April 20, 2015 Special Meeting Agenda
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ITY OF OODBURN
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OBERT ARNEYOUNCILOR ARD
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HARON CHAUBOUNCILOR ARD
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PECIAL MEETING
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A20,2015–6:30..
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CHCC–270MS
ITY ALL OUNCIL HAMBERS ONTGOMERY TREET
1.CALL TO ORDER AND FLAG SALUTE
2.ROLL CALL
–Members of the public wishing to comment on items of general
3.GENERAL BUSINESS
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 2979-A Resolution Approving the Framework for 1
Mediation Settlement Agreement Between the City of Woodburn
and Marion County, Oregon Department of Land Conservation
and Development, 1000 Friends of Oregon, Friends of Marion
County, Theodora Schrier, Kathleen Carl, Diane Mikkelson and
Marion County Farm Bureau.
Recommended Action:Adopt the attached resolution
approving the Framework for Mediation Settlement Agreement
as tentatively agreed to by the City's UGB Negotiation Team,
1000 Friends of Oregon and other involved parties.
4.ADJOURNMENT
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318at least 24 hours prior to this meeting.
**Habrá intérpretes disponibles para aquéllas personas que no hablan Inglés, previo acuerdo.
Comuníquese al (503) 980-2485.**
April20, 2015Council Agenda Page i
Agenda Item
April 20, 2015
TO:Honorable Mayor and City Council
FROM: The City's UGB Negotiation Team
SUBJECT:
Urban Growth Boundary Framework for Mediation Settlement
Agreement
RECOMMENDATION:
Adopt the attached resolution approving the Framework for Mediation
Settlement Agreementas tentatively agreed to by the City's UGB Negotiation
Team, 1000 Friends of Oregon and other involved parties.
BACKGROUND:
On March 9, 2015 the City Council appointed Mayor Figley, Council President
Frank Lonergan and former City Council President Pete McCallum to represent
the City supported by the City Administrator, legal department and planning
department asthe City's UGB Negotiation Team for mediation.
Upon extensive discussion of available optionsto move forward, the CityCouncil
decided to enter mediation withtheparties ofthe last appeal includingMarion
County, Oregon Department of Land Conservation and Development, 1000
Friends of Oregon, Friends of Marion County,Theodora Schrier,Kathleen Carl,
Diane Mikkelson and the Marion County Farm Bureau to resolve the outstanding
issues surrounding the appeal and the UGB expansion.
After two mediation sessions(March 30andApril 14, 2015), the parties have
tentativelyagreed to a Framework for Mediation Settlement Agreement which is
now before Council for approval.
DISCUSSION:
The Framework For Mediation Settlement Agreement sets forth that the City’s
proposed UGB approved in LCDC’s order dated March 16, 2011will be amended
as shown in the map labeled Exhibit A and is generally described as follows:
Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___
1
Honorable Mayor and City Council
April 20, 2015
Page 2
Addition of a 20-year expansion limitation condition west of Butteville
Road NE.
Addition of a 20-year expansion limitation conditionnortheast of
Highway 99E.
Not including approximately 230 acres east of the intersection of
Butteville Road NE and Parr Road NE, and to designate the land as
Urban Reserve.
Not including approximately 121 acres of residential land south of
Crosby Road.
Not including the approximately 14 acres of residential land east of
Highway 99E.
The Agreement also includes a Procedures and Timeline as Exhibit B that sets forth
a series of stepsand an approximate timeline in which those steps areto be
accomplished. These steps willinvolvesignificant collaboration with the State,
Countyand the other interested parties.
Council’sresolution to approve the Agreement will begin the outlined processof
obtaining a final order from LCDC on the amended UGB expansion.This
Framework Agreement will be presented to the Marion County Board of
Commissioners for approval.
FINANCIAL IMPACT:
This Framework Agreement does not have direct financial impacts at the present
time.
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COUNCIL BILL NO. 2979
RESOLUTION NO. 2059
A RESOLUTION APPROVING THE FRAMEWORK FOR MEDIATION SETTLEMENT
AGREEMENT BETWEEN THE CITY OF WOODBURN AND MARION COUNTY, OREGON
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, 1000 FRIENDS OF
OREGON, FRIENDS OF MARION COUNTY, THEODORA SCHRIER, KATHLEEN CARL,
DIANE MIKKELSON AND MARION COUNTY FARM BUREAU.
the City of Woodburn entered into mediation on March 30, 2015
WHEREAS,
with Marion County, Oregon Department of Land Conservation and Development,
1000 Friends of Oregon, Friends of Marion County, Theodora Schrier, Kathleen Carl,
Diane Mikkelson and Marion County Farm Bureau (collectively the “Parties”)to
resolve outstanding issues concerning the City’s Urban Growth Boundary (UGB)
expansion; and
the Parties reached tentative agreement on a Framework for
WHEREAS,
Mediation Settlement Agreement on April 14, 2015; and
the City desires to approve and begin implementation of the
WHEREAS,
Framework Agreement;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
The Framework for Mediation Settlement Agreement is approved
Section 1.
and the Mayor is authorized to sign said Agreement between the City of Woodburn
andthe Parties, a copy of which is affixed hereto as Attachment “A” and, by this
reference, incorporated herein.
Approved as to form:
City AttorneyDate
Approved:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
Page 1 - COUNCIL BILL NO. 2979
RESOLUTION NO. 2059
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ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2979
RESOLUTION NO. 2059
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Attachment A
FRAMEWORK FOR
MEDIATION SETTLEMENT AGREEMENT
This Framework for Mediation Settlement Agreement (Agreement) is made by and between
the City of Woodburn City,Oregon Department of Land
1000 Friends of Oregon, Friends of Marion County,
Theodora Schrier, Kathleen Carl, Diane Mikkelson and Marion County Farm Bure
.
RECITALS
A.The Parties entered into mediation on March 30, 2015 to resolve issues and continued
litigation related to amendment.
B.The Parties have successfully reached agreement on a conceptual map of the Woodburn
UGB amendment.
C.The Parties now desire to begin the process of implementing this Agreement and provide
atimeline to complete the UGB amendment.
NOW, THEREFORE,
the parties hereby agree as follows:
AGREEMENT
ARTICLE 1
Proposed UGB Amended
1.1Amendment to Proposed UGB.
The proposed UGB approved in
LCDC order dated March 16, 2011 shall be amended as shown in the attached Exhibit A
and generally described as follows:
1.1.1
Addition of a 20 year expansion limitation condition west of Butteville Road NE.
1.1.2
Addition of a 20 year expansion limitation condition northeast of Hwy 99 E.
1.1.3
Not include the approximately 230 acres east of the intersection of Butteville Rd
NE and Parr Rd NE and designate the landas Urban Reserve.
1.1.4
Not include the approximately 121 acres of residential land south of Crosby Rd.
1.1.5
Not include the approximately 14 acres of residential land east of Hwy 99E.
ARTICLE 2
Settlement of Litigation and Challenges
2.1Challenges and Appeals.
Upon completion of all Procedures identified in Exhibit B of
this Agreement, and the expiration of any relevant appeal periods, the Parties agree to not
challenge, appeal or bring other action to prevent implementation of the amended UGB.
FRAMEWORK FOR MEDIATION SETTLEMENT AGREEMENT Page 1 of 6
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Attachment A
ARTICLE 3
Procedures and Timeline
3.1Procedure and Timeline.
The Parties agree to the Procedure and Timeline set forth in
the attached Exhibit B.
ARTICLE 4
Status of Mediation
4.1Confidentiality.
Mediation confidentiality continues for Procedures 6 and 7 in Exhibit B.
The Parties are not subject to confidentiality restrictions with respect to all other
Procedures identified in Exhibit B. The Parties agree that this Agreement is not
confidential and may be shared.
4.2Use of Mediators if Necessary.
The Parties agree to engage the assistance of mediators
as necessary to implement this Agreement.
IN WITNESS WHEREOF
, the Parties hereto have caused this Agreement to be executed, by
their duly authorized representatives.
Representative of Participant Date
__________________________ _______________
Kathryn Figley, Mayor
City of Woodburn
Representative of Participant Date
__________________________ _______________
Janet Carlson, Chair
Marion County
Representative of Participant Date
__________________________ _______________
Sam Brentano
Marion County
FRAMEWORK FOR MEDIATION SETTLEMENT AGREEMENT Page 2 of 6
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Attachment A
Representative of Participant Date
__________________________ _______________
Kevin Cameron
Marion County
Representative of Participant Date
__________________________ _______________
Mary Kyle McCurdy
1000 Friends of Oregon
Representative of Participant Date
__________________________ _______________
Carla Mikkelson for
Diane Mikkelson and
Friends of Marion County
Representative of Participant Date
__________________________ _______________
Kathleen Carl for herself and
Theodora Schrier and
Marion County Farm Bureau
Representative of Participant Date
__________________________ _______________
Carrie MacLaren
Department of Land Conservation and Development
FRAMEWORK FOR MEDIATION SETTLEMENT AGREEMENT Page 3 of 6
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OVERSIZED MAP TITLED “UGB CONCEPT MAP APRIL 14, 2015”
Attachment A
Exhibit B
Procedures and Timeline
Action ItemApproximate Timeline
1.Parties sign Agreement April 14, 2015
2. Parties issue joint media release concerning AgreementApril 14, 2015
3.City Council and County Commission approve AgreementMay 1, 2015
4. City and County petition LCDC for an order remanding UGB May 1, 2015
for consideration of amendments.
5. LCDC issues remand order.May 20-21, 2015 or later
as requested
6. City will confer with the Parties to draft findings to support April 15 to July 1, 2015
the UGB amendment and establishment of Urban Reserves as
shown in Exhibit A. Included in findings: all technical
descriptions and locations of UGB, Urban Reserve
designations, and 20-year expansion limitation condition.The
findings will be tied to and supported by factual evidence in
the record and will demonstrate compliance with applicable
goals, statutes, and rules, and the city and county
comprehensive plans. As shown in Exhibit A, the UGBgoes
along the west side of Butteville Road. There will be specific
findings related to the Road that will reinforce the 20-year
expansion limitation and will limit to the road improvements
to those needed by the industrial uses along Butteville Road
(including a street profile for this section of Butteville Road).
7. Parties review and provide comments of City draft findings. August 1, 2015
DLCD will provide technical assistance as necessary.
8. City and County enter into an IGA/Urban Growth August 1, 2015
Management Agreement that is incorporated into the UGMA
and/or Comprehensive Plans acknowledging no UGB
expansion west of Butteville Road or northeast of Highway
99E for 20 years as shown in Exhibit A.
9.City adopts findings and amends its comprehensive plan September 1, 2015
consistent with mutually agreed findings.
10.County adopts findings and amends its comprehensive plan.October 1, 2015
FRAMEWORK FOR MEDIATION SETTLEMENT AGREEMENT Page 5 of 6
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Attachment A
11.City and County submit amended UGB and established Urban October 15, 2015
Reserves to DLCD for review.
12. DLCD or LCDC issues an order concerning the UGB At least 30 days after
amendment and Urban Reserves designation.submittal
FRAMEWORK FOR MEDIATION SETTLEMENT AGREEMENT Page 6 of 6
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