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March 13, 2017 Agenda FIGLEY,MAYOR CITY OF WOODBURN MELINDAVELIZ,TCOUNCILOR WARDI LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV L FRANK LONERGAN,COUNCILOR WARD V MARCH 13, 2017- 6.00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 6:00 PM - WORK SESSION 1. Woodburn Development Ordinance and Land Use Planning Processes Overview 7:30 PM - REGULAR CITY COUNCIL MEETING 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: A. Budget Committee 1 - John Zobrist - Position II 4. COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: A. Musse Olal, President of the Somali American Council of Oregon, will give an overview of the Somali population in Woodburn and describe challenges the Somali community faces, as well as ways our city government can positively interact with Somalis living in the Woodburn Community. 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.** March 13, 2017 Council Agenda Page i 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 February 27, 2017 2 Recommended Action: Approve the minutes. B. Woodburn City Council Goal setting minutes of March 4, 2017 4 Recommended Action: Approve the minutes. C. Building Activity for February 2017 6 Recommended Action: Receive the report. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS None. 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. 3027 - An Ordinance Prohibiting Door-to-Door 7 Solicitation at Residences with Posted "No Soliciting" Signs; Regulating Hours; Providing for Procedures and Penalties; Repealing Ordinance 1187; and Declaring an Emergency Recommended Action: Adopt the new Door-to-Door Solicitation Ordinance. B. Council Bill No. 3028 - A Resolution Discontinuing the Program 15 for the Deferral of System Development Charges for Single Family Residential Dwellings and Repealing Resolution 1943 Recommended Action: Adopt the resolution discontinuing the single family dwelling System Development Charge (SDC) deferral program. March 13, 2017 Council Agenda Page ii C. Intergovernmental Agreement with Marion County 19 Recommended Action: Authorize the City Administrator to execute the attached Intergovernmental Agreement (IGA) with Marion County coordinating future development on Butteville Road. D. City Council FY 2017-18 Goals 34 Recommended Action: Via a motion, approve the 2016-17 City Council Goals. E. Appointment of Administrator Pro Tem 36 Recommended Action: It is recommended the City Council appoint Assistant City Administrator Jim Row as Administrator Pro Tem for the period March 25 through April 3, 2017. 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. ADJOURNMENT March 13, 2017 Council Agenda Page iii OFF I Iii♦ r} B V' March 8, 2017 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Committee Appointments The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, March 13, 2017. No reply is required if you approve of my decision. Budget Committee John Zobrist - Position II 1 COUNCIL MEETING MINUTES FEBRUARY 27, 2017 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, FEBRUARY 27, 2017 CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Veliz Absent Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Police Chief Ferraris, Interim Public Works Director Liljequist, Economic Development Director Johnk, Finance Director Montoya, Human Resources Director Gregg, Community Relations Manager Gutierrez- Gomez, Communications Coordinator Horton, City Recorder Pierson 0:01 APPOINTMENTS Lonergan/Morris... approve the appointment of Kasi Pankey to the Woodburn Recreation and Park Board and Wassa Dos Reis to the Woodburn Planning Commission. The motion passed unanimously. Wassa Dos Reis introduced herself to the Council and thanked them for the opportunity. 0:02 SWEARING-IN CEREMONY New police officers Nate Smith, Ezequiel Vasquez, Travis White, Charlie Gill and Jesse Ponce were sworn in by Police Chief Ferraris. Shawn Hershberger, Juan Miguel (Mike) Araiza, and Colleen Altabef were sworn in as Sergeants by Police Chief Ferraris. Linda Eubank was recognized for her promotion to the position of Support Services Manager. Jason Millican and Marty Pilcher were sworn in as Lieutenants by Police Chief Ferraris. Keith Boyd was sworn in as Deputy Chief of Police by Police Chief Ferraris. Mayor Figley called for a 30 minute recess. 0:38 CONSENT AGENDA A. Woodburn City Council minutes of February 13, 2017, B. Woodburn City Council Work Session minutes of February 13, 2017, Page 1 - Council Meeting Minutes, February 27, 2017 2 COUNCIL MEETING MINUTES FEBRUARY 27, 2017 C. Building Activity for January 2017, D. Crime Statistics through January 2017, E. Change of Ownership, Full On-Premise Sales for Denny's Woodburn, F. 2017 OLCC Renewal Lonergan/Ellsworth... adopt the Consent Agenda. The motion passed unanimously. 0:53 CITY ADMINISTRATOR'S REPORT City Administrator Derickson reminded Councilors that the goal setting meeting is Saturday, March 4 and an agenda for the meeting will go out on Wednesday. 0:54 MAYOR AND COUNCIL REPORTS Councilor Carney thanked Chief Ferraris for a job well done. Councilor Lonergan concurred with Councilor Carney and stated that Woodburn is in very good hands. Mayor Figley concurred and stated that this is the rewarding part of the job. Councilor Ellsworth stated that it is nice to see the public come out and support our police. Councilor Schaub congratulated Chief Ferraris on putting a wonderful team together. She added that she looks forward to the goal setting meeting on Saturday. Councilor Morris stated that he wants to echo the same sentiments regarding the new police hires and that he really likes the police department decal. He added that Chief Ferraris has his full support. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:30 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2 - Council Meeting Minutes, February 27, 2017 3 COUNCIL GOAL SETTING WORKSHOP MEETING MINUTES MARCH 4, 2017 DATE COMMUNITY ROOM, POLICE DEPARTMENT, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, MARCH 4, 2017. CONVENED The meeting convened at 9:25 a.m. COUNCIL PRESENT: Mayor Figley Councilor Schaub Councilor Lonergan Councilor Carney Councilor Morris Councilor Ellsworth Councilor Veliz Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, City Recorder Pierson, Communications Coordinator Horton, INTRODUCTION City Administrator Derickson provided opening remarks and explained the purpose and expectations of this goal setting session. COUNCIL COMMUNICATION AND MEETINGS The Council members introduced themselves and explained their reasons for serving on the City Council and their 20 year vision for the City of Woodburn. COUNCIL MEETINGS AND COMMUNICATION Council members discussed how communications, Council meetings and workshops are being handled and what can be improved upon and what is working well. PUBLIC MEETINGS LAW City Attorney Shields provided a presentation on Public Meetings Law. LAND USE PROCESS AND COUNCIL ROLES City Attorney Shields provided a presentation on Oregon's land use process and the City Councils role in that process. GOAL DISCUSSION AND DEVELOPMENT Assistant City Administrator Row reviewed the goals from 2015 and provided an update on each of those goals. After discussion the City Council identified the following goals: 1. Rebuild the Community Development Department 2. Economic Development Continuation 3. Community Outreach 4. Community Based Safety Programming Page 1-Council Goal Setting Workshop Meeting Minutes March 4, 2017 4 5. Community Center—Updated Costs and Timeline 6. Urban Renewal - First Street Project Concept/Design Findings ADJOURNMENT The meeting ended at 3:08 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 2-Council Goal Setting Workshop Meeting Minutes March 4, 2017 5 Cof'ITY OF W ODB URN Economic and Development Services Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: March 3, 2017 To: Chris Kerr, Community Development Director From: Building Division Subject: Building Activity for February 2017 2015. ........................ 2016 _ .. 2017_.......... No. Dollar Amount No. Dollar Amount No. Dollar Amount mu .._.._ �IT _.. ......., mm..... . Single-Family Residential 11 $2,662,673 5 $1,336129 0 $0 y 1 $9868 Multi-Family Residential 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 ..... .............................. . .......................... ......__...._. __................ �.........._ . .....__.............. Residential Adds &Alts 1 $2,000 6 $58,509 3 $54,932 Industrial 0 $0 1 $35,000 1 $3,000 ��...................................������wmn Commercial 12 $1,162,248 4 $85,018 8 $8,405,080 _..... Signs and Fences 0 $0 2 $44,000 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 ..--..- ........ ..................... ..................... ........._._.. TOTALS 24 $3,826,921 18 $1,558,656 13 $8,472,880 � Fiscal Year to Date (July 1 — $19,791,261 $20,774,644 $14,588,201 June 30) �. ._...�.............. _I ......_..._ ....... ----__... .... L\Community Development\Building\Building Activity\B1dgAct-2017\B1dg Activity-Memos\memo-2017-2 February.doc 6 Iii♦ 4 B V' March 13, 2017 TO: Mayor and City Council FROM: Scott Derickson, City Administrator N. Robert Shields, City Attorney James C. Ferraris, Chief of Police RE: Ordinance Review and Revision Project SUBJECT: New Door-to-Door Solicitation Ordinance RECOMMENDATION: Adopt the new Door-to-Door Solicitation Ordinance. BACKGROUND: Our recommendation to adopt the new Door-to-Door Solicitation Ordinance, which repeals the existing Peddlers and Solicitors Ordinance (Ordinance 1 187) is a continuation of the Ordinance Review and Revision Project. As you are aware, our intent is to present to the City Council a series of proposed new ordinances and/or ordinance amendments. Before being presented for City Council discussion and consideration, each ordinance is carefully reviewed and discussed by all affected City departments, assigned a relative priority by the City Administrator and then modified, as needed by the City Attorney's Office. In the specific case of the new Door-to-Door Solicitation Ordinance, state and federal court decisions have made it prudent to change the City's approach to the regulation of solicitors. As explained more fully below, we are recommending that a proactive approach be taken by the City Council so that residents' concerns about solicitors are addressed in a manner consistent with the U.S. and Oregon Constitutions so that individual rights can be protected and future potential civil rights litigation can be avoided. Agenda Item Review: City Administrator_x City Attorney_x_ Finance—X- 7 Mayor and City Council March 13, 2017 Page 2 DISCUSSION: Existing Ordinance The current Peddlers and Solicitors Ordinance was adopted many years ago and is extremely broad. As written, it applies to all individuals, businesses, nonprofits, religious groups, and political organizations that may canvas, solicit, and peddle goods for sale by going door-to-door. The ordinance requires all of these groups to file an application with the City, pay a permit fee, pass an investigation and receive City approval before commencing with their activity. Recent Court Challenges Recently, many cities have been challenged on, and sued over allegedly unconstitutional door-to-door solicitation ordinances. For instance, in Working America v. City of Bloomington, (see attachment) a federal court recently found unconstitutional an ordinance very similar to the Woodburn Peddlers and Solicitors Ordinance. This is of great concern because the adverse community consequences of losing this type of lawsuit are significant. Monetarily, if a court ruled that the Woodburn ordinance was unconstitutional, this would mean that under federal law the City would be forced to pay the legal costs of the individuals who challenged the ordinance in addition to the City's own legal fees. However, the non-monetary impact might be just as significant because an adverse legal ruling could severely damage the public confidence that Woodburn residents have in their elected and appointed officials. Proactive Approach In order to avoid the adverse consequences of litigation, many municipalities across the United States have taken a proactive approach by revising and updating their door-to-door solicitation regulations to ensure that they conform to existing constitutional law. Being proactive and trying to anticipate problems before they develop is consistent with our past efforts to revise and update all Woodburn ordinances under the City Council's Ordinance Review and Revision Project. What the New Ordinance Does The proposed new ordinance takes a proactive approach to avoid litigation while, at the same time, providing Woodburn residents who chose not to be contacted by door-to-door solicitors the maximum amount of assistance that is 8 Mayor and City Council March 13, 2017 Page 3 legally available. More specifically, the proposed new ordinance repeals the current Peddlers and Solicitors Ordinance and replaces it with a new approach that protects residents who have shown that they do not want contact with solicitors by posting a "no soliciting" sign. Solicitors who attempt to make contact despite the sign, can be cited for violation of the new ordinance. From a legal perspective, the City's role will change from requiring investigations and permits for all solicitors (which courts have ruled is unconstitutional) to enforcing the new ordinance against solicitors who ignore the "no soliciting" sign posted by Woodburn residents (which we believe is legally defensible). Additionally, no soliciting is permitted before 9:00 a.m. or after 9:00 p.m. (time restrictions that have been approved by judicial rulings). Penalties are up to $100 for a first violation and up to $250 for a second violation within a 12 month period. Finally, the new ordinance contains an emergency clause so that any potential civil liability concerns can be immediately eliminated. Implementation of the New Ordinance The City has discussed about our proposed ordinance with the Chiefs of the Ashland and Lake Oswego Police Departments. Both Ashland and Lake Oswego have similar ordinances to what is proposed by the City. Feedback from Ashland and Lake Oswego Police Departments indicates their ordinances have positively addressed issues surrounding solicitors and peddlers in their communities. A key point for successful implementation is educating the public and City staff about this ordinance prior to any enforcement effort. The Police Department, taking the lead on an education strategy, will utilize traditional media, social media, websites and web based information platforms to clearly articulate the elements of this ordinance to the public and City staff. Additionally, the Police Department with assistance from the City Attorney and Finance Department, will prepare a "Frequently Asked Questions" sheet to be available for distribution to the public and posted on the City website. FINANCIAL IMPACT: None. Attachment From the Bench: District Court Finds Solicitors Ordinance Unconstitutional 9 From the Bench: District Court Finds Solicitors Ordinance Unconstitutional CONSTITUTIONAL LAW Solicitors ordinance Working America, an advocacy organization focusing on labor issues, sued, challenging the constitutionality of the City of Bloomington's ordinance that requires door-to-door solicitors to obtain a license before soliciting, and establishes an 8 p.m. to 9 a.m. solicitation curfew. Working America claimed that the ordinance violates its First Amendment rights. The federal district court held that the ordinance was unconstitutional on its face, reasoning that it could not survive the strict scrutiny test that applies because the ordinance is a content-based restriction on speech. Under the strict scrutiny test, an ordinance must be narrowly tailored to further a compelling government interest. The district court concluded that the government interests in reducing fraud and criminal activity, and in protecting the privacy of homeowners are legitimate government interests, but not compelling ones. The district court also concluded that the ordinance was not narrowly tailored because the city could use less restrictive means to meet its stated interests. Finally, the district court concluded that the ordinance was unconstitutional because it vested subjective discretion with the city's licensing authority to deny someone a solicitor's license on the grounds that the applicant was not of good moral character or repute. Working America, Inc. v. City of Bloomington, F.Supp.3d (D. Minn. 2015). Excerpt - Written by Susan Naughton, research attorney with the League of Minnesota Cities. Contact: snaughtonlancorg or (651) 281-1232. Read the March-April 2016 issue of Minnesota Cities Magazine 10 COUNCIL BILL NO. 3027 ORDINANCE NO. 2545 AN ORDINANCE PROHIBITING DOOR-TO-DOOR SOLICITATION AT RESIDENCES WITH POSTED "NO SOLICITING" SIGNS; REGULATING HOURS; PROVIDING FOR PROCEDURES AND PENALTIES; REPEALING ORDINANCE 1187; AND DECLARING AN EMERGENCY WHEREAS, Ordinance 1187 currently requires peddlers and solicitors to provide certain information to the City, pass a background check and, in some instances, post a bond; and WHEREAS, Oregon and federal courts have invalidated similar ordinances on the grounds that they violate the Oregon and United States Constitutions; and WHEREAS, these judicial decisions have found that constitutional protections afforded to free speech and the free exercise of religion outweigh the City's interest in the regulation of peddlers and solicitors; and WHEREAS, the City Council and all City officials have the legal obligation to maintain constitutional ordinances and to conform to judicial rulings; WHEREAS, the City Council still desires to address public safety concerns of City residents and combat against nuisance, harassment, and invasion of individuals' privacy; and WHEREAS, City enforcement of "No Soliciting" signs will substantially accomplish the City's objectives but will not impinge on constitutional protections, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definition. For the purposes of this Ordinance, the terms "solicit" and "solicitation" shall mean the entry onto real property used for residential purposes by a person for the purpose of communicating with an occupant of the property, whether the communication is verbal, visual or in writing. Section 2. Prohibited Acts. It is unlawful for any person to: A. Solicit before 9:00 a.m. or after 9:00 p.m. without the consent of the occupant to do so. Page - 1 - Council Bill No. 3027 Ordinance No. 2545 11 B. Leave written materials upon real property where a "No Solicitation" sign conforming to the requirements of this Ordinance is posted. C. Solicit where a "No Solicitation" sign conforming to the requirements of this Ordinance is posted. D. Allow or permit any person soliciting on their behalf or under their direction to commit any act prohibited by this section. Section 3. Consent to Enter Real Property. A. It shall be an affirmative defense to an alleged violation of this Ordinance that the person charged received actual or constructive consent of the occupant prior to entering the real property. Constructive consent may be implied from the circumstances of each instance, the relationship of the parties and actual or implied contractual relationships. B. The occupant of real property shall be considered to have given constructive consent to enter real property for the purpose of solicitation between the hours of 9:00 a.m. and 9:00 p.m. if they have not posted a "No Solicitation" sign, pursuant to this Ordinance. Section 4. No Solicitation Sign. A. If an occupant of real property chooses to not invite solicitors onto their property the occupant may post a "No Solicitation" sign pursuant to this section. The effect of posting a sign stating "No Solicitation," or similar words to that effect, is to express the refusal of the occupant to grant consent to any person to enter their real property to solicit. B. Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal points of entry. C. For real property possessing no apparent barriers to entry at the boundaries of the property that limit access to the primary entrance of a structure located on the property, placement of the sign at the primary entrance to the structure constitutes compliance with this section. Section 5. Violation - Penalty. A. A first violation of any provision of this Ordinance constitutes a Class 5 Civil Infraction. Page - 2 - Council Bill No. 3027 Ordinance No. 2545 12 B. A second violation of this Ordinance by the same person within a twelve (12) month period constitutes a Class 3 Civil Infraction. C. All violations of this Ordinance that are filed in the Woodburn Municipal Court as Civil Infractions shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. D. Each day that a violation of this Ordinance is committed or permitted to continue shall constitute a separate Civil Infraction. E. The remedies provided for in this Section are cumulative and not mutually exclusive. Section 6. Repeal of Prior Ordinance. Ordinance 1 187 is repealed in its entirety. Section 7. Compatibility. Nothing in this Ordinance shall relieve any person or entity who solicits and conducts business in the City from compliance with Ordinance 2399, the Business Registration Ordinance. Section 8. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 9. Savings. The repeal of any ordinance by this Ordinance shall not preclude any action against any person who violated the ordinance prior to the effective date of this Ordinance. Section 10. Emergency Clause. This Ordinance being necessary for the immediate preservation of the public peace, health and safety so the City is in compliance with court rulings, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Page - 3 - Council Bill No. 3027 Ordinance No. 2545 13 Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 4- Council Bill No. 3027 Ordinance No. 2545 14 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 March 13, 2017 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: Discontinuing the System Development Charge (SDC) Deferral Program for Single Family Dwellings RECOMMENDATION: Adopt the resolution discontinuing the single family dwelling System Development Charge (SDC) deferral program. BACKGROUND: In 2009, the City Council recognized that the 2008 housing crash had significantly impacted the City of Woodburn. The economic downturn resulted in a cessation of new home construction,which was further complicated by the general inability for local developers and property owners to obtain construction loans. In order to help offset costs associated with construction, and attract capital investment in the community, several jurisdictions throughout the state implemented changes to their SDC programs. Municipalities began offering SDC "deferrals" that allowed the collection of SDC fees to be "deferred" from the building permit issuance to the final building permit/occupancy. Consequently, after determining it was in the best economic interest of the community and as part of the City's new economic development effort, the City Council adopted changes to the Woodburn SDC Ordinance providing for the implementation of a deferral program, which was then established via a resolution. Since the 2009 approval of the deferral program, the City has issued approximately 44 deferrals. It is interesting to note that all of the residential projects participating in the program have occurred since 2014. Over the same period of time, there have been 134 units of residential homes built, meaning that about one third of the homes built utilized the deferral program. The City has not had any controversy over the final collection of the SDC fee. Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 15 Honorable Mayor and City Council March 13, 2017 Page 2 DISCUSSION: Now that the City is actively working on significant new residential annexations, with approximately 1,500 units of new housing being expected over the next several years, it has become clear that the economic climate of eight years ago has subsided. Consequently, City staff no longer believes that a deferral program is needed to encourage single family home construction and that it is in the City's interest to reestablish the single family residential SDC with the issuance of a building permit. Councilors can note that, by adopting the attached resolution repealing the deferral program, the SDC Ordinance remains intact thus maintaining the Council's ability to reestablish the deferral program in the future if it is deemed appropriate. FINANCIAL IMPACT: Depending upon development activity, the repeal of the deferral program will result in the collection of single family dwelling SDC revenue at the time when building permit issuance, thus saving the need for staff to track specific participating properties and the general costs of the programs administration. 16 COUNCIL BILL NO. 3028 RESOLUTION NO. 2090 A RESOLUTION DISCONTINUING THE PROGRAM FOR THE DEFERRAL OF SYSTEM DEVELOPMENT CHARGES FOR SINGLE FAMILY RESIDENTIAL DWELLINGS AND REPEALING RESOLUTION 1943 WHEREAS, in 2008, the City of Woodburn faced a significant economic downturn severely impacting the building industry and the ability for new development projects to access capital; and WHEREAS, in 2009, Ordinance 2457 was adopted to allow the City the ability to establish a System Development Charge (SDC) deferral program; and WHEREAS, in 2009, Resolution 1943 was adopted to implement a program allowing builders to defer the payment of SDCs, for single family residential dwellings, to the time of occupancy as opposed to the traditional practice of collecting SDCs at the time of building permit issuance; and WHEREAS, the City is now anticipating significant residential annexations as well as the completion of several large subdivisions; and WHEREAS, the collection of SDC revenue is critical for the public infrastructure development needed to support new growth in an equitable manner that protects both existing property tax and utility rate payers; and WHEREAS, with the more robust economic climate, the City Council believes that it is in the public interest to discontinue the program for the deferral of SDCs for single family residential dwellings; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City's SDC deferral program for single family dwelling construction is discontinued. Section 2. That applicants for building permits for single family residential dwellings shall pay all applicable system development charges at the time of building permit issuance. Page 1 - Council Bill No. 3028 Resolution No. 2090 17 Section 3. Resolution 1943 is repealed. Approved as to form: City Attorney Date Approved: Kathryn Figley, 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. 3028 Resolution No. 2090 18 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!87 March 13, 2017 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator Chris Kerr, Community Development Director SUBJECT: Intergovernmental Agreement with Marion County RECOMMENDATION: Authorize the City Administrator to execute the attached Intergovernmental Agreement (IGA) with Marion County coordinating future development on Butteville Road. BACKGROUND: On July 28, 2016, the Marion County Planning Commission approved Subdivision Application 16-002 for property located in the 15,500 block of Butteville Road NE being developed by Specht Woodburn LLC (see attached Notice of Decision). The applicant gained Marion County approval to subdivide the property into five lots. Marion County's subdivision approval gave the applicant two options: Subdivision Option #1 : Design, permit and construct full-width improvements to Butteville Road NE in accordance with listed specifications; or Subdivision Option #2: Defer the requirement to design, permit and construct the improvements to Butteville Road NE to the time of actual development of the property, contingent upon the County and City entering into an Intergovernmental Agreement (IGA) prior to the final plat approval. Under Marion County's decision, Option #1 would allow development of the property in the County where only rural type land uses are allowed. Option #2 anticipates that the property will be annexed into the City and developed to urban standards. Option #2 would defer the construction of the public infrastructure improvements until the property is annexed into the City and development conditions are imposed. To date, the applicant has been actively pursuing Option #2. DISCUSSION: Agenda Item Review: City Administrator_x City Attorney_x_ Finance—x- 19 Honorable Mayor and City Council March 13, 2017 Page 2 An IGA arrangement like the one approved by Marion County under Option #2 is not common and appears to have been included so that proposed development occurring on Butteville Road NE will be coordinated with the County. The applicant indicated late last year that it wanted to proceed quickly and requested that the City and County enter into the IGA referenced in the County's subdivision approval. In January, it appeared that Marion County agreed with language found acceptable by the City and the applicant and we were advised that the IGA had been approved by the County's Legal and Planning Departments. Based on what we believed to be County agreement, we initially scheduled the IGA approval for City Council consideration at the February 13, 2017 meeting. However, the City was advised just before this meeting that the County had changes to the IGA and that it was not ready to be presented to the Board of Commissioners for approval. Since that time, the City, Marion County and the applicant have considered at least three different versions of the proposed IGA,with the attached version being the most current. Councilors should note that, although City staff and the applicant are in agreement on the proposed IGA, Marion County has yet to take a position on the latest IGA proposal. It is our hope that Marion County will approve the IGA in its latest form allowing the applicant the ability to partition their property prior to annexation. If no IGA is agreed to pursuant to Option #2, the applicant will have to comply with Option #1 or not record a final plat. FINANCIAL IMPACT: None. 20 NOTICE OF DECISION SUBDIVISION CASE 16-002 APPLICATION: Application of Darma Real Estate Partnership for conceptual and detail approval to subdivide a 107.7 acre parcel into five lots in a UT-20 (Urban Transition—20 Acre Minimum) zone located in the 15,500 block of Butteville Road NE, Woodburn. (T5S; R2W; Section 11;tax lot 300. DECISION: On July 19, 2016 the Marion County Planning Commission GRANTED conceptual and detail approval to subdivide the property into five lots subject to the conditions contained in Exhibit B, attached. EXPIRATION DATE: This subdivision approval is valid only when exercised by August '1I 201.5. The effective period of an approved subdivision may be extended for an additional year subject to approval of an extension(Extension form available from the Planning Division). Additional extensions may not be granted if the regulations under which this decision was granted have changed since the original approval. APPEAL PROCEDURE: This decision maybe appealed to the Marion County Board of Commissioners by submitting a written appeal explaining wherein the Marion County Planning Commission decision is in error, along with a fee of $500.00. The appeal must be received in the Marion County Clerk's Office, 555 Court St.NE, Salem by 5:00 p.m. on August '.II. 2016. If an appeal is received it will be reviewed by the Board of Commissioners to determine if it merits further hearing and consideration by the Board. Questions regarding this decision or the appeal procedure should be directed to the Marion County Planning Division, 5155 Silverton Road NE, Salem, (503) 588-5038. FINDINGS AND CONCLUSIONS: The Planning Commission decision is based on the following findings and conclusions. 1. The subject property is located in the Woodburn Urban Growth Boundary(UGB), designated South West Industrial Reserve in the Woodburn Comprehensive Plan, and zoned UT-20 (Urban Transition-20 Acre Minimum)under the jurisdiction of Marion County. 2. The property is located on the southeast corner of Butteville Road NE and State Highway 219 NE. The property is rectangular in shape with approximately 1,000 feet of frontage along Highway 219 and 4,000 feet of frontage along Butteville Road. The property is currently undeveloped and in farm use. Property to the west is outside the Woodburn UGB, zoned EFU(Exclusive Farm Use), and in farm use. Properties to the north are zoned UT-5 and consist of acreage parcels developed with single family dwellings. Property to the south is zoned UT-20 and in farm use. One property to the east is a small parcel along Highway 219 that is zoned UT-20 and contains a church. The remaining property to the east is inside the Woodburn City Limits and contains industrial development. 3, The applicant is proposing to subdivide the property into five lots ranging in size from 20 acres to 25.5 acres. As proposed, all of the lots will have over 500 feet of frontage along Butteville Road. The intended use of the property is for industrial development following annexation to the City of Woodburn. The applicant indicates that creating multiple parcels prior to annexation will expedite the development process once properties are annexed. AGENCY COMMENTS: 4. Marion County Surveyor commented that the subdivision name must be approved per ORS 92.090. The subdivision must be surveyed and platted per ORS 92.050 and the final plat(along with appropriate fees and additional mylar fee)must be submitted to their office for their review and approval. Per ORS 92.065 a remaining monumentation bond may be required if some of the plat monuments have not been set and/or the installation of street and utility improvements has not been completed, or other conditions or circumstances cause the delay(or resetting)of monumentation. The final plat must be submitted to their office with a current or updated title report that is no more than 15 days old at the time of the plat approval. 21 Marion Counjy'fax Assessor noted that a potential additional tax liability may exist which may need to be paid before a subdivision would be approved. According to ORS 92.095, all delinquent taxes and interest as well as taxes which have become a lien during the tax year must be paid before the plat shall be recorded. Public Works Land Dgy!d2pMpILggd..(�D ,ire ering Perinits(LD P1 commented that the subdivision would generate approximately 50 additional average daily trips on county roads. Public Works Engineering Division met with the City of Woodburn and the applicant and all parties concurred on the following conditions. Additional engineering requirements are available for review in the file. On the subdivision final plat, dedicate sufficient public right-of-way along the Butteville Road frontage to accommodate a cross-section with two through lanes, a center turn lane, two bicycle lanes; curb and gutter, landscape strip, and sidewalk on the cast side of Butteville Road consistent with Exhibit 1 (Titled EXHI), attached hereto. The dedication is anticipated to be between 13 and 15 feet in width. • Prior to subdivision plat approval, design, permit and construct full-width improvements to Butteville Road. The minimum improvements shall generally conform to the cross-section identified in Exhibit 1, and shall extend along the full frontage, plus pavement tapers, as necessary,to transition between the full improvements and existing roadway widths and alignment.In lieu of the immediate design, permitting and construction of infrastructure improvements,Applicant shall have the option to defer those to the time of actual development contingent upon the county and city entering into a written agreement prior to subdivision final plat approval. This agreement will verify future agency responsibility for ensuring post- annexation implementation of such things as street ownership, approval of the design and sequencing of Butteville Road frontage improvements and access management that takes into account safe and continuous operations for all modes of traffic, stormwater management, environmental permitting, public and franchise utilities and meeting ODOT access and stormwater requirements pertaining to SR 219. Applicant and future Developer(s)should be aware that the design of future frontage improvements, including access as a stipulation for individual lot development, could potentially necessitate corollary full-width improvements be extended beyond the given lot in order to properly transition to other improved or unimproved segment(s) in order to avoid compromising vehicular and pedestrian safety, as determined by the appropriate agency. • The subdivision's direct access to Butteville Road will be limited to what is anticipated to be two (2) accesses,but in no case more than three(3) accesses(including public streets and private driveways) at minimum spacing of 500 feet, unless otherwise approved by the Director of Public Works. Consideration for turn lane storage and pavement taper length requirements will need to be taken into account. Prior to issuance of access permits,the applicant shall provide a copy of recorded access easement(s) for any driveway which may be shared between abutting lots. • Prior to issuance of any building permits by either Marion County or the City, prepare and submit a Traffic Impact Analysis(TIA)meeting County and City criteria for review and approval. For minor traffic impacts and with concurrence by MCPW Traffic Engineering and the City Engineer,prepare and submit a Traffic Statement in lieu of a TIA. • If an extension of Woodland Avenue will connect with Butteville Road in the vicinity of Stafney Lane, then the centerline alignment of the Woodland Avenue intersection shall be designed such that it is collinear with the centerline of Stafaey Lane. • A note on the final plat shall indicate that development of Lots within the Subdivision is subject to Conditions of Approval of Marion County Case No. Subdivision 16-002 (SUB 16-002). Subject to approval of specific language by the County Surveyor,the note should indicate that such Conditions of Approval affect access locations,road frontage improvements, and impose other development requirements. City of.Woodbum commented in a letter dated May 9, 2016, that development of the resulting properties will be subject to a future master plan approved by the city. The City of Woodburn will provide for sewer and service once the master plan is approved the properties are annexed. 22 Q):r~�gqn Dep rtru nt of Tranip rtatij:�n, in summary, commented that there are currently no permitted accesses onto Highway 219 at this time. Any proposed future access with require an application for State Highway Approach. In addition, there is an adopted long-range plan to manage access and trip generation associated with land uses in the Woodburn Interchange area and is subject to the Interchange Management Area Overlay District. All other contact agencies either failed to continent or stated no objection to the proposal at the time this report was written. ANALYSIS AND CONCLUSIONS: 5. lauds, Streets and Easement: Standards for this section are listed in Chapter 16.33.160 through 16.33.340 of the Marion County Code (MCC). Those that apply to this proposal include: 16.33.160 EArG:1N �"R_.N s �`TJND��RDSAND 1 . UIRl'iVENTS, Engineering standards and requirements, including but not limited to streets, drainage, access, easements, and thoroughfare improvements, shall be those currently approved by the Marion County department of public works. As outlined in their comments, Marion County Public Works will require any street and roadway improvements to be developed in compliance with engineering standards. 16.33.180 DEEDING OF RIGHT-OF-WAY ROADWAY. No person shall dedicate for public use, or deed to Marion County, a parcel of land which is used or proposed to be used as access without first obtaining the approval of the board or its designee and delivering the deed to the board for its endorsement. No dedication is effective unless the property is accepted by the Board or its designee and recorded with the Marion County clerk's office. Required dedication will be accomplished through the platting process which requires acceptance by the Marion County Board of Commissioners. IM 33.1 0 CONNECTIVITY Applicants submitting preliminary development plans shall provide for local streets oriented to or connecting with existing or planned streets, existing or planned schools, parks, shopping areas, transit stops, and employment centers located within one-half mile of the development. Applicants shall also provide for extension of local streets to adjoining major undeveloped properties and eventual connection with the existing street system. Connections to existing or planned streets and undeveloped properties along the border of the parcel shall be provided at no greater than 600 foot intervals unless the Planning Director, or designee, determines that one or more of the following conditions exist: A. Physical or topographic conditions make a street or access-way connection impractical. Such conditions include, but are not limited to,freeways, railroads, steep,slopes, wetlands or other bodies of water where a connection could not reasonably be provided- or B. Buildings or other existing development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment. The resulting properties will be the subject of a future master plan approved by the City of Woodburn. The plan will provide for connectivity to new interior streets as well as to the City's transportation system. 16.33.320 STREET OR ROAD IMPROVEMENTS All street or road improvements including pavement, curbs, sidewalks, signage, and surface drainage shall be in accordance with the specifications and standards prescribed by the director of public works. Subdivision plats shall not have final approval until such time as the director of public works, or his/her designee, is satisfied that the street improvements will be completed in accordance with the specifications and standards setforth by the Marion County department ofpublic works. No building permits within a subdivision or partition shall be issued until the director of public works, or his/her designee, approves that the improvements have been completed or sufficient improvement agreements and financial guarantees have been recorded. 23 In the conditions of approval LDEP identified needed right-of-way dedication and improvements needed for the plat to be recorded. 6. Blocks and lots: These standards are listed in MCC 16.33.360 through 16.33.440 and include: 16.33.400 LOT SIZE. All lots approved under this chapter shall have sufficient area to be consistent with the intent of the comprehensive plan and to provide adequate area for the intended structures and uses, all setbacks, access and spacing required for water supply and waste water disposal. Lot size and dimensions shall be as prescribed in the corresponding zone. In the RSzone, MCC 16.02.120 states: A. Lot Area. The minimum lot area for a single-family dwelling in a subdivision approved after the effective date of the ordinance codified in this title, is 4,000 square feet when located within the Salem/Keizer area urban growth boundary. In all other cases lots shall be a minimum of 6,000 square feet. (See Chapter 16.27 MCC for density limitations). B. Lot Dimensions. Except as provided in MCC 16.26.800 for planned developments, the width of a lot shall be at least 60 feet;provided that within the Salem/Keizer urban growth boundary the width of a lot shall be at least 40 feet, and the depth of a lot shall be at least 70 feet. As noted above, the property is designated industrial so the minimum lot size in the UT-20 zone is 20 acres. All of the proposed lots, prior to any required dedication, will meet this minimum. The proposal satisfies these standards. 16.33.440 LOT LINE. Side lot lines shall be as close to right angles to the front street line as practicable, Unless otherwise approved, rear lot lines shall be not less than one-half the width of the front lot lines. The proposal meets this requirement. T ewa e water,and utilities: These standards are listed in MCC 16.33.460 through 16.33.560 and include: 16.33.460 SEWAGE DISPOSAL. All lots or parcels shall be served by an authorized sewage disposal system. Subsurface sewage disposal for individual parcels shall meet the requirements of the Department of Environmental Quality (DEQ) and the Marion County building inspection division. Those subsurface sewage systems that are used by a community, sanitary district, industry, or incorporated area must be authorized by the Department of Environmental Quality (DEQ) via the Marion County building inspection division. Installation and maintenance shall be in accordance with the Department of Environmental Quality's regulations and requirements. The commission, director, or hearings officer may require connection to an existing sewage collection and treatment system regardless of lot suitability for subsurface disposal if the commission, director or hearings officer deems it necessary and provided the connection is available. 16.33.480 WATER SUPPLY. All lots or parcels shall be served by an authorized public or private water supply system. Public or Private Systems. Public or private systems shall meet the requirements of the Oregon State Health Division with reference to chemical and bacteriological quality. In addition, such systems must meet the quantity, storage, and distribution system requirements of the State Health Division and the operator of the water system. As outlined by comments from the City of Woodburn,the properties will not be developed until they are annexed into the city and at that point will be served by the city's sewer and water systems. 16.33.520 UNDIsR.CROl1NI.) UTILITIES, All permanent utility service to lots in a subdivision within an established urban growth boundary shall be provided from underground facilities and no overhead utility service to a subdivision shall be permitted. The subdivider shall be responsible for complying with the requirements of this section and shall: A. Obtain a permit from the director of public works for the placement of all underground utilities. 24 B. Make all necessary arrangements with utility companies and other persons or corporations affected by the installation of such underground lines and facilities in accordance with the rules and regulations of the public utility commissioner of the State of Oregon. A condition of approval will require utilities to meet this standard. 1633.540 UNI)ERGRO(ND 07LITIES EASEAMNTS, Underground easements for utilities and overhead utility facilities shall be provided by the subdivider and set forth on the final plat Each easement shall be a minimum of 10 feet in width except on the perimeter of the subdivision where the minimum width shall be five feet, and when possible, such easement shall he centered on or bordering a lot line. The subdivider shall provide five- foot utility easements on both sides of all road or street rights-of-way of 60 feet or less. This will be made a condition of any approval. 1633.560 STREET L[GHTING, Proposed subdivisions located within established street lighting district boundaries shall submit street lighting plans from the appropriate power company to the director of public works for approval. All provisions for wiring for underground installation shall be completed before the final street improvement is made. The property is not within the boundary of an established lighting district. 8 Access standards: These standards are listed in MCC 16.33.680 and state: All lots must have a minimum 20 feet of frontage on a public right-of-way or, when an access easement is proposed to serve one or more lots in any partitioning, the location and improvement of the roadway access shall conform to the following standards which are necessary for adequate access for emergency vehicles. Evidence that the access has been improved to these standards and a driveway permit has been obtained shall be provided prior to the issuance of building permits on the parcels served by the access easement. The easement shall meet the following standards: A. Have a minimum easement width of 25 feet, B. Have a maximum grade of 12 percent; C. Be improved with a paved surface with a minimum width of 20 feet; D. Provide adequate sight-distance at intersections with public roadways; E. Be provided with a road name sign at the public,roadway as identification for emergency vehicles in accordance with Chapter 11.55 MCC, Naming and Addressing Roads/Property. All of the proposed lots will have over 20 feet of frontage on existing public streets-this standard is met. 9 The Planning Commission held a public hearing June 21,2016,which was continued to July 19,2016. At the meeting on July 19,2016,the Commission held and then closed the public hearing. A motion was made and seconded to grant conceptual and detailed approval of the subdivision subject to conditions. The motion passed unanimously. SIGNED AND FINALIZZEL);')TLIS 28h day of July, 2016 By ............ WJ I-elAackson Planning Commission Secretary 25 EXMfr B CONDITIONS OF APPROVAL: 1, The applicant shall submit documentation satisfactory to the Marion County Surveyor accomplishing the final subdivision plat.The applicant is advised that a current or updated title report from a title company must be submitted with the final mylar, 2. All easements (utility, drainage,etc,)required by reviewing agencies shall be shown or referenced on the final plat. 3. On the subdivision final plat,dedicate sufficient public right-of-way along the Butteville Road frontage to accommodate a cross-section with two through lanes,a center tum lane,two bicycle lanes;curb and gutter,Iandscape strip,and sidewalk on the east side of Butteville Road consistent with Exhibit 1 (Titled EXH1),attached hereto. The dedication is anticipated to be between 13 and 15 feet in width. 4. Conditional A-Prior to subdivision plat approval,design,permit and construct full-width improvements to Butteville Road.The minimum improvements shall generally conform to the cross-section identified in Exhibit 1,and shall extend along the full frontage,plus pavement tapers,as necessary,to transition between the full improvements and existing roadway widths and alignment. Condition B-In lieu of the immediate design,permitting and construction of infrastructure improvements, Applicant shall have the option to defer those to the time of actual development contingent upon the county and city entering into a written agreement prior to subdivision final plat approval.This agreement will verify future agency responsibility for ensuring post-annexation implementation of such things as street ownership,approval of the design and sequencing of Butteville Road frontage improvements and access management that takes into account safe and continuous operations for all modes of traffic, stormwater management,environmental permitting,public and franchise utilities and meeting ODOT access and stormwater requirements pertaining to SR 219. Applicant and future Developer(s)should be aware that the design of future frontage improvements,including access as a stipulation for individual lot development,could potentially necessitate corollary full-width improvements be extended beyond the given lot in order to properly transition to other improved or unimproved segment(s)in order to avoid compromising vehicular and pedestrian safety,as determined by the appropriate agency. 5. The subdivision's direct access to Butteville Road will be limited to what is anticipated to be two(2) accesses,but in no case more than three(3)accesses(including public streets and private driveways)at minimum spacing of 500 feet,unless otherwise approved by the Director of Public Works. Consideration for turn lane storage and pavement taper length requirements will need to be taken into account. Prior to issuance of access permits,the applicant shall provide a copy of recorded access easement(s)for any driveway which may be shared between abutting lots, 6, Prior to issuance of any building permits by either Marion County or the City,prepare and submit a Traffic Impact Analysis(TIA)meeting County and City criteria for review and approval.For minor traffic impacts and with concurrence by MCPW Traffic Engineering and the City Engineer,prepare and submit a Traffic Statement in lieu of a TIA. 7„ All new utilities serving lots in the subdivision shall be placed underground unless otherwise approved by the Director of Public Works of the appropriate agency. 8. All the resulting lots shall be a minimum 20 acres in size prior to any required public right-of-way dedication. 26 9„ If an extension of Woodland Avenue will connect with Butteville Road in the vicinity of Stafney Lane, then the centerline alignment of the Woodland Avenue intersection shall be designed such that it is collinear with the centerline of Stafney Lane. 10. A note on the final plat shall indicate that development of Lots within the Subdivision is subject to Conditions of Approval of Marion County Case No. Subdivision 16-002(SUB16-002). Subject to approval of specific language by the County Surveyor,the note should indicate that such Conditions of Approval affect access locations,road frontage improvements,and impose other development requirements. 27 Q�H , I inch-®0a IL a STATE HIGHWAY 21 LOT 1 ' - FUTURE WOODLAND AVE EXTENSION PAi WOODLAND AVE t a INTERIM ACCESS Z o z EASEMENT U')v n O 9 LOT U w co POTENTIAL ACCESS co LOCATION (SHARED Ort BETWEEN 2 LOTS) S V J v LOT 3cc I Q b'M w .. —j m J f i LOT 4 �:.".,,,. A N.......A A m N LU LU CPOTENTIA O L ACCESS IL LOCATION (SHARED 0 (D BETWEEN 2 LOTS)Lo Y d z a- LOT 5 V) w N PROJECT: DATE JULY 12, 2016 SHEET: Portland Vancouver Seattle SPECHT WOODBURN 501=15e0 360590879 27a74&M hf, DRAWN BY: NRL www.mcknze.com zx CHECKED BY., MWEI W; EXH1 Architecture•Interiors _ tlsmnPn *_En gr♦emmlmq �', SHEET TC0.E:SPECHT WOODBURN SUSDWEION m wnsmr'w X14 al NKNIm mwwo CONCEPTUAL BUTTEVILLE ROAD ACCESS JOB NO: ucm°s "�riu,wr�r uu- "mi"ar a' "na ainro rut LOCATIONS AND CROSS SEOMON 2 1 50228.00 28 CITY OF WOODBURN/MARION COUNTY INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement ("Agreement" or "IGA") made and entered into this day of , 2017, by and between the City of Woodburn, a municipal corporation, hereinafter referred to as "City" and Marion County, a political subdivision of the State of Oregon, hereinafter referred to as "County." WITNESSETH: WHEREAS, under County Subdivision Case 16-002, on July 28, 2016 the County approved an Application from Darma Real Estate Partnership (the "Applicant") to subdivide a 107.7-acre parcel located in the 15,500 block of Butteville Road NE, Woodburn (the "Property"), into five lots (the"Subdivision Approval")which included 10 Conditions of Approval; and WHEREAS, Condition 1 requires a Final Subdivision Plat(the"Final Plat")be approved for the Property, and,prior to Final Plat approval, Condition 4 requires the Applicant to either: • Under Condition 4A: Design, permit and construct full-width improvements to Butteville Road NE in accordance with listed specifications; or • Under Condition 4B: Defer the requirement to design, permit and construct the frontage improvements to Butteville Road NE to the time of actual development of the Property, contingent upon the County and City entering into a written agreement prior to the Final Plat approval; and WHEREAS, the Applicant is requesting that the City and County enter into an agreement satisfying the provisions of Condition 4B. The agreement, "will verify future agency responsibility for ensuring post-annexation implementation of such things as street ownership, approval of the design and sequencing of Butteville Road NE frontage improvements and access management that takes into account safe and continuous operations for all modes of traffic,stormwater management, environmental permitting,public and franchise utilities and meeting ODOT access and stormwater requirements pertaining to SR 219;" and WHEREAS, the Property is located within the Woodburn Urban Growth Boundary ("UGB"), and it is anticipated that the Property will be annexed into the City of Woodburn in the near future; and WHEREAS, the intent of the Agreement is to: • Establish procedures for coordination between the City and County in regards to the Final Plat as required by Condition 4B; • Establish procedures to provide notice to and an opportunity for County participation and coordination with regard to City review and approval of future urban development of the Property; • Affirm the County's continuing authority regarding access to and construction of frontage improvements along Butteville Road NE,pertaining to development of the Property; and Page 1 - City of Woodburn/Marion County Intergovernmental Agreement 29 • Ensure the City requires the developer(s) to obtain any required access authorizations and construction of required improvements to Butteville Road NE frontage in advance of or concurrent with occupancy of new development of the Property. NOW, THEREFORE,the City and County hereby enter into the following Agreement in order to verify each entity's future agency responsibility with respect to annexation land use review procedures and post-annexation implementation of access to and construction of improvements to Butteville Road NE. It is the intent of the parties that the coordination policies and procedures expressed in this Agreement shall be consistent with and subject to Oregon Laws, the Marion County Comprehensive Plan and the Woodburn Comprehensive Plan, together with associated implementing ordinances. I. COORDINATION POLICIES AND PROCEDURES 1. The County shall retain responsibility for regulating land use on the Property until the Property is annexed by the City. 2. The City shall provide notice to the County of any application for annexation of the Property into the City by the Applicant. However, any decision to annex the Property into the City shall be within the sole discretion of the Woodburn City Council, subject only to Item L5 below. 3. In the event that a Review Plat is submitted to the County prior to annexation of the Property into the City, the County shall provide notice to the City of the Review Plat and shall provide the City with an opportunity to comment on the Review Plat. Such notice and comment period shall precede the County's acceptance of the Review Plat by at least 21 days. 4. In the event that an application requesting annexation, together with any other related land use applications proposing development of the Property, are filed with the City, the City shall provide notice to the County of such application(s) and shall provide the County with an opportunity to provide written and/or oral testimony prior to action by the City Planning Commission and/or City Council on the application(s). Such notice and comment period shall precede the City's decision(s) on the application(s) by at least 21 days. Notice for other items will be as defined in City process. 5. Upon annexation of the Property and pursuant to ORS 190.010, the City confers upon the County the responsibility,to be exercised jointly with the City,to review and control access to and from the Property onto Butteville Road NE and to authorize construction of improvements to Butteville Road NE adjacent to the Property's frontage along Butteville Road NE,including all such improvements that may be required by the City in conjunction with annexation and post-annexation land use decisions authorizing development of the Property. The County shall, at all times prior to and following annexation of the Property into the City,retain maintenance jurisdiction over and maintain Butteville Road NE,which is a County Major Collector. Page 2 - City of Woodburn/Marion County Intergovernmental Agreement 30 6. After the annexation of the Property, the City shall require that any required access to and frontage improvements along Butteville Road NE be consistent with the general requirements in Exhibit B of County Subdivision Case 16-002 and be authorized and constructed in advance of issuance of occupancy permits associated with the future development of the Property in order to provide for the continuous and safe operation of all modes of travel on Butteville Road NE. 7. The City acknowledges that County will require its own separate performance and warranty financial guarantee(s) for Butteville Road NE improvements in the event that the City does not impose such guarantee requirements in a manner acceptable to the County. II. GENERAL PROVISIONS 1. Enforcement The laws of the State of Oregon shall govern this Agreement. The venue for any action for the enforcement of this Agreement shall be in the appropriate court for Marion County, Oregon. Any judgment shall be limited to specific performance and/or injunctive relief. Neither party shall have any claim or remedy for monetary damages arising from an alleged breach of this Agreement against the other party,nor shall this Agreement confer upon either party standing to contest a land use decision or action of the other except as a breach of this Agreement. 2. Amendment of Agreement Either party may request an amendment of this Agreement at any time. Such request shall be in writing to the other party and shall be considered without unreasonable delay. The party receiving such request shall respond to the requesting party within sixty (60) days of receipt. 3. Notice Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given if sent by certified mail, return receipt requested, postage and fees prepaid and addressed to the party as stated below or such other address previously provided in writing. Notice shall be deemed given when deposited in the United States mail. To the City of Woodburn: Scott Derickson, City Administrator 270 Montgomery Street Woodburn, Oregon 97071 To Marion County: Alan Haley, Public Works Director 5155 Silverton Road NE Salem, Oregon 97305 Page 3 - City of Woodburn/Marion County Intergovernmental Agreement 31 4. Calculation of Time For purposes of this Agreement, "days" shall mean calendar days. If the date of performance of any obligation specified herein falls on a Saturday, Sunday, or State of Oregon or Federal holiday, the date performance is due shall be deferred until the next business day. 5. Term This Agreement shall remain in effect for a period of five(5)years or until development authorized by an approved master plan is completed, whichever comes first or unless otherwise terminated. 6. Termination The parties may terminate this agreement upon mutual agreement,in writing.Notice of termination shall be provided to the Applicant. Prior to termination, the parties shall meet, in good faith, in an attempt to resolve or explain the reasons for termination. 7. Additional Documents or Action The parties may execute any additional documents or take any additional action reasonably necessary to carry out this Agreement. Page 4 - City of Woodburn/Marion County Intergovernmental Agreement 32 8. Severability If any provision of this Agreement is held invalid or unenforceable for any reason, no other provision shall be affected by such holding and all of the remaining provisions of this Agreement shall continue in full force and effect. 9. Waiver or Breach A waiver of any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. IN WITNESS THEREOF,the respective parties hereto have caused this Agreement to be signed in their behalf the day and year first above written. MARION COUNTY BOARD OF COMMISSIONERS Chair Commissioner Commissioner APPROVED AS TO FORM: Marion County Legal Counsel Marion County Contract Manager CITY OF WOODBURN Kathryn Figley, Mayor Heather Pierson, City Recorder Page 5 - City of Woodburn/Marion County Intergovernmental Agreement 33 Iii♦ 4 B V' March 13, 2017 TO: Honorable Mayor and City Council FROM: Scott Derickson, City Administrator SUBJECT: City Council FY 2017-18 Goals RECOMMENDATION: Via a motion, approve the 2017-18 City Council Goals. BACKGROUND: During the City Council's March 4, 2017 Goal-Setting Retreat, the City Council developed a set of prioritized goals for 2017-18. It was also determined the goal list, while certainly not all inclusive of all of the City Council's desires for the community, would focus on a reasonable number of goals the City Council felt were important and could be accomplished within the next 24 months. Goals included: 2017-18 Goals • Rebuild the City's planning and development capacity in order to successfully manage the significant and anticipated development in upcoming years. • Continue the City's economic development activities for the purpose of attracting capital investment, jobs and an improved quality of life for Woodburn residents. • Community outreach with the goal of strengthening the City's relationship with all aspects of our community. • Expand the City's efforts to build community based public safety programming as a means of further building and maintaining good community/police relationships. • Development an assessment and plan for pursuing a Community Center. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 34 Honorable Mayor and City Council March 13, 2017 Page 2 2017-18 Urban Renewal Goal • Complete the design and recommendation for funding the completion of the First Street Project. DISCUSSION: Now that the City Council has reached consensus on its 2017-18 goals, officially adopting those goals is the next step in the implementation process. Proposed 2017-18 City Council goals are being presented for Council deliberation and approval. FINANCIAL IMPACT: The fiscal impact, if any, associated with the implementation of these goals is unknown at this time. Staff will work diligently to utilize existing resources, partnerships and grant programs whenever possible for achieving City Council goals in the upcoming year. 35 �'I'1 r I Iii♦ r} B V' March 13, 2017 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator SUBJECT: Appointment of Administrator Pro Tem RECOMMENDATION: It is recommended the City Council appoint Assistant City Administrator Jim Row as Administrator Pro Tem for the period March 25 through April 3, 2017. BACKGROUND: Pursuant to Section 21 (e) of the Woodburn Charter, the City Council shall appoint an Administrator Pro Tem as appropriate. Assistant City Administrator Jim Row has agreed to serve in this Pro Tem capacity from March 25 to April 3, 2017. The Pro Tem 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 36