Res 2059 - Framework for MediationCOUNCIL 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.
WHEREAS, the City of Woodburn entered into mediation on March 30, 2015
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
WHEREAS, the Parties reached tentative agreement on a Framework for
Mediation Settlement Agreement on April 14, 2015; and
WHEREAS, the City desires to approve and begin implementation of the
Framework Agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Framework for Mediation Settlement Agreement is approved
and the Mayor is authorized to sign said Agreement between the City of Woodburn
and the Parties, a copy of which is affixed hereto as Attachment "A" and, by this
reference, incorporatec' '
Approved as to form:
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
ATTEST:
Her Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO. 2979
RESOLUTION NO. 2059
Attachment A
FRAMEWORK FOR
MEDIATION SETTLEMENT AGREEMENT
This Framework for Mediation Settlement Agreement ("Agreement") is made by and between
the City of Woodburn ("City"), Marion County ("County"), Oregon Department of Land
Conservation and Development ("DLCD"), 1000 Friends of Oregon, Friends of Marion County,
Theodora Schrier, Kathleen Carl, Diane Mikkelson and Marion County Farm Bureau ("Farm
Bureau") (collectively the "Parties").
RECITALS
A. The Parties entered into mediation on March 30, 2015 to resolve issues and continued
litigation related to City's urban growth boundary (UGB) 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
a timeline to complete the UGB amendment.
NOW, THEREFORE, the parties hereby agree as follows:
AGREEMENT
ARTICLE 1
Proposed UGB Amended
1.1 Amendment to Proposed UGB. The Parties agree the City's 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 land as 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
2.1 Challenges 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
3.1 Procedure and Timeline. The Parties agree to the Procedure and Timeline set forth in
the attached Exhibit B.
ARTICLE 4
Status of Mediation
4.1 Confidentiality. 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.
4.2 Use 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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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
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Attachment A
Page 3 of 6
OVERSIZED MAP TITLED "UGB CONCEPT MAP APRIL 14,2015"
Attachment A
Exhibit B
Procedures and Timeline
FRAMEWORK FOR MEDIATION SETTLEMENT AGREEMENT Page 5 of 6
Action Item
Approximate Timeline
1.
Parties sign Agreement
April 14, 2015
2.
Parties issue joint media release concerning Agreement
April 14, 2015
3.
City Council and County Commission approve Agreement
May 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 UGB goes
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
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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
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