate to the council such information and
recommend such measures as, in his e; he their opinion, may tend to the
improvement of the finances, the protection, the health, the security, the
ornament, the comfort, the administrative management and the general welfare
and prosperity of the city. The mayor shall establish a cooperative arrangement
to interact between the council and the A-ddmipistrA- manager, to assist in the
interpretation of the council's objectives so that the implementation of the
council's actions will derive the greatest benefit to the city. This does not preclude
the A—dAmipistrr-v+^r manager discussing problems with council members. All
ordinances and resolutions shall, before they take effect, be presented to the
mayor. If the mayor approves thereof, he Ar she the mayor shall sign the same,
and such as rhie�e the mayor shall not sign shall be returned to the council
with written objections thereto, by depositing the same with the city recorder to
be presented to the council at their next regular meeting thereafter. Upon the
return of any ordinance or resolution by the mayor, the vote by which the same
was passed shall be deemed to have been reconsidered and the questions shall
again be put upon the passage of same notwithstanding the objections of the
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51
mayor; and if, upon such vote, the council shall pass the same by a majority vote
of the incumbent members of the council, it shall have the same effect as if
approved by the mayor. If any ordinance or resolution shall not be returned to
the city recorder by the mayor within five working days after it shall have been
presented to him er "or the same shall have the same force and effect as if
approved by the mayor. It shall be the duty of the city recorder to endorse upon
each ordinance or resolution upon the records of the proceedings of the council
the time when such ordinance or resolution was delivered to the mayor, and the
time when the same shall be returned to the recorder's office by the mayor.
Section 21. CITY ADMINISTRATOR MANAGER.
(A) Qualifications. The cif„ rvGImiAisfrrvfG city manager shall be the
administrative head of the government of the city. The manager
shall be chosen by the mayor and the council, collectively, and as a group,
without regard to political considerations and solely with reference to his Aper
the manager's executive and administrative qualifications. The
manager need not be a resident of the city or of the state at the time of
appointment but promptly thereafter shall become and during his eper their
tenure remain a resident of the city, unless otherwise agreed by the city council.
Before taking office, he Arrshe the manager shall give a bond in such amount and
with such surety as may be approved by the council. The premiums on such bond
shall be paid by the city.
(B) Term. The manager shall be appointed for a-R definite
or indefinite term and may be removed at f"e�Gam;f the mi-vYGP GR any
time by a majority of the council, . Upon any vacancy
occurring in the office of A-dmipisfrry manager A-fier the first rvppGir,finet
P irsi GRt fr- this r-hArfor the council shall fill the office by appointment as soon as
practicable, Gt 4S Rex;;mcofiRg sl G11 rtir-Gpi r-f its i4epiip—p fr- rtiPPGiRt
A—AA- l or A(dPAiAisf PA-f 4
(C) Powers and Duties: The ``pig Az rs ,- Ad di ifies At the A-t pAipisfr/'Yfe city
manager shall .
(1) We A—p She shAll aDevote his AP hertheir entire time to the discharge of
official duties, attend all meetings of the council unless excused therefrom
by the council or mayor, keep the council advised at all times of the affairs
and needs of the city and make reports annually or more frequently if
requested by the council, of all the affairs and departments of the city.
(2) He elp she shGli sSee that all ordinances are enforced and that the
provisions of all franchises, leases, contracts, permits and privileges granted
by the city are observed.
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52
(3) Appoint, supervise, and remove city employees. He A-.r she ShA-nl
rppeiRt r RGI FAGY FeFR Ve ity ReGeFdeF PeliGe Chief Giro Chief Dirtar�frr
cmv-r� cr,-r-�zrtc�Trrc�, -�rc�Trrcr,-oirccrvr
G-f GiRGRr-o DirtaGtGrG P-1 liG \A G kS I ihrGry Direr�f� A ri crfr-r
Pr�r�ror fir�r r-Rd Pr-�rlic Ci i h r-�PPGir�fmor�f r-r romr-�ir-�I Sh -III Iota 4nrifl-i thie
rcti. �v crrr-vrTcrrrv�-a�.n--crrr-ac�v-v-rrrr-n-rc
r- JtaAf Af the rGAGi iAei I. The A-dipAiAicfrAGfpr chGII GPPGiAf rtiAdl PAGY rtarvmc-r�-rvV�,aiT
G�heP �if�G-rc-AGI e mPlGYeec eXGp fy G-S this Gth p""'Ise r peyides
r, �r G rA chGII hGe !ge Rerr-vI ci iv-�tar�ri ci r-�r� GRUArGRf GI A"rtar fhtam (arp(d fhtair "erGrL
With r to frGRSfeF GRr Mpleyee ^
fFeFR eRe dey�ReRt fr theF. He
vvi�iGI�t'°r�ricr-v-i h deam� Se e '-QR#S--IG- th'a '-QRGI G-f� fry r-vr�
ta�Iofr-�IRiRg the i i�.tmvsr
effiGitaRGY iR taG-G-- i r,f thi9m rhe Ar she The manager shall have no control,
however, over the mayor, the council, or the judicial activities of the
municipal judge.
(4) Organize city departments and administrative structure.
(5) neQ�fa�A Act as purchasing agent for all departments of the
city. All purchases shall be made by requisition signed by him or her or a
designee.
(6) neQ�fata All 12) Be responsible for preparing and submitting to the
budget committee the annual budget estimates and such reports as that
body requests.
(7) He A-.r she shGlI s Supervise the operation of all public utilities owned
and operated by the city and shall have general supervision over all city
property.
(8) He A-.r she mGy Q Delegate certain management powers to any
department head; however, the final responsibility for all management
actions shall rest with the manager.
(D) Seats at Council Meetings. The manager and such
other officers as the council designates shall be entitled to sit with the council but
shall have no vote on questions before it. The manager may take
part in all council discussions.
(E) Manager Pro Tem. Whenever the
manager is absent from the city, is temporarily disabled from acting as
manager, or whenever his Aper the manager office becomes
vacant, the council shall appoint ap lmipicfrAipr manager pro tem, who shall
possess the powers and duties of the manager.
tslp-
PrG tem l-iGwever mr-v'r G--Gipt Ar rem Ve G Git y r-ffir ar r-r taFRPI yee eXGe t With
the prr_vr-Il r-f the mG Grit y ref the iAr�i�eQAi PAtaGmIoGt9r-s r-f thie rp- ipr-il No
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Resolution No. 2255
53
manager pro tem shall hold 4& the position as such for more than
four months, and no appointment of aR r- dMiRic+rrv+^r manager pro tem shall be
renewed more than one time.
(F) Interference in Administration and Elections. No member of the
council shall directly or indirectly, by suggestion or otherwise, attempt to influence
or coerce the manager in the making of any appointment or
removal of any officer or employee or in the purchase of supplies; or attempt to
exact any promise relative to any appointment from any candidate for
manager; or discuss directly or indirectly with # the manager the
matter of specific appointments to any city office or employment. A violation of
the foregoing provisions of this section shall be grounds for forfeiture of the office
of the offending member of the council. Nothing in this section shall be construed,
however, as prohibiting the council, while in session, from fully and freely
discussing with or suggesting to the GdMiRiS#G manager anything pertaining to
city affairs or interest of the city. TIC FRPlGYee ^f�he G4�Gll +Gke r,Gr+
SeG iHRg GP r GRtrib tiRg GRY FRGReytGWGPd, thtemir -v+i A—A r-r eite^+iA—A r,f A-pry
G-GRUdi UdG+o fGr G PA1 iRi Gi P G I G f f i Go
(G) Ineligible Persons. Neither the manager's spouse nor
any person related to the manager or his Aper their spouse by
consanguinity with affinity within the third degree may hold any appointive office
or employment within the city.
Section 22. MUNICIPAL JUDGE.
(A) The municipal judge shall be the judicial officer of the city. He A
&h& They must be a member of the Oregon State Bar. He,A-.r she m e and a
resident of the State of Oregon, but need not be a resident of the city.
(B) He or she The municipal judge shall hold within the city a court
known as the municipal court for the city of Woodburn, Marion County, Oregon.
The court shall be open for the transaction of judicial business at times specified
by the council. All area within the city shall be within the territorial jurisdiction of
the court. The municipal judge shall exercise original and exclusive jurisdiction of
all offenses defined and made punishable by ordinances of the city and of all
actions brought to recover or enforce forfeitures or penalties defined or
authorized by ordinances of the city.
(C) He Ar she The municipal judge shall have authority to issue process
for the arrest of any person accused of an offense against the ordinances of the
city, to commit any such person to jail or admit him ^r "or them to bail pending
trial, to issue subpoenas, to compel witnesses to appear and testify in court on the
trial of any cause before the court, to compel obedience to such subpoenas, to
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54
issue any process necessary to carry into effect the judgments of the court, and
to punish witnesses and others for contempt of court.
(D) When not governed by ordinances or this charter, all proceedings in
the municipal court for violation of a city ordinance shall be governed by the
applicable general laws of the state governing justices of the peace and justice
courts.
Section 23. RECORDER. The recorder shall serve ex-officio as clerk of the
council, attend all its meetings unless excused therefrom by the council, keep an
accurate record of its proceedings, and sign all orders on the treasury. In the
recorder's absence or inability to perform duties of office, the
manager shall appoint a recorder pro tem, who while acting in that capacity,
shall have all the authority and duties of the recorder.
Section 24. CITY ATTORNEY. The City attorney shall perform all professional
services incidental to the office, and shall appear and conduct all suits,
prosecutions, and proceedings, civil or criminal, in which the City of Woodburn is
directly or indirectly interested; and shall, when required, furnish opinions upon
any subject pertaining to the affairs of the said city submitted by the council or its
committees.; he ^r she The city attorney shall also advise with and counsel all city
officers in respect to their official duties and attend the regular meetings of the
council and of such committees and boards as shall request his er assistance.
CHAPTER VI
ELECTIONS
Section 25. REGULAR ELECTIONS. gity eleGtiG.As Sn^ll Iota hialrJ ir, rti^^r,rr 1rtir,^o
With r pp'i^r bee #Gte eleGfieR IGWS The r�eGeFd rci GRt to diFeGtieRS fr^rn fb,o
rYTGil hG11 giVe At lorticf for, r-GyS' RGiiGo r,f '-QA-Gh Gity eleGtiGR by PG#iRg RGtir�o
ror,f rtif G r GRS iG1 i^i is PIrvr-o ire thte G4Y hrtill G—Ad ire f\A G Gfher Pl i19'iG PIGS
4114 i he e AG-tir�o ShA-ll cfrtifo the f�cors f��rvfo�T�llr-f ^�fr
49A-G- i mortice R-9 fr^ ho i for l i iPGR r RGI tht-9 4A49 r�r-1 � f the �r�fiGR City
ccr��.rv-.�c�-v��rE�-rti. , � �--n--r� crTv� �1
elections must conform to state law except as this charter or ordinances provide
otherwise. All elections for city offices must be nonpartisan.
Section 26. TIE VOTES. In the event of a tie vote for candidates for elective
office, the successful candidate shall be determined by a public drawing of lots
in a manner prescribed by the council.
Section 27. COMMENCEMENT OF TERMS OF OFFICE. The term of office of a
person elected at a regular city election shall commence with the first regular
council meeting in the month following the election.
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Section 28. OATH OR AFFIRMATION. All elective officers, the municipal
judge, the r-ity GdMiRiS#Gter city manager, and the city attorney, before entering
upon the duties of their offices, shall subscribe and file with the head of the
department in charge of city records, an oath or affirmation of office. The oath
shall read: "I , do solemnly swear that I will support the constitution of
the United States and of the State of Oregon, uphold the charter and
ordinances of the City, and that I will, to the best of my ability, faithfully perform
the duties of during my continuance therein, so help me God."
If the person affirms, instead of the last clause of the oath, there shall be stated:
"And this I do affirm under the pains and penalties of perjury."
Section 29. NOMINATION. Nomination of a candidate for an elective office
shall be in a manner prescribed by ordinance.
CHAPTER VII
VACANCIES IN OFFICE
Section 30. WHAT CREATES A VACANCY. AR
effir- e ShA-11 lbe tdeemetd
I IY'lGR thte iRGA Imh4-94S rfor�fl�• G 111 diG -for-1 iRr-r-FRpet • GGRViGtiGA r-f A felr-p\/•
G- ier Gf#p`"� y r-�erfiRiRg tG hic or GffiGe, re GP I Irilr \A/f1 II r locfn Ir�fir�ri f p bliG
ro�Gc• ro�Si'"'r`"v'rittGtiGR; reGGII frGm GffiGe; iR tht-9 v� G-f 4-9149r-fotd A-ffir--Aers r the Gity
r (dFAiAicfrr- GP �Iicr�r�r�fir�I Irvr�r�o r-f rocir-JoRGY \e/4hiR the G4Y lirnifc ,ter fl�o "A' rrJ Ire
a a--rc�n�crr {�I-cr-rr
�\A-v1hl-irclr-r vrr cm-o\n/r-c olor�for-1,• �r �o -ciry fy r �ccocc f- o r-I Ir-Ilfl �r-fl �ric f �r fl- o �ffir�o•
,
1,JPG R fhte fr-vill Iro Gf fi--r e PePScTre r-fort GP r-vPPGiR ed fr, thte GffiGe fG 91 Ir-4f-y
fb, e/ithiR f o fimo fr-r hic ppr forrn of ffirAe f
lT� �T �Gr11T� TrGT'1"IT�.7T�TT'Gl�
r"`�T RGe; GP Il vAt-9 \S Gf G FRG Gr GP
GGi IRGIIGr' I IrlGR his ^r
ffrr��'a Gif\/�3 GIGYS n/ifhGI If fho �SoAf�� ` 'rGiiI vA-r YwPGR his
G-r her coRGo frr-rvm mt oo9s��e� r�--E \n/i�IOI_fr
GeRS , GRGIYpeR GI "'������R {��e by the GeURGIl ref the VGGGRGY. The mayor or a
council office becomes vacant:
(A) Upon the incumbent's:
(1) Death;
(2) Resignation;
(3) Adjudicated incompetence; or
(4) Recall from the office.
(B) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of
office is to begin;
(2) Absence from the city for 30 days or from all council meetings within
a 60-day period without council consent;
(3) Ceasing to reside within the boundaries of the city or the ward in
which they were elected;
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Resolution No. 2255
56
(4) Ceasing to be a qualified elector under state law,
(5) Conviction of a felony crime; or
(6) Removal under Section 21(F).
Section 31. FILLING OF VACANCIES. Vacant elective offices in the city shall
be filled by appointment by the mayor. A majority vote of the council shall be
required to approve the appointment. As little as a single council member may
constitute a majority for purposes of filling vacant council seat(s), if all other
council seats are vacant. The appointee's term of office shall begin immediately
upon his Aper appointment and shall continue throughout the unexpired term of
",�,S-elp her-their predecessor.
CHAPTER Vill
ORDINANCES
Section 32. ENACTING CLAUSE. T„e—Ptak GI c^ At ^"
hc�ee#er eU fa^� e-C' ". The council
will exercise its legislative authority by adopting ordinances. The enacting clause
for all ordinances must state "The City of Woodburn ordains as follows."
Section 33. MODE OF ENACTMENT
(1) Except as the second and third paragraphs of this section provide
to the contrary, every ordinance of the council shall, before being put upon its
final passage, be fully and distinctly read in open council meeting on two
different days.
(2) Except as the third paragraph of this section provides to the
contrary, an ordinance may be enacted at a single meeting of the council by
unanimous vote of all council members present, upon being first read in full
and then by title.
(3) Any of the readings may be by title only if no council member
present at the meeting requests to have the ordinance read in full or if a copy
of the ordinance is provided for each council member and three copies
are provided for public inspection in the office of the city recorder not later
than one week before the first reading of the ordinance and if notice of their
availability is given forthwith upon the filing, by written notice posted at the city
hall and two other public places in the city or by advertisement in a newspaper
of general circulation in the city. An ordinance enacted after being read by
title alone may have no legal effect if it differs substantially from its terms as it
was thus filed prior to such reading, unless each section incorporating such a
difference is read fully and distinctly in open council meeting as finally
amended prior to being approved by the council.
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57
(4) Upon the final vote on an ordinance, the ayes and nays of the
members shall be taken and entered in the record of proceedings.
(5) Upon the enactment of an ordinance, the recorder shall sign it with
the date of its passage and his Aper the recorder's name and title of office.
Section 34. WHEN ORDINANCES TAKE EFFECT. An ordinance enacted by the
council shall take effect on the thirtieth day after its enactment. When the council
deems it advisable, however, an ordinance may provide a later time for it to take
effect, and in case of emergency, it may take effect immediately.
CHAPTER IX
PUBLIC IMPROVEMENTS
Section 35. CONDEMNATION. Any necessity of taking property for the city
by condemnation shall be determined by the council and declared by a
resolution of the council describing the property and stating the uses to which it
shall be devoted.
Section 36. IMPROVEMENTS. The procedure for making, altering, vacating,
or abandoning a public improvement shall be governed by general ordinance
or, to the extent not so governed, by the applicable general laws of the state.
Action on any proposed public improvement, except a sidewalk or except an
improvement unanimously declared by the council to be needed at once
because of an emergency, shall be suspended for six months upon a
remonstrance thereto by the owners of a majority of the land to be specially
assessed therefor. In this section, "owner' shall mean the record holder of legal
title, or where land is being purchased under a land sale contract recorded or
verified to the recorder in writing by the record holder of legal title to the land, the
purchaser shall be deemed the "owner."
Section 37. SPECIAL ASSESSMENTS. The procedure for levying, collecting,
and enforcing the payment of special assessments for public improvements or
other services to be charged against real property shall be governed by
ordinance.
Section 38. DEBT LIMIT. EXGept by the v�svr,f r,f the \ GtePS� i�y'c
\/GI ir\fr-�r\/ fIGGtiRg ir\r lohf� o ����rvl���r�o�$5,nnn nn rvfTTi-�r\\/ r-r\o `f'i"mia
eXGep� GS Pe rmi#ed 19Y CfGt'Q \e/ FGP P1 irP f r rvlr i Ilrvflr\ry fhte 1iPA4 f�r
l-\A\m A/j lo.y.III\/ /vi i hGPi�(diebt G-f thte r- 4y iR �Vlcf�v �At the firno fl\ic
rti4er f�Te f f er--i S ia derocrca rhir tiiS hAII hr-v\/e fhe fhGrif\/
Tc��'al _bGr\UAc ir\ r-vr\ rvrnr\i ir\f fhGf hGs bee r\ GPPrG\/ed 19\/ G FRrviGnf\/ of the Vor\Ter&
At A—A e L--rlheld fGr T fhGt p irp se. All (cif\/ Gffi�-ViAdomr\!Gyeoc \ /hprrc-rt9
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Resolution No. 2255
58
vier Ili rvPPPGVe rvrYQohf� o �� e)(GeSS A-f thic limifrvfir-A SAG!! be ire R4y
GRd seve rGil„ liGble fer the e)(Gecc. City indebtedness may not exceed debt limits
imposed by state law. A charter amendment is not required to authorize city
indebtedness.
CHAPTER X
MISCELLANEOUS PROVISIONS
Section 39. EXISTING ORDINANCE CONTINUED. All ordinances of the city
consistent with this charter and in force when it takes effect shall remain in effect
until amended or repealed.
Section 40. REPEAL OF PREVIOUSLY ENACTED PROVISIONS. All charter
provisions of the city enacted prior to the time that this charter takes effect are
hereby repealed. eXGept the r,r„"ici„R ref Ql-iGPter IV, SeGtiGR 25 ref the PPeViG is
rti4 dder-d b i GFRe R d FRoRf GdGPt}o�r.-,1,,.Gt GR �r-fi�ToId r-A ��lA�i 17 19 46,
ai.-J�a—A G-.FA'r'ciAaFA Rf GdGpfe.-J .-�f .-�A e�G-tiG— rIgoId GR MGY 19 1962, Gr, fAI�vrtv%r/T
"ScGtiG r25. POWER TO LEVY T�--rr�rhiP r-AmmGR GGi iR� hA-11 hG\/e PG n e�
fG GS levy, GRG1 .-✓,Ilo.-f frvvoc fir rv✓�r�orrvl rni iv�i ivl P1 irr� PGR
rc�-cr���S�, arra--c-vrrcc�--ra�cc��vrgTrc�-a�-rrrrn�r ��5--��pv��
GGi iRt i Pi irr� �S; r�rr��iided iR r-1ifir-rR fhcrCt�t, the-�G RG-il Fi y
GRR i GSS S, leVy, i-vR d . G'"arvf G frvv r,r,f fr, throe PAWS A—A thg
G-A-1-IRTG-41 FAGY Gf GRY fimo fh'-Q r47 hG11 hG io rRdiRg 19GRdc, GSSess,
levy, G1 .-✓,Ilo.-f G-RR1 iGlly G1G-v�ti 4-944r ooi-1 A-vPo ttept , ✓,f ci ir--h
r-i Ifcf/'Yrl(diR✓Y hGRdS i- R(d rtiRR Gl i4arocf thePeGR fr�r the P irr�r�co
crc�rT��-cvrr�c�r�-rrc-�v rpv
r cSIJ.Gh 19GAd-1; vAd the PGYFrne ref G-f th'a i4ePecf thieree—A "
A Ad the PPGViciGR ✓,f QhGpr er Y SeGfiGR 1 1 f fhe pPeViG-i is l G-4 i d'-9i-1
crn�c�-rvrr-r�� C rarr
by G.m.eAd.m.ept Gr-dGpfer-d i-vf rtiA elerfiip- held AGri AAA-rr--hr6,19✓18 Gs fp11A nis
Se 1 .1A G(-li-lifiG—A fG Gl1 Gth'-Qr fGvoc Gi IthGri-7oi-1 19y fhe r�l- A-4'-Qr Gf th
ac �TrarrcT-vr-rrTc
gity ref \ A-A-r-lhi irA i-vR d r PGVir-lor-1 fr-r iR th'a hi 1(d! et ref crtiid e
GGFRFRGR r-A-i iRG-41 SaGll levy G fGX ✓,f 5 FRillc 1 iPGR eG f tA44Ah'iQ
PPGPePty \niiihiR tht-9 rGrPGPGte Ii if��f the gity ref iR th'Q fic T
Yerti�r 104849 fGPhe PYPPGSe Gf PrGVidiR!g ReGeSSGr\i GP eXpedieRt
mivirf�rivrr o fr-r i-vR d ci ire R ref the r�rtirlic r�IGY!- PG iRdS i- R(d r inter
-rTan-rr�t.�--ai-ra�c�p , ,�rrra-vrr-rcr
PI iI9'ir� YD/�YD IV fI II YI IVI frvr-ilifioc ✓,f SGid Goy GRUA i- ' ifl GP4iRg fhe r1�R
pti�rrc-rc rrcr-'�-r� c�r�-rrrc�"
rcv'vTTtii ip- i.ATr--1 dde ip its b idgef fGr fiSGGI YeGPc ci iGGeediRg the fiSGGI Yee
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Page 1 - Council Bill No. 3286
Resolution No. 2255
60
�i �.. Ag4,-.44 fun.-
WWODBURN
In or� arn reA 188
August 11, 2025
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
McKenzie Granum, Assistant City Attorney
SUBJECT: National Opioid Litigation - Participation in Purdue Pharma and
Sackler Family Settlement and Second-Tier Manufacturer Settlement
RECOMMENDATION:
Approve the City's participation in- and authorize the City Administrator to sign
participation forms and associated releases for the Purdue Pharma and Sackler
Family settlement and the Second-Tier Manufacturer Settlement as part of the
National Opioid Litigation Settlement process.
BACKGROUND:
In 2021 , nationwide settlements were reached to resolve all Opioid litigation
brought by states and local political subdivisions against the three largest
pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen
("Distributors"), and manufacturer Janssen Pharmaceuticals, Inc. and its parent
company Johnson & Johnson (collectively, "J&J"). At that time the City joined the
State of Oregon and other local governments to opt-into those settlements and
begin receiving an allocated portion of the State's $332 million share of the
settlement funds.
Since 2021, the City has also joined or agreed to participate in further settlements
with other commercial distributors including, Kroger Co., Walmart, CVS, and
Walgreens, and pharmaceutical manufacturers, Teva and Allergan, pursuant to
the terms and conditions outlined in the previously adopted Oregon Intrastate
Allocation Agreement.
Funds received by the City through these settlements are reserved in a
dedicated fund for opioid abatement purposes per the national settlement
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_
61
Honorable Mayor and City Council
August 11, 2025
Page 2
agreements (Approved Abatement Uses).' The City's current fund balance of
opioid settlement funds is $75,800. Just this spring, the Council directed a
budgeted amount of $120,000 to go to Bridgeway Community Health to provide
outpatient substance use treatment at the Woodburn Family Resource Center.
Annually, the City also delivers a report to the Oregon DOJ regarding how it has
expended settlements funds during the previous fiscal year and certifies that
funds are expended in compliance with the settlement agreements.
In addition to the settlements already authorized above, the City recently
received notice of two new nationwide settlements:
• Purdue Pharma and Sackler Family Settlement; being implemented in
connection with Purdue's bankruptcy proceedings, and consists of, among
other things, a settlement of Purdue's claims against the Sacklers (Oregon's
share of the settlement will be up to approximately $66 million, received
over 9 years); and
• Second-Tier Manufacturer Settlement (involves 8 defendants, with
Oregon's share of the settlement being up to $10.1 million in all).
o Alvogen Inc. to immediately pay;
o Amneal Pharmaceuticals Inc. to pay over 10 years, and provide
either its generic version of the drug Narcan or up to an additional
amount of cash;
o Apotex Inc. to immediately pay;
o Hikma Pharmaceuticals USA, Inc. to immediately pay;
o Indivior Inc. to pay over five years, a portion of which, at the
election of the state, could be paid in the form of Indivior's branded
buprenorphine and/or nalmefene products;
o Mylan Pharmaceuticals Inc. to pay over nine years;
o Sun Pharmaceutical Industries, Inc. to immediately pay; and
o Zydus Pharmaceuticals (USA) Inc. to immediately pay.
DISCUSSION:
Woodburn has been identified as an eligible local government to participate in
both the Purdue Pharma and Second-Tier Manufacturer settlements. The Oregon
DOJ is recommending that local government subdivisions sign on to both
'The settlement agreements allow for funds to be directed toward a broad range of approved
abatement uses by state and local governments. Developed in consultation with the nation's
leading public health experts, the list of pre-approved uses includes a wide range of
intervention, treatment, education, and recovery services so that state and local governments
can decide what will best serve their communities.
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Honorable Mayor and City Council
August 11, 2025
Page 3
settlements as soon as possible in order to be considered for initial participation
calculations and aid the State in earning the maximum potential payment under
the Settlements.
The allocation of Opioid Settlement Funds to be derived from these settlements
will be distributed to Woodburn under the same terms and conditions the City
previously agreed to in the Oregon Intrastate Allocation Agreement (authorized
and signed in 2021 ). Substantive terms and conditions of that agreement
include:
Allocation of Funds
• 45% of total settlement funds go directly to the State ("State Fund")
• 55% of total settlement funds go directly to Local Governments ("Local
Government Fund")
o Funds will be allocated amongst identified cities and counties
based upon a population metric that has been set by the litigating
parties
Use of Local Government Funds
• Local Governments must direct all funds for approved opioid
abatement purposes
• Local Governments shall maintain detailed records of expenditures
and comply with certain reporting requirements
Release of Claims
• All parties agree to release all claims and to participate in the
associated settlement agreements
Given the City's size and more limited resources, it is both practical and
reasonable to join these settlements and agree to the proposed release of
claims in exchange for the given financial award because the City would likely
have no other recourse or ability to bring its own lawsuit against Purdue Pharma
and the named second-tier manufacturers. Should the City decline to
participate at this time, it would be foregoing the initial settlement window that
provides the greatest incentive for increased funds for the City and State under
the agreements.
FINANCIAL IMPACT:
By signing onto the settlements and executing the associated releases, Woodburn
would become a participating subdivision that would receive direct payments
from Purdue Pharma and the Second-Tier Manufacturers.
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Honorable Mayor and City Council
August 11, 2025
Page 4
The exact dollar amounts the City should expect to receive is based on the
allocation metric that is part of the Intrastate Allocation Agreement (See
Attachment). All future settlement dollars the City receives will be set aside in their
own fund to be used only as permitted by the settlement agreements.
ATTACHMENTS:
OR Participating Subdivision and Local Allocations Table
64
Exhibit A
OR PARTICIPATING SUBDIVISIONS
AND LOCAL ALLOCATIONS
Participating Subdivision Percentages
Albany City 1.1574421234%
Ashland City 0.5725593238%
Astoria City 0.1859283065%
Baker County 0.4771636205%
Beaverton City 0.9709676029%
Bend City 0.9443519043%
Benton County 1.0219885306%
Canby City 0.1716812437%
Central Point City 0.1718730043%
Clackamas County 7.7713142577%
Clatsop County 1.1423692099%
Columbia County 1.0096699413%
Coos Bay City 0.2538945929%
Coos County 1.5633002470%
Cornelius City 0.0949750265%
Corvallis City 0.6633711425%
Cottage Grove City 0.0910229575%
Crook County 0.3513229911%
Curry County 0.7612961295%
Dallas City 0.1606964683%
Deschutes County 2.2569753600%
Douglas County 2.5689481047%
Eugene City 2.7611039932%
Forest Grove City 0.2522169415%
Gladstone City 0.1181360032%
Grants Pass City 0.8232581895%
Gresham City 0.9831942718%
Happy Valley City 0.0103506009%
Hermiston City 0.1316304314%
Hillsboro City 1.5083519364%
Hood River County 0.3553687498%
Independence City 0.0808970601%
Jackson County 4.0769510640%
Jefferson County 0.3674692915%
Josephine County 1.6536523798%
1
65
Exhibit A
Keizer City 0.1916558451%
Klamath County 1.2169628601%
Klamath Falls City 0.3209275214%
La Grande City 0.2715648669%
Lake Oswego City 0.6934160342%
Lane County 6.3326808234%
Lebanon City 0.3269345282%
Lincoln County 1.5190343268%
Linn County 1.8185376689%
Malheur County 0.5014027023%
Marion County 4.1636475308%
McMinnville City 0.4803592635%
Medford City 1.5540758598%
Milwaukie City 0.2113647118%
Monmouth City 0.0706960930%
Morrow County 0.1351544937%
Multnomah County 13.9643815662%
Newberg City 0.4093257361%
Newport City 0.1908392623%
Ontario Cit 0.1869780182%
Oregon City 0.2765040475%
Pendleton City 0.3521049458%
Polk County 0.7074299681%
Portland City 8.2736702858%
Prineville City 0.0924861843%
Redmond City 0.1550311086%
Roseburg City 0.6370799877%
Salem City 3.0438221421%
Sandy City 0.0775015682%
Sherwood City 0.1404204928%
Silverton City 0.0775630731%
Springfield City 1.1667234659%
St. Helens City 0.1964453077%
The Dalles City 0.1723418738%
Tigard City 0.5049875956%
Tillamook County 0.9001228870%
Troutdale City 0.0899929610%
Tualatin City 0.1551565618%
Umatilla County 0.9738633884%
2
66
Exhibit A
Union County 0.4153841374%
Wasco County 0.4116278731%
Washington County 7.2167622210%
West Linn City 0.1600504983%
Wilsonville City 0.1383351396%
Woodburn City 0.2069349266%
Yamhill County 1.4120246444%
3
67
4�4?4 4'*7 N
g Pi�e� Item
WTOODBURN
Inc orpornreA 1889
August 11 , 2025
TO: Honorable Mayor and City Council (Acting as the Local Contract
Review Board) through City Administrator
FROM: Curtis Stultz, Public Works Director
SUBJECT: Award a Contract for Preliminary Design for the Evergreen Road
Intersection Improvements at Stacy Allison Way, W Hayes Street, and
Harvard Drive Project to Harper Houf Peterson Righellis Inc (HHPR).
RECOMMENDATION:
Award a contract for Preliminary design work for the Evergreen Road Intersection
Improvements to Stacy Allison Way, W Hayes Street, and Harvard Drive project to
Harper Houf Peterson Righellis Inc. (HHPR) in the amount of $271 ,770.70 and
authorize the City Administrator to sign the contract.
BACKGROUND:
Staff utilized a Request for Proposals (RFP) process to solicit engineering and design
services for the proposed project, and the RFP was advertised on the City website
and in the Daily Journal of Commerce. Staff received a total of three proposals
that satisfied the requirements of the RFP. Staff reviewed all three proposals in
accordance with the RFP guidelines and state requirements (ORS 279C.105). After
a thorough evaluation process, the review committee recommended Harper Houf
Peterson Righellis, Inc. as the highest-ranking proposer. City staff proceeded to
negotiate a scope of work and fee for services to complete the preliminary design
and bid package work.
Harper Houf Peterson Righellis, Inc. is a well-qualified firm and familiar and
experienced with intersection improvements projects throughout Oregon. The
negotiated contract for preliminary design work for this project is in the amount of
$271,770.70
DISCUSSION:
The scope of work includes preliminary design to reconfigure and or modify the
traffic control at the intersections of Evergreen Road and Stacy Allison Way,
Agenda Item Review: City Administrator_X City Attorney_X Finance_X_
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Honorable Mayor and City Council
August 11, 2025
Page 2
Evergreen Road and W Hayes Street, and Evergreen Road and Harvard Drive, as
well as improving the existing street cross-section of Stacy Allison Way between
Evergreen Road and Hooper Street to meet current City standards for a minor
arterial roadway. Design services for the Evergreen intersections with Stacy Allison
Way and W Hayes Street will include developed preliminary design with options
that we may consider, such as having a roundabout at each intersection, having
a roundabout at one intersection and a traffic signal at the other, or a traffic signal
at each intersection when warranted. The Evergreen Road and Harvard Drive
intersection service will include design concepts, based on recommended
improvements to the intersections of Evergreen Road and Stacy Allison Way and
Evergreen Road and W Hayes Street.
The procurement process for soliciting these services and the contract award is in
conformance with public contracting laws of the State of Oregon as outlined in
ORS Chapter 279 and the laws and regulations of the City of Woodburn. Staff
recommend the contract be awarded to the highest ranked proposer.
FINANCIAL IMPACT:
The Personal Services Contract will be funded from the City's Transportation SDC
and Street & Storm capital constructions funds.
69
Ig .,49w&
WWODBURN
Inc orpornreA 1889
August 11, 2025
TO: Honorable Mayor and City Council (acting in its capacity as the
Local Contract Review Board) through City Administrator
FROM: Curtis Stultz, Public Works Director
SUBJECT: Modification of Award Amount of Construction Contract for the 2025
Pavement Maintenance Project
RECOMMENDATION:
Modify the award amount for the construction contract for the 2025 Pavement
Maintenance Project to the lowest responsible bidder, Knife River Corporation
Northwest, in the amount of $449,052.00 and approve an additional $60,000 for
this project as a contingency for potential change orders that may arise during
construction.
BACKGROUND:
The subject Project is identified in the approved budget for fiscal year 2025-2026.
This project enhances pedestrian safety within the Washington Elementary School
Zone and performs maintenance of existing pavement at various locations within
the City.
Bids for the Project were publicly opened June 25, 2025. Twenty (20) bids were
received, and the results are as follows:
Knife River Corporation Northwest $449,052.00
Jesse Rodriguez Construction LLC $489,086.00
K & E Paving Inc., DBA H & H Paving $497,695.69
Roy Houck Construction LLC $508,246.10
North Santiam Paving Co. $517,572.50
The Engineer's Estimate for the project was: $534,938.10
Agenda Item Review: City Administrator_x_ City Attorney_x Finance_x_
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Honorable Mayor and City Council
August 11, 2025
Page 2
DISCUSSION:
This was awarded at the July 14. 2025, meeting to Knife River Corporation
Northwest in the amount of $392,109.75. However, the award amount was
incorrect.
FINANCIAL IMPACT:
The subject project is identified in the adopted fiscal year 2025/26 Budget and
funded by the Street Fund (Fund 140) and DOT Fund Exchange (Fund 140).
71
4?4
�i �" Ag4,-.44 fun.-
WboibBURN
In orarn reA 188
August 11, 2025
TO: Mayor and City Council (acting as the local contract review board)
THROUGH: Jason Millican, Chief of Police
FROM: Andy Shadrin, Deputy Chief
SUBJECT: Leasing Specialists, LLC. Contract Award
RECOMMENDATION:
Award a police vehicle contract in the amount of $179,476.00 (Total estimated
contract price over the next four years) to Leasing Specialists, LLC., with an
additional contingency of $20,000 authorized to account for increases in the final
outfitting costs and financing of the vehicles, and authorize the City Administrator
or his designee to sign the lease agreement
BACKGROUND:
The Police Department currently has two marked patrol vehicles assigned to the
patrol division that are now over five years old and due for replacement because
of the mileage and additional service needs. The Police Department wants to
lease two replacement patrol vehicles, either two Dodge Durangos or two Ford
Explorer SUV's or a combination thereof.
DISCUSSION:
Pursuant to ORS 279A.215, the City may utilize a price agreement established
through a permissive cooperative procurement to award a contract for goods
and services. This process is in lieu of the City pursuing its own formal competitive
selection process.
Employing the Oregon Cooperative Purchasing Program, which provided
established competitive price quotes for Ford and Dodge vehicle leases, the City
identified Leasing Specialists, LLC., as a suitable vendor for leasing police vehicles.
Leasing Specialists, LLC., was able to offer the vehicle lease to the City at the
Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x_
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Mayor and City Council
August 11, 2025
Page 2
Oregon State contracted price with a competitive interest rate and stipulate to
the ability to take delivery and make the first payment during the 2025/2026 fiscal
year. The Police Department will be leasing two vehicles (2 Dodge Durangos or 2
Ford Explorers or a combination thereof) through this program. The pricing also
includes all the necessary equipment for outfitting the vehicles mentioned.
The overall lease agreement for the two vehicles is based on financing vehicles,
outfitting costs, and leasing terms that are only valid for thirty days. Due to the
delay in manufacturing and delivery of any ordered vehicles, vehicle outfitting
cost estimates will have to be resubmitted upon delivery of the vehicle orders and
will undoubtedly be higher in cost. Financing terms are also subject to market
conditions and will also need to be resubmitted within thirty days of delivery of the
vehicle orders and therefore the lease contract amount above is subject to and
expected to change.
This staff report is to authorize the Police Department to enter into a lease
agreement for the 25/26 fiscal year and to also provide the necessary purchase
agreements to Dodge Manufacturing and/or Ford Manufacturing to secure the
order of the above-described police vehicles.
FINANCIAL IMPACT:
The City will pay a total vehicle lease rate estimate of at least $44,869.00 per year
for the next four years ($179,476.00, total contract price [subject to change upon
final outfitting costs and lease agreements finalization]). The Police Department's
existing budget will cover the expenses.
73