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February 12, 2018 Agenda FIGLEY,MAYOR HRYN CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V FEBRUARY 12, 2018 - 7:00 P.M. ERIC MORRIS,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. City Hall and the Library will be closed on February 19 in observance of President's Day. The Aquatic Center and Transitwill be open regular business hours that day. B. An open house for the Transportation System Plan Update will take place February 22, 2018 from 5:00 pm to 6:30 pm in the Council Chambers at City Hall. Appointments: None. 4. WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY 5. 10 MINUTE RECESS 6. COMMUNITY/GOVERNMENT ORGANIZATIONS A. Proposed Aurora Airport Legislation 1 7. PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: 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.** February 12, 2018 Council Agenda Page i 8. COMMUNICATIONS None. 9. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 10. 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 January 22, 2018 41 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session minutes of January 45 22, 2018 Recommended Action: Approve the minutes. 11. TABLED BUSINESS None. 12. PUBLIC HEARINGS None. 13. 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. 3056 - An Ordinance Granting a 46 Telecommunications Franchise to Mobilitie, LLC, to Occupy Certain Rights-of-Way Within The City of Woodburn, and Declaring an Emergency Recommended Action: Adopt Ordinance 2553 granting a telecommunications franchise to Mobilitie, LLC ("Mobilitie") and authorizing facilities within City rights-of-way. B. Council Bill No. 3057 - An Ordinance Amending Ordinance 63 2552, the Solid Waste Management Ordinance, to Correct Typographical Errors Before the Effective Date of Said Ordinance and Declaring an Emergency Recommended Action: Adopt the attached Ordinance amending Ordinance 2552, the Solid Waste Management Ordinance to correct typographical errors. February 12, 2018 Council Agenda Page ii C. Draft Amendment to the Public Arts and Mural Ordinance No. 66 2491 Recommended Action: Review and provide feedback to the Proposed Amendments to the Public Arts and Mural Ordinance No. 2491 . 14. 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. A. Call-Up Briefing: Planning Commission Approval of a Consolidated 77 Land Use Package of a Design Review and Phasing Plan Applications for Mt. Hood [Mini-Storage] Project Phase II at 1055 Mt. Hood Ave (DR 2017-08 & PP 2017-01) Recommended Action: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section 4.02.02. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. B. Call-Up Briefing: Planning Commission Approval of a Consolidated 81 Land Use Package of a Design Review, Exception to Street Right of Way and Improvement Requirements ("Street Exception"), and Variance Applications for Colonia Unidad at 1750 Park Ave(DR 2017- 08, EXCP 2017-02, & VAR 2017-13) Recommended Action: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section 4.02.02. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). 18. ADJOURNMENT February 12, 2018 Council Agenda Page iii ti Waom.D..B.U.R,N MEMORANDUM To: Scott Derickson, City Administrator FROM: Jamie Johnk, Economic Development Director RE: HB 4092—Aurora Airport Runway Extension The City has been closely following the proposed Aurora Airport runway expansion project, which would include a 1,000-foot extension of the existing runway. The expansion would allow aircraft to depart with full fuel and cargo loads, which the current runway does not entirely support. Regionally, there has been a great deal of discussion and controversy regarding the proposed runway extension with some groups actively opposing the project while others are supporting the expansion. Several municipalities are currently deciding whether to support or oppose the project. Mayor Figley and staff recently toured the Aurora Airport to gain a better understanding of the proposed expansion effort. From Woodburn's economic development perspective, the Aurora Airport serves as a valuable asset to the region. With promoting Woodburn's Southwest Industrial Reserve sites to large corporations and developers, the proximity of the Airport is an excellent marketing component. In addition, the Aurora Airport employs 1,200 people many of which live in the Woodburn community. Two companies located at the airport have satellite locations in Woodburn (Wilson Construction and Columbia Helicopters) and employ 40-50 people locally. In the Legislature, Representative Rick Lewis has sponsored HB 4092 in support of the Aurora Airport Runway Extension, which Marion County has endorsed. The City has been asked to join Marion County in supporting the Aurora Airport expansion project and HB 4092. County Commissioner Kevin Cameron would like to discuss the proposed Aurora Airport expansion project, HB 4092 and ask that the City Council support this effort. In addition, staff was asked to share the attached copy of HB 4092 and additional information on the proposed project, which is attached for your review. I have also provided a copy of the letter submitted by the Marion County Commissioners supporting the Aurora Airport runway expansion. Please let me know if you have any questions or require additional information. Office of the Economic Develop nienf'Director, 2-70 Alontgonmy Stree7 e ffoodhurn, Orcgor2 970I1 Ph. 503, 980-6319-Fax 503-%0-2,,-448;,':, 1 ) d ion VVVu uuuuuuuuoouuuuo Board of Commissioners i (503) 588-5212 January 25, 2018 (503) 588-5237-FAX Representative Rick Lewis P Oregon Legislative Assembly 900 Court Street NE, H-479 BOARD OF Salem, OR 97301 COMMISSIONERS RE: HB 4092 Aurora Airport Runway Expansion Janet Carlson Kevin Cameron Dear Representative Lewis: Sam Brentano The Marion County Board of Commissioners strongly supports HB 4092,the Aurora Airport runway expansion. The airport site is a unique asset to not only Marion County, CHIEF but the Metro Region, City of Wilsonville and the businesses that operate with the need ADMINISTRATIVE for corporate aircraft. OFFICER John Lattimer The Aurora Airport is one of the busiest and largest state-owned airports in the state with nearly 95,000 aircraft operations per year. Federal, state, and local governments, along with private businesses, have invested in the airport for at least a decade, helping create approximately 1,200 direct jobs and cultivating a robust property tax base, resulting in growing revenue for the citizens of Marion County and beyond. The airport's current runway length of 5,000 feet is inadequate for modern corporate and private aircraft. Annually at least 500 "constrained operations"take place with these aircraft where they need to take off and land with reduced fuel and cargo loads due to the length of the runway. To accommodate corporate aircraft,the 1976 Aurora Airport Master Plan, updated in 2013, calls for adding 1,000 feet to the existing runway for a total of 6,000 feet. Included in the plan is a request by Charbonneau and surrounding neighbors for the runway to extend south instead of north. (Lengthening the runway to the south by 1,000 feet falls within the "public"zone away from residential areas and within the boundary established in the 1976 Master Plan.) Marion County has spent considerable resources researching and developing the county's comprehensive plan. The 1976 Aurora State Airport Master Plan is included in the county's comprehensive plan as a component of theplan's background and inventory. The county's comprehensive plan and "public"zone were vetted in a public process and acknowledged by the Oregon Land Conservation and Development Commission. The airport facility is also included as a part of Marion County's Transportation System Plan. 555 Court Street NE, 5"'Floor•P.O. Box 14500 • Salem, OR 97309-5036 •www c o.niar ior7.or.u4 2 Page 2 January 25, 2018 Representative Rick Lewis HB 4092 Aurora Airport Runway Expansion All proposed improvements to the airport have been extensively reviewed in the public process. The last master plan update involved convening representatives from all surrounding cities and counties and concluded after a three year process. i HB 4092 is not the first public facility the Oregon legislature has allowed outright use of EFU zoned land. l Rural fire stations, utility facilities necessary for public service, and modifications of existing roadways have all been granted an exception in prior years. I 1 Marion County asks for your support for the Aurora Airport runway expansion, and would be happy to answer any questions you may have. i Sincerely, Vn Carlsc i, rr KevinCameron, Vice Chair i l Samuel A. Brentano, Commissioner s I i t i 555 Court Street NE, 5`}'Floor•P.O.Box 14500 ® Salem,OR 97309-5036 e wwm/,co,nIar-1on.or... s,, 3 AURORA AIRPORT IMPROVEMENT I I Support Aurora Airport Runway Extension (LC 79,Rep.Rick Lewis Chief Sponsor) Problem: Aurora Airport(KUAO) is the largest of the state-owned airports and one of the top 5 busiest airports in the state with nearly 95,000 aircraft operations per year. However,the current runway length is inadequate and results in at least SOO'constrained operations' peryear in which commercial planes must eliminate fuel and cargo to take off and land at Aurora because the runway is too short for modern day aircraft. At approximately 5,000 feet in length,the Aurora Airport runway is the 31St longest runway of all the airports in Oregon. The master plan for the Aurora Airport includes a 6,000 ft runway and runway protection zone that requires the use of adjacent EFU parcels, but state law is not clear that an airport runway and protection zone is an allowable use of EFU land. Clarity is needed to secure federal funding for runway extension. Solution: Clarify that the 1,000 ft Aurora-specific runway extension and its necessary features(radar, parallel taxiway)are an allowed use of EFU land. Why is this the right solution for Aurora? • This extension is in the 1976 Aurora Airport Master Plan and was intended to be constructed by 1995. Its badly needed and overdue o Corporate jets cannot take off or land with full fuel or full passengers o Many major employers' insurance policies require a longer runway length. • A 1,000 ft runway extension is reflected in the Marion County acknowledged comp plan and in the 2013 ODA/FAA updated Aurora Airport Master Plan. • This would not be the first public facility that the Oregon legislature has made an allowed outright use of EFU zoned land—rural fire stations, utility facilities necessary for public service, and modifications of existing roadways have all been made permitted outright uses of EFU land. Supporters of public facilities have ensured those needed public facilities could be developed without spending scarce public resources in land use processes and appeals • The runway extension does not accommodate a different type of corporate jet than already uses the airport. KUAO cannot accommodate commercial jets. The jets that use KUAO are quieter than props and pistons. • The runway extension will largely be in the existing airport boundary. The runway extension will also go to the south, away from residential areas. The RPZ will be outside the existing boundary and-encroach-on-EF-U-land,-but_the-EF-U land-can-and will-stay in agricultural-production • A 1,000 ft runway extension is eventually going to happen. KUAO's growth will necessitate it. The question is whether it happens after years of appeals and countless expenditures of public money,or whether we can enable what has already been approved to be built. For more information, contact:JL Wilson or Justen Rainey, Public Affairs Counsel: 503-363-7084 4 LC 79 2018 Regular Session 1/3/18 (LAS/ps) D RAF T SUMMARY Establishes standards for expansion of state airport on land zoned for exclusive farm use. 1 A BILL FOR AN ACT 2 Relating to state airports; creating new provisions; and amending ORS 3 215.283. 4 Be It Enacted by the People of the State of Oregon: 5 SECTION 1. (1) As used in this section: 6 (a) "Runway area" means a runway, taxiway, access road, safety 7 area or runway protection zone. 8 (b) "State airport" means an airport or air navigation facility owned 9 or controlled by the State of Oregon. 10 (2) If a state airport has at least 350 based aircraft, as reported to 11 the Federal Aviation Administration, the Oregon Department of Avi- 12 ation, as authorized by the State Aviation Board, may extend a state 13 airport runway area on land zoned for exclusive farm use under ORS 14 215.283 (1)(z). 15 (3) A state airport runway area extension under this section may 16 include new or expanded facilities for aviation-related equipment that 17 support runway areas___ 18 SECTION 2. (1) A local government shall amend its comprehensive 19 plan and land use regulations to conform to the provisions of section 20 1 of this 2018 Act. 21 (2) Notwithstanding ORS 197.251 and 836.610, a local government NOTE: Matter in boldfaced type in an amended section is new;matter[italic and bracketed]is existing law to be omitted. New sections are in boldfaced type. 5 LC 79 1/3/18 1 amending its land use regulations under this section or approving a 2 state airport runway area extension is not: 3 (a) Subject to the post-acknowledgement procedures under ORS 4 197.610 to 197.651; 5 (b) Required to demonstrate compliance with any statewide plan- 6 ning goal; or 7 (c) Required to obtain an exception to any statewide planning goal. 8 SECTION 3. ORS 215.283 is amended to read. 9 215.283. (1) The following uses may be established in any area zoned for 10 exclusive farm use: 11 (a) Churches and cemeteries in conjunction with churches. 12 (b) The propagation or harvesting of a forest product. 13 (c) Utility facilities necessary for public service, including wetland waste 14 treatment systems but not including commercial facilities for the purpose of 15 generating electrical power for public use by sale or transmission towers 16 over 200 feet in height. A utility facility necessary for public service may 17 be established as provided in: 18 (A) ORS 215.275; or 19 (B) If the utility facility is an associated transmission line, as defined in 20 ORS 215.274 and 469.300. 21 (d) A dwelling on real property used for farm use if the dwelling is oc- 22 cupied by a relative of the farm operator or the farm operator's spouse, 23 which means a child, parent, stepparent, grandchild, grandparent, 24 stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, 25 if the farm operator does or will require the assistance of the relative in the 26 management of the farm use and the dwelling is located on the same lot or 27 parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 28 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if 29 the owner of a dwelling described in this paragraph obtains construction fi- 30 nancing or other financing secured by the dwelling and the secured party 31 forecloses on the dwelling, the secured party may also foreclose on the [2] 6 LC 79 1/3/18 1 homesite, as defined in ORS 308A.250, and the foreclosure shall operate as 2 a partition of the homesite to create a new parcel. 3 (e) Subject to ORS 215.279, primary or accessory dwellings and other 4 buildings customarily provided in conjunction with farm use. 5 (f) Operations for the exploration for and production of geothermal re- 6 sources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, 7 including the placement and operation of compressors, separators and other 8 customary production equipment for an individual well adjacent to the 9 wellhead. Any activities or construction relating to such operations shall not 10 be a basis for an exception under ORS 197.732 (2)(a) or (b). 11 (g) Operations for the exploration for minerals as defined by ORS 517.750. 12 Any activities or construction relating to such operations shall not be a ba- 13 sis for an exception under ORS 197.732 (2)(a) or (b). 14 (h) Climbing and passing lanes within the right of way existing as of July 15 1, 1987. 16 (i) Reconstruction or modification of public roads and highways, including 17 the placement of utility facilities overhead and in the subsurface of public 18 roads and highways along the public right of way, but not including the 19 addition of travel lanes, where no removal or displacement of buildings 20 would occur, or no new land parcels result. 21 0) Temporary public road and highway detours that will be abandoned 22 and restored to original condition or use at such time as no longer needed. 23 (k) Minor betterment of existing public road and highway related facili- 24 ties such as maintenance yards, weigh stations and rest areas, within right 25 of way existing as of July 1, 1987, and contiguous public-owned property 26 utilized to support the operation and maintenance of public roads and high- 27 ways. 28 (L) A replacement dwelling to be used in conjunction with farm use if the 29 existing dwelling has been listed in a county inventory as historic property 30 as defined in ORS 358.480. 31 (m) Creation, restoration or enhancement of wetlands. [3] 7 LC 79 1/3/18 1 (n) A winery, as described in ORS 215.452 or 215.453. 2 (o) Farm stands if- 3 (A) The structures are designed and used for the sale of farm crops or 4 livestock grown on the farm operation, or grown on the farm operation and 5 other farm operations in the local agricultural area, including the sale of 6 retail incidental items and fee-based activity to promote the sale of farm 7 crops or livestock sold at the farm stand if the annual sale of incidental 8 items and fees from promotional activity do not make up more than 25 per- 9 cent of the total annual sales of the farm stand; and 10 (B) The farm stand does not include structures designed for occupancy 11 as a residence or for activity other than the sale of farm crops or livestock 12 and does not include structures for banquets, public gatherings or public 13 entertainment. 14 (p) Subject to section 2, chapter 462, Oregon Laws 2013, alteration, res- 15 toration or replacement of a lawfully established dwelling. 16 (q) A site for the takeoff and landing of model aircraft, including such 17 buildings or facilities as may reasonably be necessary. Buildings or facilities 18 shall not be more than 500 square feet in floor area or placed on a permanent 19 foundation unless the building or facility preexisted the use approved under 20 this paragraph. The site shall not include an aggregate surface or hard sur- 21 face area unless the surface preexisted the use approved under this para- 22 graph. An owner of property used for the purpose authorized in this 23 paragraph may charge a person operating the use on the property rent for 24 the property. An operator may charge users of the property a fee that does 25 not exceed the operator's cost to maintain the property, buildings and facil- 26 ities. As used in this paragraph, "model aircraft" means a small-scale version 27 of an airplane, glider, helicopter, dirigible or balloon that is used or intended 28 to be used for flight and is controlled by radio, lines or design by a person 29 on the ground. 30 (r) A facility for the processing of farm crops or for the production of 31 biofuel, as defined in ORS 315.141, if the facility is located on a farm oper- [4] 8 LC 79 1/3/18 1 ation that provides at least one-quarter of the farm crops processed at the 2 facility, or an establishment for the slaughter, processing or selling of 3 poultry or poultry products pursuant to ORS 603.038. If a building is estab- 4 lished or used for the processing facility or establishment, the farm operator 5 may not devote more than 10,000 square feet of floor area to the processing 6 facility or establishment, exclusive of the floor area designated for prepara- 7 tion, storage or other farm use. A processing facility or establishment must 8 comply with all applicable siting standards but the standards may not be 9 applied in a manner that prohibits the siting of the processing facility or 10 establishment. 11 (s) Fire service facilities providing rural fire protection services. 12 (t) Irrigation reservoirs, canals, delivery lines and those structures and 13 accessory operational facilities, not including parks or other recreational 14 structures and facilities, associated with a district as defined in ORS 540.505. 15 (u) Utility facility service lines. Utility facility service lines are utility 16 lines and accessory facilities or structures that end at the point where the 17 utility service is received by the customer and that are located on one or 18 more of the following: 19 (A) A public right of way; 20 (B) Land immediately adjacent to a public right of way, provided the 21 written consent of all adjacent property owners has been obtained; or 22 (C) The property to be served by the utility. 23 (v) Subject to the issuance of a license, permit or other approval by the 24 Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 25 468B.053 or 468B.055, or in compliance with rules adopted under ORS 26 46813.095, and as provided in ORS 215.246 to 215.251, the land application of 27 reclaimed water,--agricultural or industrial process water or biosolids, or the 28 onsite treatment of septage prior to the land application of biosolids, for 29 agricultural, horticultural or silvicultural production, or for irrigation in 30 connection with a use allowed in an exclusive farm use zone under this 31 chapter. For the purposes of this paragraph, onsite treatment of septage prior [5] 9 LC 79 1/3/18 1 to the land application of biosolids is limited to treatment using treatment 2 facilities that are portable, temporary and transportable by truck trailer, as 3 defined in ORS 801.580, during a period of time within which land applica- 4 tion of biosolids is authorized under the license, permit or other approval. 5 (w) A county law enforcement facility that lawfully existed on August 20, 6 2002, and is used to provide rural law enforcement services primarily in rural 7 areas, including parole and post-prison supervision, but not including a s correctional facility as defined under ORS 162.135. 9 (x) Dog training classes or testing trials, which may be conducted out- 10 doors or in preexisting farm buildings, when: 11 (A) The number of dogs participating in training does not exceed 10 dogs 12 per training class and the number of training classes to be held on-site does 13 not exceed six per day; and 14 (B) The number of dogs participating in a testing trial does not exceed 15 60 and the number of testing trials to be conducted on-site is limited to four 16 or fewer trials per calendar year. 17 (y) A cider business, as described in ORS 215.451. 18 (z) A state airport runway area extension, as described in section 1 19 of this 2018 Act. 20 (2) The following nonfarm uses may be established, subject to the ap- 21 proval of the governing body or its designee in any area zoned for exclusive 22 farm use subject to ORS 215.296: 23 (a) Commercial activities that are in conjunction with farm use, including 24 the processing of farm crops into biofuel not permitted under ORS 215.203 25 (2)(b)(K) or subsection (1)(r) of this section. 26 (b) Operations conducted for: 27 (A) Mining and processing of geothermal resources as defined by ORS 28 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted 29 under subsection (1)(f) of this section; 30 (B) Mining, crushing or stockpiling of aggregate and other mineral and 31 other subsurface resources subject to ORS 215.298; [6] 10 LC 79 1/3/18 1 (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or 2 portland cement; and 3 (D) Processing of other mineral resources and other subsurface resources. 4 (c) Private parks, playgrounds, hunting and fishing preserves and 5 campgrounds. Subject to the approval of the county governing body or its 6 designee, a private campground may provide yurts for overnight camping. 7 No more than one-third or a maximum of 10 campsites, whichever is smaller, 8 may include a yurt. The yurt shall be located on the ground or on a wood 9 floor with no permanent foundation. Upon request of a county governing 10 body, the Land Conservation and Development Commission may provide by 11 rule for an increase in the number of yurts allowed on all or a portion of 12 the campgrounds in a county if the commission determines that the increase 13 will comply with the standards described in ORS 215.296 (1). As used in this 14 paragraph, "yurt" means a round, domed shelter of cloth or canvas on a 15 collapsible frame with no plumbing, sewage disposal hookup or internal 16 cooking appliance. 17 (d) Parks and playgrounds. A public park may be established consistent 18 with the provisions of ORS 195.120. 19 (e) Community centers owned by a governmental agency or a nonprofit 20 community organization and operated primarily by and for residents of the 21 local rural community. A community center authorized under this paragraph 22 may provide services to veterans, including but not limited to emergency and 23 transitional shelter, preparation and service of meals, vocational and educa- 24 tional counseling and referral to local, state or federal agencies providing 25 medical, mental health, disability income replacement and substance abuse 26 services, only in a facility that is in existence on January 1, 2006. The ser- 27 vices may not include direct delivery of medical, mental health, disability 28 income replacement or substance abuse services. 29 M Golf courses on land: 30 (A) Determined not to be high-value farmland, as defined in ORS 195.300 31 (10); or [71 11 LC 79 1/3/18 1 (B) Determined to be high-value farmland described in ORS 195.300 (10)(c) 2 if the land: 3 (i) Is not otherwise described in ORS 195.300 (10); 4 (ii) Is surrounded on all sides by an approved golf course; and 5 (iii) Is west of U.S. Highway 101. 6 (g) Commercial utility facilities for the purpose of generating power for 7 public use by sale. If the area zoned for exclusive farm use is high-value 8 farmland, a photovoltaic solar power generation facility may be established 9 as a commercial utility facility as provided in ORS 215.447. 10 (h) Personal-use airports for airplanes and helicopter pads, including as- 11 sociated hangar, maintenance and service facilities. A personal-use airport, 12 as used in this section, means an airstrip restricted, except for aircraft 13 emergencies, to use by the owner, and, on an infrequent and occasional basis, 14 by invited guests, and by commercial aviation activities in connection with 15 agricultural operations. No aircraft may be based on a personal-use airport 16 other than those owned or controlled by the owner of the airstrip. Ex- 17 ceptions to the activities permitted under this definition may be granted 18 through waiver action by the Oregon Department of Aviation in specific in- 19 stances. A personal-use airport lawfully existing as of September 13, 1975, 20 shall continue to be permitted subject to any applicable rules of the Oregon 21 Department of Aviation. 22 (i) Home occupations as provided in ORS 215.448. 23 0) A facility for the primary processing of forest products, provided that 24 such facility is found to not seriously interfere with accepted farming prac- 25 tices and is compatible with farm uses described in ORS 215.203 (2). Such a 26 facility may be approved for a one-year period which is renewable. These 27 facilities are intended to be only portable or temporary in nature. The pri- 28 mary processing of a forest product, as used in this section, means the use 29 of a portable chipper or stud mill or other similar methods of initial treat- 30 ment of a forest product in order to enable its shipment to market. Forest 31 products, as used in this section, means timber grown upon a parcel of land [8] 12 LC 79 1/3/18 1 or contiguous land where the primary processing facility is located. 2 (k) A site for the disposal of solid waste approved by the governing body 3 of a city or county or both and for which a permit has been granted under 4 ORS 459.245 by the Department of Environmental Quality together with 5 equipment, facilities or buildings necessary for its operation. 6 (L) One manufactured dwelling or recreational vehicle, or the temporary 7 residential use of an existing building, in conjunction with an existing 8 dwelling as a temporary use for the term of a hardship suffered by the ex- 9 isting resident or a relative of the resident. Within three months of the end 10 of the hardship, the manufactured dwelling or recreational vehicle shall be 11 removed or demolished or, in the case of an existing building, the building 12 shall be removed, demolished or returned to an allowed nonresidential use. 13 The governing body or its designee shall provide for periodic review of the 14 hardship claimed under this paragraph. A temporary residence approved un- 15 der this paragraph is not eligible for replacement under subsection (1)(p) of 16 this section. 17 (m) Transmission towers over 200 feet in height. 18 (n)(A) Commercial dog boarding kennels; or 19 (B) Dog training classes or testing trials that cannot be established under 20 subsection (10) of this section. 21 (o) Residential homes as defined in ORS 197.660, in existing dwellings. 22 (p) The propagation, cultivation, maintenance and harvesting of aquatic 23 species that are not under the jurisdiction of the State Fish and Wildlife 24 Commission or insect species. Insect species shall not include any species 25 under quarantine by the State Department of Agriculture or the United 26 States Department of Agriculture. The county shall provide notice of all 27 applications under this paragraph to the State Department of Agriculture. 28 Notice shall be provided in accordance with the county's land use regu- 29 lations but shall be mailed at least 20 calendar days prior to any adminis- 30 trative decision or initial public hearing on the application. 31 (q) Construction of additional passing and travel lanes requiring the ac- 191 13 LC 79 1/3/18 1 quisition of right of way but not resulting in the creation of new land par- 2 cels. 3 (r) Reconstruction or modification of public roads and highways involving 4 the removal or displacement of buildings but not resulting in the creation 5 of new land parcels. 6 (s) Improvement of public road and highway related facilities, such as 7 maintenance yards, weigh stations and rest areas, where additional property 8 or right of way is required but not resulting in the creation of new land 9 parcels. 10 (t) A destination resort that is approved consistent with the requirements 11 of any statewide planning goal relating to the siting of a destination resort. 12 (u) Room and board arrangements for a maximum of five unrelated per- 13 sons in existing residences. 14 (v) Operations for the extraction and bottling of water. 15 (w) Expansion of existing county fairgrounds and activities directly re- 16 lating to county fairgrounds governed by county fair boards established 17 pursuant to ORS 565.210. 18 (x) A living history museum related to resource based activities owned 19 and operated by a governmental agency or a local historical society, together 20 with limited commercial activities and facilities that are directly related to 21 the use and enjoyment of the museum and located within authentic buildings 22 of the depicted historic period or the museum administration building, if 23 areas other than an exclusive farm use zone cannot accommodate the mu- 24 seum and related activities or if the museum administration buildings and 25 parking lot are located within one quarter mile of an urban growth bound- 26 ary. As used in this paragraph: 27 (A) "Living history museum" means a facility designed to depict and in- 28 terpret everyday life and culture of some specific historic period using au- 29 thentic buildings, tools, equipment and people to simulate past activities and 30 events; and 31 (B) "Local historical society" means the local historical society recog- [10] 14 LC 79 1/3/18 1 nized by the county governing body and organized under ORS chapter 65. 2 (y) An aerial fireworks display business that has been in continuous op- 3 eration at its current location within an exclusive farm use zone since De- o cember 31, 1986, and possesses a wholesaler's permit to sell or provide 5 fireworks. 6 (z) A landscape contracting business, as defined in ORS 671.520, or a 7 business providing landscape architecture services, as described in ORS 8 671.318, if the business is pursued in conjunction with the growing and 9 marketing of nursery stock on the land that constitutes farm use. 10 (aa) Public or private schools for kindergarten through grade 12, includ- 11 ing all buildings essential to the operation of a school, primarily for resi- 12 dents of the rural area in which the school is located. 13 (3) Roads, highways and other transportation facilities and improvements 14 not allowed under subsections (1) and (2) of this section may be established, 15 subject to the approval of the governing body or its designee, in areas zoned 16 for exclusive farm use subject to: 17 (a) Adoption of an exception to the goal related to agricultural lands and 18 to any other applicable goal with which the facility or improvement does not 19 comply; or 20 (b) ORS 215.296 for those uses identified by rule of the Land Conservation 21 and Development Commission as provided in section 3, chapter 529, Oregon 22 Laws 1993. 23 (4) The following agri-tourism and other commercial events or activities 24 that are related to and supportive of agriculture may be established in any 25 area zoned for exclusive farm use: 26 (a) A county may authorize a single agri-tourism or other commercial 27 event or activity on a tract in a calendar year by an authorization that is 28 personal to the applicant and is not transferred by, or transferable with, a 29 conveyance of the tract, if the agri-tourism or other commercial event or 30 activity meets any local standards that apply and: 31 (A) The agri-tourism or other commercial event or activity is incidental [11] 15 LC 79 1/3/18 1 and subordinate to existing farm use on the tract; 2 (B) The duration of the agri-tourism or other commercial event or activity 3 does not exceed 72 consecutive hours; 4 (C) The maximum attendance at the agri-tourism or other commercial 5 event or activity does not exceed 500 people; 6 (D) The maximum number of motor vehicles parked at the site of the 7 agri-tourism or other commercial event or activity does not exceed 250 ve- 8 hicles; 9 (E) The agri-tourism or other commercial event or activity complies with 10 ORS 215.296; 11 (F) The agri-tourism or other commercial event or activity occurs out- 12 doors, in temporary structures, or in existing permitted structures, subject 13 to health and fire and life safety requirements; and 14 (G) The agri-tourism or other commercial event or activity complies with 15 conditions established for: 16 (i) Planned hours of operation; 17 (ii) Access, egress and parking; 18 (iii) A traffic management plan that identifies the projected number of 19 vehicles and any anticipated use of public roads; and 20 (iv) Sanitation and solid waste. 21 (b) In the alternative to paragraphs (a) and (c) of this subsection, a 22 county may authorize, through an expedited, single-event license, a single 23 agri-tourism or other commercial event or activity on a tract in a calendar 24 year by an expedited, single-event license that is personal to the applicant 25 and is not transferred by, or transferable with, a conveyance of the tract. A 26 decision concerning an expedited, single-event license is not a land use de- 27 cision, as defined in ORS 197.015. To approve an expedited, single-event li- 28 cense, the governing body of a county or its designee must determine that 29 the proposed agri-tourism or other commercial event or activity meets any 30 local standards that apply, and the agri-tourism or other commercial event 31 or activity: [12] 16 LC 79 1/3/18 1 (A) Must be incidental and subordinate to existing farm use on the tract; 2 (B) May not begin before 6 a.m. or end after 10 p.m.; 3 (C) May not involve more than 100 attendees or 50 vehicles; 4 (D) May not include the artificial amplification of music or voices before 5 8 a.m. or after 8 p.m.; 6 (E) May not require or involve the construction or use of a new perma- 7 nent structure in connection with the agri-tourism or other commercial event 8 or activity; 9 (F) Must be located on a tract of at least 10 acres unless the owners or 10 residents of adjoining properties consent, in writing, to the location; and 11 (G) Must comply with applicable health and fire and life safety require- 12 ments. 13 (c) In the alternative to paragraphs (a) and (b) of this subsection, a 14 county may authorize up to six agri-tourism or other commercial events or 15 activities on a tract in a calendar year by a limited use permit that is per- 16 sonal to the applicant and is not transferred by, or transferable with, a 17 conveyance of the tract. The agri-tourism or other commercial events or 18 activities must meet any local standards that apply, and the agri-tourism or 19 other commercial events or activities: 20 (A) Must be incidental and subordinate to existing farm use on the tract; 21 (B) May not, individually, exceed a duration of 72 consecutive hours; 22 (C) May not require that a new permanent structure be built, used or 23 occupied in connection with the agri-tourism or other commercial events or 24 activities; 25 (D) Must comply with ORS 215.296; 26 (E) May not, in combination with other agri-tourism or other commercial 27 events or activities authorized in the area, materially alter the stability of 28 the land use pattern in the area; and 29 (F) Must comply with conditions established for: 30 (i) The types of agri-tourism or other commercial events or activities that 31 are authorized during each calendar year, including the number and duration [13] 17 LC 79 1/3/18 1 of the agri-tourism or other commercial events and activities, the anticipated 2 daily attendance and the hours of operation; 3 (ii) The location of existing structures and the location of proposed tem- 4 porary structures to be used in connection with the agri-tourism or other 5 commercial events or activities; 6 (iii) The location of access and egress and parking facilities to be used 7 in connection with the agri-tourism or other commercial events or activities; 8 (iv) Traffic management, including the projected number of vehicles and 9 any anticipated use of public roads; and 10 (v) Sanitation and solid waste. 11 (d) In addition to paragraphs (a) to (c) of this subsection, a county may 12 authorize agri-tourism or other commercial events or activities that occur 13 more frequently or for a longer period or that do not otherwise comply with 14 paragraphs (a) to (c) of this subsection if the agri-tourism or other commer- 15 cial events or activities comply with any local standards that apply and the 16 agri-tourism or other commercial events or activities: 17 (A) Are incidental and subordinate to existing commercial farm use of the 18 tract and are necessary to support the commercial farm uses or the com- 19 mercial agricultural enterprises in the area; 20 (B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) 21 of this subsection; 22 (C) Occur on a lot or parcel that complies with the acknowledged mini- 23 mum lot or parcel size; and 24 (D) Do not exceed 18 events or activities in a calendar year. 25 (5) A holder of a permit authorized by a county under subsection (4)(d) 26 of this section must request review of the permit at four-year intervals. Upon 27 receipt of a request for review, the county shall: 28 (a) Provide public notice and an opportunity for public comment as part 29 of the review process; and 30 (b) Limit its review to events and activities authorized by the permit, 31 conformance with conditions of approval required by the permit and the [141 18 LC 79 1/3/18 1 standards established by subsection (4)(d) of this section. 2 (6) For the purposes of subsection (4) of this section: 3 (a) A county may authorize the use of temporary structures established 4 in connection with the agri-tourism or other commercial events or activities 5 authorized under subsection (4) of this section. However, the temporary 6 structures must be removed at the end of the agri-tourism or other event or 7 activity. The county may not approve an alteration to the land in connection 8 with an agri-tourism or other commercial event or activity authorized under 9 subsection (4) of this section, including, but not limited to, grading, filling 10 or paving. 11 (b) The county may issue the limited use permits authorized by subsection 12 (4)(c) of this section for two calendar years. When considering an application 13 for renewal, the county shall ensure compliance with the provisions of sub- 14 section (4)(c) of this section, any local standards that apply and conditions 15 that apply to the permit or to the agri-tourism or other commercial events 16 or activities authorized by the permit. 17 (c) The authorizations provided by subsection (4) of this section are in 18 addition to other authorizations that may be provided by law, except that 19 "outdoor mass gathering" and "other gathering," as those terms are used in 20 ORS 197.015 (10)(d), do not include agri-tourism or other commercial events 21 and activities. 22 SECTION 4. ORS 215.283, as amended by section 8, chapter 462, Oregon 23 Laws 2013, section 4, chapter 148, Oregon Laws 2017, section 6, chapter 253, 24 Oregon Laws 2017, section 2, chapter 393, Oregon Laws 2017, and section 6, 25 chapter 504, Oregon Laws 2017, is amended to read: 26 215.283. (1) The following uses may be established in any area zoned for 27 exclusive farm use: 28 (a) Churches and cemeteries in conjunction with churches. 29 (b) The propagation or harvesting of a forest product. 30 (c) Utility facilities necessary for public service, including wetland waste 31 treatment systems but not including commercial facilities for the purpose of [15] 19 LC 79 1/3/18 1 generating electrical power for public use by sale or transmission towers 2 over 200 feet in height. A utility facility necessary for public service may 3 be established as provided in: 4 (A) ORS 215.275; or 5 (B) If the utility facility is an associated transmission line, as defined in 6 ORS 215.274 and 469.300. 7 (d) A dwelling on real property used for farm use if the dwelling is oc- 8 cupied by a relative of the farm operator or the farm operator's spouse, 9 which means a child, parent, stepparent, grandchild, grandparent, to stepgrandparent, sibling, stepsibling, niece, nephew or first cousin of either, 11 if the farm operator does or will require the assistance of the relative in the 12 management of the farm use and the dwelling is located on the same lot or 13 parcel as the dwelling of the farm operator. Notwithstanding ORS 92.010 to 14 92.192 or the minimum lot or parcel size requirements under ORS 215.780, if 15 the owner of a dwelling described in this paragraph obtains construction fi- 16 nancing or other financing secured by the dwelling and the secured party 17 forecloses on the dwelling, the secured party may also foreclose on the 18 homesite, as defined in ORS 308A.250, and the foreclosure shall operate as 19 a partition of the homesite to create a new parcel. 20 (e) Subject to ORS 215.279, primary or accessory dwellings and other 21 buildings customarily provided in conjunction with farm use. 22 (f) Operations for the exploration for and production of geothermal re- 23 sources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, 24 including the placement and operation of compressors, separators and other 25 customary production equipment for an individual well adjacent to the 26 wellhead. Any activities or construction relating to such operations shall not 27 be a basis for an exception under ORS 197.732 (2)(a) or (b). 28 (g) Operations for the exploration for minerals as defined by ORS 517.750. 29 Any activities or construction relating to such operations shall not be a ba- 30 sis for an exception under ORS 197.732 (2)(a) or (b). 31 (h) Climbing and passing lanes within the right of way existing as of July [16] 20 LC 79 1/3/18 1 1, 1987. 2 (i) Reconstruction or modification of public roads and highways, including 3 the placement of utility facilities overhead and in the subsurface of public 4 roads and highways along the public right of way, but not including the 5 addition of travel lanes, where no removal or displacement of buildings 6 would occur, or no new land parcels result. 7 0) Temporary public road and highway detours that will be abandoned 8 and restored to original condition or use at such time as no longer needed. 9 (k) Minor betterment of existing public road and highway related facili- 10 ties such as maintenance yards, weigh stations and rest areas, within right 11 of way existing as of July 1, 1987, and contiguous public-owned property 12 utilized to support the operation and maintenance of public roads and high- 13 ways. 14 (L) A replacement dwelling to be used in conjunction with farm use if the 15 existing dwelling has been listed in a county inventory as historic property 16 as defined in ORS 358.480. 17 (m) Creation, restoration or enhancement of wetlands. 18 (n) A winery, as described in ORS 215.452 or 215.453. 19 (o) Farm stands if: 20 (A) The structures are designed and used for the sale of farm crops or 21 livestock grown on the farm operation, or grown on the farm operation and 22 other farm operations in the local agricultural area, including the sale of 23 retail incidental items and fee-based activity to promote the sale of farm 24 crops or livestock sold at the farm stand if the annual sale of incidental 25 items and fees from promotional activity do not make up more than 25 per- 26 cent of the total annual sales of the farm stand; and 27__ __(B) Thefarm_stand-does--not include—structures -designed- for—occupancy 28 or occupancy28 as a residence or for activity other than the sale of farm crops or livestock 29 and does not include structures for banquets, public gatherings or public 30 entertainment. 31 (p) Alteration, restoration or replacement of a lawfully established [17] 21 LC 79 1/3/18 1 dwelling that: 2 (A) Has intact exterior walls and roof structure; 3 (B) Has indoor plumbing consisting of a kitchen sink, toilet and bathing 4 facilities connected to a sanitary waste disposal system; 5 (C) Has interior wiring for interior lights; 6 (D) Has a heating system; and 7 (E) In the case of replacement: 8 (i) Is removed, demolished or converted to an allowable nonresidential use 9 within three months of the completion of the replacement dwelling. A re- 10 placement dwelling may be sited on any part of the same lot or parcel. A 11 dwelling established under this paragraph shall comply with all applicable 12 siting standards. However, the standards shall not be applied in a manner 13 that prohibits the siting of the dwelling. If the dwelling to be replaced is 14 located on a portion of the lot or parcel not zoned for exclusive farm use, 15 the applicant, as a condition of approval, shall execute and record in the 16 deed records for the county where the property is located a deed restriction 17 prohibiting the siting of a dwelling on that portion of the lot or parcel. The 18 restriction imposed shall be irrevocable unless a statement of release is 19 placed in the deed records for the county. The release shall be signed by the 20 county or its designee and state that the provisions of this paragraph re- 21 garding replacement dwellings have changed to allow the siting of another 22 dwelling. The county planning director or the director's designee shall 23 maintain a record of the lots and parcels that do not qualify for the siting 24 of a new dwelling under the provisions of this paragraph, including a copy 25 of the deed restrictions and release statements filed under this paragraph; 26 and 27 (ii) For which the applicant has requested a deferred replacement permit, 28 is removed or demolished within three months after the deferred replacement 29 permit is issued. A deferred replacement permit allows construction of the 30 replacement dwelling at any time. If, however, the established dwelling is 31 not removed or demolished within three months after the deferred replace- [181 22 LC 79 1/3/18 1 ment permit is issued, the permit becomes void. The replacement dwelling 2 must comply with applicable building codes, plumbing codes, sanitation codes 3 and other requirements relating to health and safety or to siting at the time 4 of construction. A deferred replacement permit may not be transferred, by 5 sale or otherwise, except by the applicant to the spouse or a child of the 6 applicant. 7 (q) A site for the takeoff and landing of model aircraft, including such 8 buildings or facilities as may reasonably be necessary. Buildings or facilities 9 shall not be more than 500 square feet in floor area or placed on a permanent to foundation unless the building or facility preexisted the use approved under 11 this paragraph. The site shall not include an aggregate surface or hard sur- 12 face area unless the surface preexisted the use approved under this para- 13 graph. An owner of property used for the purpose authorized in this 14 paragraph may charge a person operating the use on the property rent for 15 the property. An operator may charge users of the property a fee that does 16 not exceed the operator's cost to maintain the property, buildings and facil- 17 ities. As used in this paragraph, "model aircraft" means a small-scale version 18 of an airplane, glider, helicopter, dirigible or balloon that is used or intended 19 to be used for flight and is controlled by radio, lines or design by a person 20 on the ground. 21 (r) A facility for the processing of farm crops or for the production of 22 biofuel, as defined in ORS 315.141, if the facility is located on a farm oper- 23 ation that provides at least one-quarter of the farm crops processed at the 24 facility, or an establishment for the slaughter, processing or selling of 25 poultry or poultry products pursuant to ORS 603.038. If a building is estab- 26 lished or used for the processing facility or establishment, the farm operator 27___may not devote more than_10,000 square__feet of floor area to the processing 28 facility or establishment, exclusive of the floor area designated for prepara- 29 tion, storage or other farm use. A processing facility or establishment must 30 comply with all applicable siting standards but the standards may not be 31 applied in a manner that prohibits the siting of the processing facility or [19] 23 LC 79 1/3/18 1 establishment. 2 (s) Fire service facilities providing rural fire protection services. 3 (t) Irrigation reservoirs, canals, delivery lines and those structures and 4 accessory operational facilities, not including parks or other recreational 5 structures and facilities, associated with a district as defined in ORS 540.505. 6 (u) Utility facility service lines. Utility facility service lines are utility 7 lines and accessory facilities or structures that end at the point where the s utility service is received by the customer and that are located on one or 9 more of the following: 10 (A) A public right of way; 11 (B) Land immediately adjacent to a public right of way, provided the 12 written consent of all adjacent property owners has been obtained; or 13 (C) The property to be served by the utility. 14 (v) Subject to the issuance of a license, permit or other approval by the 15 Department of Environmental Quality under ORS 454.695, 459.205, 46813.050, 16 468B.053 or 468B.055, or in compliance with rules adopted under ORS 17 468B.095, and as provided in ORS 215.246 to 215.251, the land application of 18 reclaimed water, agricultural or industrial process water or biosolids, for the 19 onsite treatment of septage prior to the land application of biosolids, for 20 agricultural, horticultural or silvicultural production, or for irrigation in 21 connection with a use allowed in an exclusive farm use zone under this 22 chapter. For the purposes of this paragraph, onsite treatment of septage prior 23 to the land application of biosolids is limited to treatment using treatment 24 facilities that are portable, temporary and transportable by truck trailer, as 25 defined in ORS 801.580, during a period of time within which land applica- 26 tion of biosolids is authorized under the license, permit or other approval. 27 (w) A county law enforcement facility that lawfully existed on August 20, 28 2002, and is used to provide rural law enforcement services primarily in rural 29 areas, including parole and post-prison supervision, but not including a 30 correctional facility as defined under ORS 162.135. 31 (x) Dog training classes or testing trials, which may be conducted out- [201 24 LC 79 1/3/18 1 doors or in preexisting farm buildings, when: 2 (A) The number of dogs participating in training does not exceed 10 dogs 3 per training class and the number of training classes to be held on-site does 4 not exceed six per day; and 5 (B) The number of dogs participating in a testing trial does not exceed 6 60 and the number of testing trials to be conducted on-site is limited to four 7 or fewer trials per calendar year. s (y) A cider business, as described in ORS 215.451. 9 (z) A state airport runway area extension, as described in section 1 to of this 2018 Act. 11 (2) The following nonfarm uses may be established, subject to the ap- 12 proval of the governing body or its designee in any area zoned for exclusive 13 farm use subject to ORS 215.296: 14 (a) Commercial activities that are in conjunction with farm use, including 15 the processing of farm crops into biofuel not permitted under ORS 215.203 16 (2)(b)(K) or subsection (1)(r) of this section. 17 (b) Operations conducted for: 18 (A) Mining and processing of geothermal resources as defined by ORS 19 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted 20 under subsection (1)(f) of this section; 21 (B) Mining, crushing or stockpiling of aggregate and other mineral and 22 other subsurface resources subject to ORS 215.298; 23 (C) Processing, as defined by ORS 517.750, of aggregate into asphalt or 24 portland cement; and 25 (D) Processing of other mineral resources and other subsurface resources. 26 (c) Private parks, playgrounds, hunting and fishing preserves and 7 campgrounds. Subject to the approval of the county governing body or its 28 designee, a private campground may provide yurts for overnight camping. 29 No more than one-third or a maximum of 10 campsites, whichever is smaller, 30 may include a yurt. The yurt shall be located on the ground or on a wood 31 floor with no permanent foundation. Upon request of a county governing [21] 25 LC 79 1/3/18 1 body, the Land Conservation and Development Commission may provide by 2 rule for an increase in the number of yurts allowed on all or a portion of 3 the campgrounds in a county if the commission determines that the increase 4 will comply with the standards described in ORS 215.296 (1). As used in this 5 paragraph, "yurt" means a round, domed shelter of cloth or canvas on a 6 collapsible frame with no plumbing, sewage disposal hookup or internal 7 cooking appliance. 8 (d) Parks and playgrounds. A public park may be established consistent 9 with the provisions of ORS 195.120. 10 (e) Community centers owned by a governmental agency or a nonprofit 11 community organization and operated primarily by and for residents of the 12 local rural community. A community center authorized under this paragraph 13 may provide services to veterans, including but not limited to emergency and 14 transitional shelter, preparation and service of meals, vocational and educa- 15 tional counseling and referral to local, state or federal agencies providing 16 medical, mental health, disability income replacement and substance abuse 17 services, only in a facility that is in existence on January 1, 2006. The ser- fs vices may not include direct delivery of medical, mental health, disability 19 income replacement or substance abuse services. 20 (f) Golf courses on land: 21 (A) Determined not to be high-value farmland, as defined in ORS 195.300 22 (10); or 23 (B) Determined to be high-value farmland described in ORS 195.300 (10)(c) 24 if the land: 25 (i) Is not otherwise described in ORS 195.300 (10); 26 (ii) Is surrounded on all sides by an approved golf course; and 27 (iii) Is west of U.S. Highway 101. 28 (g) Commercial utility facilities for the purpose of generating power for 29 public use by sale. If the area zoned for exclusive farm use is high-value 30 farmland, a photovoltaic solar power generation facility may be established 31 as a commercial utility facility as provided in ORS 215.447. [22] 26 LC 79 1/3/18 1 (h) Personal-use airports for airplanes and helicopter pads, including as- 2 sociated hangar, maintenance and service facilities. A personal-use airport, 3 as used in this section, means an airstrip restricted, except for aircraft 4 emergencies, to use by the owner, and, on an infrequent and occasional basis, 5 by invited guests, and by commercial aviation activities in connection with 6 agricultural operations. No aircraft may be based on a personal-use airport 7 other than those owned or controlled by the owner of the airstrip. Ex- 8 ceptions to the activities permitted under this definition may be granted 9 through waiver action by the Oregon Department of Aviation in specific in- 10 stances. A personal-use airport lawfully existing as of September 13, 1975, 11 shall continue to be permitted subject to any applicable rules of the Oregon 12 Department of Aviation. 13 (i) Home occupations as provided in ORS 215.448. 14 0) A facility for the primary processing of forest products, provided that 15 such facility is found to not seriously interfere with accepted farming prac- 16 tices and is compatible with farm uses described in ORS 215.203 (2). Such a 17 facility may be approved for a one-year period which is renewable. These 18 facilities are intended to be only portable or temporary in nature. The pri- 19 mary processing of a forest product, as used in this section, means the use 20 of a portable chipper or stud mill or other similar methods of initial treat- 21 ment of a forest product in order to enable its shipment to market. Forest 22 products, as used in this section, means timber grown upon a parcel of land 23 or contiguous land where the primary processing facility is located. 24 (k) A site for the disposal of solid waste approved by the governing body 25 of a city or county or both and for which a permit has been granted under 26 ORS 459.245 by the Department of Environmental Quality together with 27 equipment, facilities or buildings necessary for its operation. 28 (L) One manufactured dwelling or recreational vehicle, or the temporary 29 residential use of an existing building, in conjunction with an existing 3o dwelling as a temporary use for the term of a hardship suffered by the ex- 31 isting resident or a relative of the resident. Within three months of the end [23] 27 LC 79 1/3/18 1 of the hardship, the manufactured dwelling or recreational vehicle shall be 2 removed or demolished or, in the case of an existing building, the building 3 shall be removed, demolished or returned to an allowed nonresidential use. 4 The governing body or its designee shall provide for periodic review of the 5 hardship claimed under this paragraph. A temporary residence approved un- 6 der this paragraph is not eligible for replacement under subsection (1)(p) of 7 this section. 8 (m) Transmission towers over 200 feet in height. 9 (n)(A) Commercial dog boarding kennels; or 10 (B) Dog training classes or testing trials that cannot be established under 11 subsection (1)(x) of this section. 12 (o) Residential homes as defined in ORS 197.660, in existing dwellings. 13 (p) The propagation, cultivation, maintenance and harvesting of aquatic 14 species that are not under the jurisdiction of the State Fish and Wildlife 15 Commission or insect species. Insect species shall not include any species 16 under quarantine by the State Department of Agriculture or the United 17 States Department of Agriculture. The county shall provide notice of all 18 applications under this paragraph to the State Department of Agriculture. 19 Notice shall be provided in accordance with the county's land use regu- 20 lations but shall be mailed at least 20 calendar days prior to any adminis- 21 trative decision or initial public hearing on the application. 22 (q) Construction of additional passing and travel lanes requiring the ac- 23 quisition of right of way but not resulting in the creation of new land par- 24 cels. 25 (r) Reconstruction or modification of public roads and highways involving 26 the removal or displacement of buildings but not resulting in the creation 27 of new land parcels. 28 (s) Improvement of public road and highway related facilities, such as 29 maintenance yards, weigh stations and rest areas, where additional property 30 or right of way is required but not resulting in the creation of new land 31 parcels. [24] 28 LC 79 1/3/18 1 (t) A destination resort that is approved consistent with the requirements 2 of any statewide planning goal relating to the siting of a destination resort. 3 (u) Room and board arrangements for a maximum of five unrelated per- 4 sons in existing residences. 5 (v) Operations for the extraction and bottling of water. 6 (w) Expansion of existing county fairgrounds and activities directly re- 1 lating to county fairgrounds governed by county fair boards established 8 pursuant to ORS 565.210. 9 (x) A living history museum related to resource based activities owned 10 and operated by a governmental agency or a local historical society, together 11 with limited commercial activities and facilities that are directly related to 12 the use and enjoyment of the museum and located within authentic buildings 13 of the depicted historic period or the museum administration building, if 14 areas other than an exclusive farm use zone cannot accommodate the mu- 15 seum and related activities or if the museum administration buildings and 16 parking lot are located within one quarter mile of an urban growth bound- 17 ary. As used in this paragraph: 18 (A) "Living history museum" means a facility designed to depict and in- 19 terpret everyday life and culture of some specific historic period using au- to thentic buildings, tools, equipment and people to simulate past activities and 21 events; and 22 (B) "Local historical society" means the local historical society recog- 23 nized by the county governing body and organized under ORS chapter 65. 24 (y) An aerial fireworks display business that has been in continuous op- 25 eration at its current location within an exclusive farm use zone since De- 26 cember 31, 1986, and possesses a wholesaler's permit to sell or provide 27 fireworks. 28 (z) A landscape contracting business, as defined in ORS 671.520, or a 29 business providing landscape architecture services, as described in ORS 30 671.318, if the business is pursued in conjunction with the growing and 31 marketing of nursery stock on the land that constitutes farm use. [25] 29 LC 79 1/3/18 1 (aa) Public or private schools for kindergarten through grade 12, includ- 2 ing all buildings essential to the operation of a school, primarily for resi- 3 dents of the rural area in which the school is located. 4 (3) Roads, highways and other transportation facilities and improvements 5 not allowed under subsections (1) and (2) of this section may be established, 6 subject to the approval of the governing body or its designee, in areas zoned 7 for exclusive farm use subject to: 8 (a) Adoption of an exception to the goal related to agricultural lands and 9 to any other applicable goal with which the facility or improvement does not 10 comply; or 11 (b) ORS 215.296 for those uses identified by rule of the Land Conservation 12 and Development Commission as provided in section 3, chapter 529, Oregon 13 Laws 1993. 14 (4) The following agri-tourism and other commercial events or activities 15 that are related to and supportive of agriculture may be established in any 16 area zoned for exclusive farm use: 17 (a) A county may authorize a single agri-tourism or other commercial 18 event or activity on a tract in a calendar year by an authorization that is 19 personal to the applicant and is not transferred by, or transferable with, a 20 conveyance of the tract, if the agri-tourism or other commercial event or 21 activity meets any local standards that apply and: 22 (A) The agri-tourism or other commercial event or activity is incidental 23 and subordinate to existing farm use on the tract; 24 (B) The duration of the agri-tourism or other commercial event or activity 25 does not exceed 72 consecutive hours; 26 (C) The maximum attendance at the agri-tourism or other commercial 27 event or activity does not exceed 500 people; 28 (D) The maximum number of motor vehicles parked at the site of the 29 agri-tourism or other commercial event or activity does not exceed 250 ve- 30 hicles; 31 (E) The agri-tourism or other commercial event or activity complies with [26] 30 LC 79 1/3/18 1 ORS 215.296; 2 (F) The agri-tourism or other commercial event or activity occurs out- 3 doors, in temporary structures, or in existing permitted structures, subject 4 to health and fire and life safety requirements; and 5 (G) The agri-tourism or other commercial event or activity complies with 6 conditions established for: 7 (i) Planned hours of operation; s (ii) Access, egress and parking; 9 (iii) A traffic management plan that identifies the projected number of 10 vehicles and any anticipated use of public roads; and 11 (iv) Sanitation and solid waste. 12 (b) In the alternative to paragraphs (a) and (c) of this subsection, a 13 county may authorize, through an expedited, single-event license, a single 14 agri-tourism or other commercial event or activity on a tract in a calendar 15 year by an expedited, single-event license that is personal to the applicant 16 and is not transferred by, or transferable with, a conveyance of the tract. A 17 decision concerning an expedited, single-event license is not a land use de- 18 cision, as defined in ORS 197.015. To approve an expedited, single-event li- 19 cense, the governing body of a county or its designee must determine that 20 the proposed agri-tourism or other commercial event or activity meets any 21 local standards that apply, and the agri-tourism or other commercial event 22 or activity: 23 (A) Must be incidental and subordinate to existing farm use on the tract; 24 (B) May not begin before 6 a.m. or end after 10 p.m.; 25 (C) May not involve more than 100 attendees or 50 vehicles; 26 (D) May not include the artificial amplification of music or voices before 27 8 a.m. or after 8 p.m.; 28 (E) May not require or involve the construction or use of a new perma- 29 nent structure in connection with the agri-tourism or other commercial event 30 or activity; 31 (F) Must be located on a tract of at least 10 acres unless the owners or [27] 31 LC 79 1/3/18 1 residents of adjoining properties consent, in writing, to the location; and 2 (G) Must comply with applicable health and fire and life safety require- 3 ments. 4 (c) In the alternative to paragraphs (a) and (b) of this subsection, a 5 county may authorize up to six agri-tourism or other commercial events or 6 activities on a tract in a calendar year by a limited use permit that is per- 7 sonal to the applicant and is not transferred by, or transferable with, a 8 conveyance of the tract. The agri-tourism or other commercial events or 9 activities must meet any local standards that apply, and the agri-tourism or 10 other commercial events or activities: 11 (A) Must be incidental and subordinate to existing farm use on the tract; 12 (B) May not, individually, exceed a duration of 72 consecutive hours; 13 (C) May not require that a new permanent structure be built, used or 14 occupied in connection with the agri-tourism or other commercial events or 15 activities; 16 (D) Must comply with ORS 215.296; 17 (E) May not, in combination with other agri-tourism or other commercial 18 events or activities authorized in the area, materially alter the stability of 19 the land use pattern in the area; and 20 (F) Must comply with conditions established for: 21 (i) The types of agri-tourism or other commercial events or activities that 22 are authorized during each calendar year, including the number and duration 23 of the agri-tourism or other commercial events and activities, the anticipated 24 daily attendance and the hours of operation; 25 (ii) The location of existing structures and the location of proposed tem- 26 porary structures to be used in connection with the agri-tourism or other 27 commercial events or activities; 28 (iii) The location of access and egress and parking facilities to be used 29 in connection with the agri-tourism or other commercial events or activities; 30 (iv) Traffic management, including the projected number of vehicles and 31 any anticipated use of public roads; and [28] 32 LC 79 1/3/18 1 (v) Sanitation and solid waste. 2 (d) In addition to paragraphs (a) to (c) of this subsection, a county may 3 authorize agri-tourism or other commercial events or activities that occur 4 more frequently or for a longer period or that do not otherwise comply with 5 paragraphs (a) to (c) of this subsection if the agri-tourism or other commer- 6 cial events or activities comply with any local standards that apply and the 7 agri-tourism or other commercial events or activities: s (A) Are incidental and subordinate to existing commercial farm use of the 9 tract and are necessary to support the commercial farm uses or the com- 10 mercial agricultural enterprises in the area; 11 (B) Comply with the requirements of paragraph (c)(C), (D), (E) and (F) 12 of this subsection; 13 (C) Occur on a lot or parcel that complies with the acknowledged mini- 14 mum lot or parcel size; and 15 (D) Do not exceed 18 events or activities in a calendar year. 16 (5) A holder of a permit authorized by a county under subsection (4)(d) 17 of this section must request review of the permit at four-year intervals. Upon 18 receipt of a request for review, the county shall: 19 (a) Provide public notice and an opportunity for public comment as part 20 of the review process; and 21 (b) Limit its review to events and activities authorized by the permit, 22 conformance with conditions of approval required by the permit and the 23 standards established by subsection (4)(d) of this section. 24 (6) For the purposes of subsection (4) of this section: 25 (a) A county may authorize the use of temporary structures established 26 in connection with the agri-tourism or other commercial events or activities 27 authorized under-subsection (_4) of this section. However, the temporary 28 structures must be removed at the end of the agri-tourism or other event or 29 activity. The county may not approve an alteration to the land in connection 30 with an agri-tourism or other commercial event or activity authorized under 31 subsection (4) of this section, including, but not limited to, grading, filling [291 33 LC 79 1/3/18 1 or paving. 2 (b) The county may issue the limited use permits authorized by subsection 3 (4)(c) of this section for two calendar years. When considering an application 4 for renewal, the county shall ensure compliance with the provisions of sub- s section (4)(c) of this section, any local standards that apply and conditions 6 that apply to the permit or to the agri-tourism or other commercial events 7 or activities authorized by the permit. 8 (c) The authorizations provided by subsection (4) of this section are in 9 addition to other authorizations that may be provided by law, except that 10 "outdoor mass gathering" and "other gathering," as those terms are used in 11 ORS 197.015 (10)(d), do not include agri-tourism or other commercial events 12 and activities. 13 SECTION 5. Section 2 of this 2018 Act is repealed on June 30, 2028. 14 [30] 34 AURORA AIRPORT IMPROVEMENT ASSOCIATION Aurora Airport Fact Sheet Aurora State Airport was constructed in 1943 by the state highway department. It is aging and needs a 1000 ft runway extension to the south to meet the demands of today's avionics. Background: • The 1976 Aurora Airport Master Plan calls for a 6,000 ft runway. • Current runway length is 5,004 ft. • The Master Plan called for an additional 1,000 ft to be added to the north, but in the last 2013 Master Plan update, at the request of Charbonneau and surrounding neighbors, the decision was made to add the runway extension to the south to move any aircraft noise for Charbonneau & left turning traffic to the City of Aurora to the south. o Gulfstream Aircraft did an extensive noise study for the Scottsdale, Arizona Airport and it clearly showed that the new larger corporate jets are much quieter than most of the piston type airplanes. • Runway lengthening to the south is largely within the boundary established in the 1976 Master Plan and largely within the acknowledged "Public" zone that applies to the airport. o This Master Plan and application of the "Public" zone was vetted in a public process, is acknowledged by LCDC and is included as a part of Marion County's Transportation System Plan. o All of the proposed improvements to the airport have been extensively reviewed in the public process.The last Master Plan update involved representatives from all of the surrounding cities and counties and went on for over 3 years. o No purpose is served by another lengthy, expensive public process simply to largely affirm these decisions. Significance of airport: • Aurora is the largest of the state-owned airports in terms of based aircraft(approximately 475 aircraft). • Aurora is the one of the top five busiest airports in Oregon and one of only 84 general aviation airports in the nation identified by the FAA as nationally significant. • The state and federal government have invested heavily in Aurora —including a state of the art tower manned by FAA Air Traffic Controllers 7 days a week, from 7am to 7pm. Economic Impact of Aurora: • In 2015, Aurora facilitated 94,935 aircraft operations bringing in hundreds of thousands of aviation visitors, including companies interested in Oregon.These numbers are growing. • Aurora airport's economic impact was over$500 million dollars in 2013, not including tax revenue generated from property or income tax (2014 Oregon Aviation Plan Economic Impact study). • Aurora private property owners pay$780,000+/-to local taxing districts for land and buildings (taxing districts include Aurora Fire District, North Marion High School and Marion County). For more information, contact: JL Wilson or Justen Rainey, Public Affairs Counsel: 503-363-7084 35 AURORA AIRPORT IMPROVEMENT ASSOCIATION • Aurora attracts corporate headquarters and larger companies to the region, providing family wage jobs. • Aurora is a driver for companies to choose our region. Officers and employees being able to efficiently fly in and out is crucial. • Having a nearby towered airport for corporate flights gives the region a huge advantage when competing with other regions which have not invested in a regional airport. Jobs: • Aurora directly employs 1,200 people. • Aurora directly supports an additional 274 jobs off the airport property. • Accordingly, 1,500 jobs depend upon the success of the Aurora airport. Employers include: o Two of the largest heavy-lift helicopter companies in the world -Columbia & HTS. o Vans Aircraft-the biggest aircraft kit-plan manufacturer in the world. o Pacific Coast Avionics -one of the biggest avionics dealers in the country. o Two flight Schools -Aurora Flight Training and Willamette Aviation, a National FBO. o Lynx FBO. o Life Flight Network air ambulance. o Major employers use Aurora to fly employees in and out of Metro region. Funding: • Airport improvement money(for runway extension and other projects) comes from the FAA and state aviation fuel taxes, not out of the state General Fund. • The FAA grants funding to projects which have cleared statutory and regulatory hurdles. Aurora will not be in the queue for federal funding of the runway extension until this land use question is resolved. Limitations of current runway: • Aurora's runway is significantly undersized: 30 airports in the State of Oregon have longer runways than the Aurora Airport, which is the state's largest and 3rd busiest. • The 6,000' runway length is a critical safety factor for all aircraft landing in extreme weather conditions, and is also necessary for many corporate aircraft for required takeoff performance criteria. • Current runway length results in at least 500 'constrained operations' annually—which means jets cannot take off or land with full fuel or full passenger loads. • Many major employers' insurance policies require a longer runway length. A longer runway means safer operations for all pilots, customers and communities around the airport. For more information, contact:JL Wilson or Justen Rainey, Public Affairs Counsel: 503-363-7084 36 Myth Busting Concerning the Extension of the Aurora Airport Runway 1000' ft to the South 1. Myth: the proposed legislation circumvents the public process. Truth: Wrong. The runway extension was approved following years of public processes, including public hearings and meetings. The State of Oregon listened to all sides in a multi-year process and approved the runway extension and other elements in the 2012 Aurora Airport Master Plan,which was later also approved by the FAA. Marion County has accepted this master plan,no one appealed it and it is final. A 1000 ft. runway extension is also contemplated in the 1976 Aurora Airport Master Plan, which remains a part of the Marion County Comp Plan. The legislative proposal merely enables the vast public process that approved the runway extension to have meaning, so that scarce public funds aren't spent on lawyers and consultants in endless spurious fights for yet another round of process, for the same approved runway. 2. Myth: The State Process to Approve the 2012 Aurora Airport Master Plan was "broken" Truth: Wrong. The public process adhered to by the State of Oregon to approve the 2012 Aurora Airport Master Plan was vast and thoughtful. The ODA formed a Public Advisory Committee composed of government officials, airport users and community members -the PAC met 6 times and heard input from the public at all 6 meetings. http://www.oregon.gov/aviation/docs/resources/Appendix—E— PAC_Meeting_Summaries.pdf The public processes included an interactive ODA website devoted to proving and obtaining information concerning the master planning process. ODA provided comments cards as one way for the public to comment. The public processes included many open houses, many public meetings and many public hearings. Airport opponents confuse these legitimate public processes, the outcome of which they disagree, with a"broken"process. A process can be completely legitimate and end up in a decision someone does not agree with. That does not make the process "broken." 3. Myth:Aurora Airport businesses use city water and sewer without paying for it Truth: Wrong. Aurora Airport has its own water district with adequate and safe water, monitored by the Oregon Health Department that supplies water to the airport and airport businesses. The airport uses no water from any city and has never asked to use city water or sewer. Aurora Airport businesses are on septic systems approved and monitored by DEQ. No Aurora Airport businesses uses any city sewer system. • Myth:Aurora Airport uses other airport's FAA entitlement funds Truth: Wrong. Aurora Airport uses no funds earmarked for any other airport. Airport improvements are pail for by taxes on .iret-aft lIrel whieli Aurora Airport businesses pay)or federal FAA dollars earmarked for airport improvements. 4. Myth: There has been no surface transportation impacts study Truth: Completely false. The ODA conducted traffic studies for the entirety of all elements over a 20 year plan horizon for the state approved 2012 Aurora Airport Master Plan including the runway extension to the south and concluded: Page 1 of 4 37 "After analysis,the Airport's impact to Boone Bridge equates to 1,800 AADT out of the 115,700 AADT as indicated by the ODOT. Even with growth projections, there would still be an insignificant impact from Airport-related activity." 1 t a al w,�a°egos �).y(;vi itiomi/2011% m0ALirora% 0mMm istet%201)la�ti"VoOi°"it al%020 �tma ,is ( r 5 Alternatives.pdf The 2012 Airport Master Plan analyzed traffic count information at 11 different gates,the data was analyzed -the 2012 Master Plan explains at Chapter 4-24: "The Annual Average Daily Traffic(AADT) and Peak Hour traffic numbers were then generated. AADT represents the total number of vehicles traveling in both directions in a 24- hour period. The findings of this sampling is shown in Table 4J, as well as Exhibits 413 and 4C." 5. Myth: Extending the Aurora Airport runway is harmful to existing ag operations in the area Truth: Wrong. The runway extension won't take ag land out of production. The ag land that ODA buys to support the extension will remain in ag use and will remain zoned EFU. The closure of Keil Rd may be an inconvenience to an ag operator because while he will continue to have access to all road systems, he will simply utilize an alternative access that ODA will construct. It is possible for any person in this state to have their access to a public road system changed and use instead a reasonable alternative access. Farmers, are like everyone else, and have now, and will always have in the future,reasonable access. 6. Myth: No municipal governance despite increasingly urban-level development Truth: Wrong. The Aurora Airport is in fact governed by Marion County, by the state ODA and by the federal FAA. All airport development has been approved by each of these three governmental authorities. Few industries are more heavily regulated by government actors than an airport. In fact,there are many airports that are not governed by cities in this state including one far larger than Aurora—the Eugene Airport which has passenger traffic by major airlines is not in a UGB or in a city. 7. Myth: Lack of coordination by Oregon Aviation Dept. with other cities and counties Truth: Completely false. The Oregon Department of Aviation coordinated the Aurora Airport Master Plan with Wilsonville, Clackamas County, the City of Canby, the City of Aurora and Marion County and others. Because Clackamas County and Wilsonville made clear they would not support the 2012 Master Plan, an IGA for growth management consistent with the approved Aurora Airpoit'Master Plan was entered into between the City of Aurora, Marion County and ODA. 8. Myth: Airport employers unfairly compete with industrial sites developed in municipalities Truth: This is a nonstarter. The Aurora Airport employers directly employ 1,200 people in good, family wage jobs. They pay $780,000 +/- in local property taxes each year. Taxes paid by Page 2 of 4 38 Aurora Airport businesses are nearly 1/3 of the Aurora Fire District's budget. Aurora Airport property owners pay building permit and SDC fees like anyone else. The airport supports the business aviation needs of important employers in the area and is touted by the City of Wilsonville on its website as an inducement to industries to site in Wilsonville asserting that the Aurora Airport together with other transportation options: "support faster, easier, more cost-effective transportation providing our executives and products with easy access to regional, national and global markets." (Emphasis added.) I tCl s /l sailsoliviIleecdev.com/I2� Aurora Airport employers do not have the benefit of property tax rebates and other tax incentive programs that some cities provide http://wilsonvilleecdev.com/137/Incentives and in this way it is in truth, airport employers who suffer any economic disadvantage, if one keeps score from not being in a city that offers economic inducements, not the converse. 9. Myth: The proposed legislation exempts the runway extension from environmental impact review. Truth: Totally false. FAA requires the runway extension to be reviewed under a NEPA EIS or EA. No state legislation can avoid that required level of NEPA review and the proposed legislation certainly does not purport to stop that NEPA EIS or EA from happening. 10. Myth: The legislative proposal is an usual and dangerous "supersiting"precedent Truth: False. The proposed legislation is not"supersiting"because super sited facilities don't have to nor do they go through years of public process before being approved, as the runway extension here has gone through. Further,there are many examples of important public infrastructure facilities that have been legislatively added to the list of permitted uses of EFU zoned land. These include rural fire stations and road modifications that don't add new travel lanes are permitted outright on EFU zoned land. The runway extension is no more than a modification to an existing road(runway/parallel taxiway)that does not add a travel lane. 11. Myth: The runway extension benefits only a few private parties and serves 21 jets. Truth: Totally false. According to the ODA, the Aurora Airport(in 2012) dollars) contributes $72,268,000 in annual wages on airport and another $5,476,000 in wages off airport; and directly contributes $282,537,000 in local business sales. In 2015, the Aurora Airport facilitated 94,935 aircraft operations, many of which were jets. The Aurora Airport provides a symbiotic relationship to train area youth in good jobs. Life Flight,based at Aurora Airport, saves lives. 12. Ryth. Jets don°t-need to.11y-into ?Iuora, the�y canjust,lly into S'alent Truth: False. The jets that fly in and out of Aurora serve business and lifesaving needs in and around the Aurora Airport. No one in their right mind has a business meeting in Wilsonville, would prefers to fly into Salem, get a car or hire a driver and then drive one hour to the Wilsonville meeting and then drive one hour back to Salem. If that were the reality, it is unlikely that industry that relies on air transport would chose to locate in Wilsonville and environs. As Wilsonville boasts on its website the Aurora Airport is a part of the city's economic development Page 3 of 4 39 inducements to business. The opponents' myth is 110% contrary to Wilsonville's claim that Aurora is a part of a strategy to: "support faster, easier,more cost-effective transportation providing our executives and products with easy access to regional, national and global markets." (Emphasis added.) Page 4 of 4 40 COUNCIL MEETING MINUTES JANUARY 22, 2018 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 22, 2018 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 Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Police Chief Ferraris, Public Works Director Liljequist, Economic Development Director Johnk, Lieutenant Millican, Deputy Police Chief Pilcher, Assistant City Attorney Granum, Community Relations Manager Gutierrez-Gomez, City Recorder Pierson 0:00 APPOINTMENTS: Transportation System Plan Citizen Advisory Committee Appointments and Presentation Community Development Director Kerr provided information on what the Transportation System Plan Citizen Advisory Committee will be working on. Mayor Figley asked the members of the Council if one of them would like to be appointed to the Transportation System Plan Citizen Advisory committee and Councilor Schaub volunteered. Lonergan/Ellsworth...accept the appointments of Mark Hester, Sheryl Southwell, Elias Villegas, John Zobrist, Kasi Pankey, Dawn Cole, Charlie Piper, and Councilor Sharon Schaub to the Transportation System Plan Citizen Advisory Committee. The motion passed unanimously. otos SWEARING-IN CEREMONY Deputy Chief Marty Pilcher was sworn in by Police Chief Ferraris. 0:12 COMMUNITY/GOVERNMENT ORGANIZATIONS Chad Freeman—SEDCOR Chad Freeman,President of SEDCOR,provided an overview of what they have seen in the last year and what they see going forward. He also provided a copy of SEDCOR's 2017 annual report and a copy of their Enterprise Magazine. Nick Harville, SEDCOR's Business Retention and Expansion Manager, provided information on the how the City's and SEDCOR's partnership works. He added that he also has been working with the school district on how to get students trained in the skills that businesses are looking for. Councilor Carney stated that he heard at a function last year that SEDCOR was involved in the location of the Amazon facility and asked what Mr. Freeman's role in this was. He stated that his role was to work with the developers on finding the sites that would work best for the facility and working closely with the City of Salem Page 1 - Council Meeting Minutes, January 22, 2018 41 COUNCIL MEETING MINUTES January 22, 2018 for the Mill Creek location and working with Woodburn staff on the property they had available. 0:25 PROCLAMATIONS/PRESENTATIONS Frank Sutter Day Proclamation: Mayor Figley read a proclamation declaring January 31, 2018 Frank Sutter Day. Woodburn Public Arts and Mural Program: Economic Development Director Johnk and Assistant City Attorney Granum provided a presentation on the proposed Public Arts and Mural Program. Councilor Lonergan stated that the Mural Committee met with Economic Development Director Johnk to discuss these changes and the committee supports where this is going. Councilor Carney asked if the decision making authority would now be with the City Council and Assistant City Attorney Granum answered that it would separate authority by the art being proposed, the location of the art and the funding source. She added that art that would be placed on City property would come to the City Council for approval. Councilor Carney asked if the DARS Committee would be involved in decision making if urban development funds are used for the artwork. Economic Development Director Johnk answered that the DARS committee works with the building improvements grant and loan program, that's their role. However, she believes it makes sense to have a member of DARS on the art committee. Councilor Carney added that he believes the art committee should have an art skeptic appointed to it. Councilor Ellsworth states that she likes the idea of having levels of approval similar to the planning commission. Mayor Figley agreed with Councilor Ellsworth. Councilor Morris wants to be sure we are not subsidizing staff time for public art. Councilor Serratos stated that he would like to see a high school student on the committee. 1:07 CONSENT AGENDA A. Woodburn City Council minutes of January 8, 2018, B. Building Activity for December 2017, C. Crime Statistics through December 2017. Lonergan/Schaub... adopt the Consent Agenda. The motion passed unanimously. 1:08 COUNCIL BILL NO. 3055 — AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT INCLUDING, WITHOUT LIMITATION, GRANTING AN EXCLUSIVE SOLID WASTE FRANCHISE TO UNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, DBA REPUBLIC SERVICES OF MARION COUNTY — WOODBURN; ESTABLISHING SERVICE STANDARDS AND ESTABLISHING PUBLIC RESPONSIBILITY; REPEALING ORDINANCE 1641; PRESCRIBING PENALTIES; AND STATING AN EFFECTIVE DATE Carney introduced Council Bill No. 3055. Councilor Lonergan recused himself from discussion or voting stating that he is employed by Republic Services. Recorder Pierson read the bill twice by title only since there were no objections from the Council. Assistant City Administrator Row provided a staff report. Councilor Carney noted that the exhibit with rates on it was not attached to the ordinance in the agenda packet and added that he would like to see that before voting. A copy of the exhibit was distributed to the Council. Therese McLain, Municipal Manager, Jason Jordan, General Manager, and Jay Lawson, Operations Manager of Republic Services,provided a presentation with information on the partnerships they have Page 2 - Council Meeting Minutes, January 22, 2018 42 COUNCIL MEETING MINUTES January 22, 2018 created within the City as well as information about the company as a whole. On roll call vote for final passage, the bill passed unanimously with Councilor Lonergan not voting. Mayor Figley declared Council Bill No. 3055 duly passed. 1:36 ASSIGNMENT OF STATUTORY DEVELOPMENT AGREEMENT — BOONES CROSSING DEVELOPMENT (SDA 2016-01) Morris/Schaub... Authorize the City Administrator to execute the Assignment Addendum for Phase 3 of the Boones Crossing Planned Unit Development by Premier Development, LLC (Assignor) to Stafford Homes & Land, LLC(Assignee) and the Assignment Addendum for Phase 3 of the Boones Crossing Planned Unit Development by Premier Development,LLC(Assignor)to Claud and Virginia Davis(Assignee). The motion passed unanimously. 1:37 FY 2018/19 FINANCIAL PLAN Lonergan/Ellsworth... Adopt the attached FY 2018-19 Financial Plan (Budget Policies & Fiscal Strategy and Five-Year Financial Forecast) via a motion. Councilor Morris noted that Code Enforcement is low on the list of importance and he believes that it should be higher on list. The motion passed unanimously. 1:38 CITY ADMINISTRATOR'S REPORT City Administrator Derickson reminded Council that there is an Executive Session tonight and added that there is a cake tonight to celebrate Frank's retirement. 1:39 MAYOR AND COUNCIL REPORTS Councilor Serratos reminded everyone to vote. Councilor Carney congratulated Deputy Chief Pilcher. Councilor Lonergan congratulated Deputy Chief Pilcher. Mayor Figley thanked the Kiwanis for the chili feed which benefited Love Inc. and the food bank. Councilor Ellsworth announced that Relay for Life is being planned. She also mentioned that it's not too early for students to look at OSAC for scholarships. Councilor Schaub congratulated Frank Sutter on his retirement and congratulated Deputy Chief Pilcher on his new position. Councilor Morris thanked staff and added that government seems to be most productive at the local government level. MAYOR FIGLEY CALLED FOR A 10 MINUTE RECESS EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2) (h) and ORS 192.660 (2) (f). Schaub/Lonergan... move into executive Page 3 - Council Meeting Minutes, January 22, 2018 43 COUNCIL MEETING MINUTES January 22, 2018 session. The motion passed unanimously. The Council adjourned to executive session at 8:56 p.m. and reconvened at 9:32 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:32 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Meeting Minutes, January 22, 2018 44 EXECUTIVE SESSION COUNCIL MEETING MINUTES JANUARY 22, 2018 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, JANUARY 22, 2018 CONVENED The Council met in executive session at 8:58 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 Serratos Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Assistant City Attorney Granum, City Recorder Pierson Others Present: None. The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 9:30 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, January 22, 2018 45 �'I'1 r I Iii♦ r} Y 9M& Its BU Pri,a�<;rrt rr rf aA'!R7 February 12, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Chris Kerr, Community Development Director SUBJECT: Telecommunications Franchise Agreement for Mobilitie, LLC RECOMMENDATION: Adopt Ordinance 2553 granting a telecommunications franchise to Mobilitie, LLC ("Mobilitie") and authorizing facilities within City rights-of-way. BACKGROUND: The City has an adopted Telecommunication Ordinance (2284) which details the placement, permitting, and compensation requirements for all telecommunication facilities located within the City. Mobilitie has applied for a City franchise under Ordinance 2284 to provide telecommunication service within the City. The franchise involves placing equipment in the City's public right-of-way for a minimum of a five-year term. The equipment is limited to an antennae on top of an existing PGE light pole with two small utility cabinets located on the ground. The specific location and description of the equipment is depicted in Attachment 1 . A separate franchise utility permit will be required from the City prior to any construction activity. DISCUSSION: According to their application, Mobilitie is providing a "hybrid transport network that provides high-speed, high-capacity bandwidth capable of facilitating portable devices and data-driven services." The equipment is used to enhance existing telecommunication services in the City. Mobilitie has provided the state-level authorization necessary from the Oregon Public Utility Commission and Staff believes the level of impact on the city's rights- of-way will be acceptable. The granting of this franchise agreement will be consistent with the requirements of Ordinance 2284. Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x- 46 Honorable Mayor and City Council February 12, 2018 Page 2 The proposed franchise agreement only authorizes facilities at the location proposed; any new facilities or modification to services would require an amendment to this franchise agreement and subsequent Council approval. FINANCIAL IMPACT: As outlined in Section 3 of the Ordinance, the franchise fee shall be seven percent (7%) of the gross revenues earned within the City limits with a minimum annual franchise fee of $1 ,000.00 for use of the City's right-of-way. Oregon Revised Statute Section 221 .515 allows for the privilege tax of seven percent (7%) of the gross revenues of telecommunications carriers operating within the City's streets, alleys, or highways. The proposed Mobilitie franchise is consistent with the statute's allowance as well as the percentage of revenue paid by incumbent providers. Attachments: 1 . Applicant's Site Plan with location and elevations 2. Applicant's franchise application (with January 18, 2018 addendum) 47 Attachment 1 r fa,,�-,g , BUILDING , . w Pf aa^+,My'1'w iu bY4� ry rxlF � x Ili ii I W I � rM REC D Im . YX -544 PARKING LOT • y. W °" " "t « b 1% " ( ) b PARKING LOT W W '� « w • w w a W w W r14F ,a ECONOMIC DEVELOPMENT w w I W W W y w W w W `� SERVICES DEPARTMENT a W W W � �//�t�� X71 i� III Y f�/ pw ,��w ..: ., W a W m, a W ;� M w .,: w W w. Ww an. '� �w v � ♦ „di (E) PALE ;/�I��jj�fl/ '�"' a��yy��T�*w'�•p 11 VN Wr ,4 W ♦ W W ♦ n, w j w W W li.'.li BIF'I %/�� /. ��j/// ;, I N'X'TMbiTI d. W �e w m w r W Fav w W� w !IN W i' .w v ✓ Z 4M V • �� ,ww,, ,< /� //////// ;r; �a"�" � ��Iwr y�,'� M w b w W � " W W w w • it w w W � W � ,,.,, r y y ku e • • W w w 1 2865 RED WLL AVENUE,STE 200 4bw' IG", a• w W r +-r }... t i, w,. $°W COSTA MESA,CA 82828 W b � i v R E FIRE - ) (E) 31 —0 LIGHT POLE (N) 270 f UNDERGROUND O %a, wa„ wt. C E N T S L I E FOR POWER SERVICE INSTALLED BY HYDRANT '" EQUIPMENT (N) CONTRACTOR (TO BE VERIFIED) (F) SIGN `^�� 4n�4a":,r � �.�L Ln"I`v PIR,y Xy u� w�I O MANHOLE � „Y � E � r x xr • 7. W LINE:«..O',F ROW°""1 pa b .. ;a«m „ �p �"^y•, " p',pP,,,,a. .., wW' b,,: i .'gym r !, PROJECT NO: TBD ,�+i " µ '4. m'y^. `,6 w *,p.• r, �,w y�w,� a „.. ma`%;o A �«''�„p, • `pr,� ,��"�” ,:..m.,yre10 �s ,, (E) SIGN DRAWN BY: YG Y' i. II ..,p.d f1I'• "W °"xryw "E� Y r '.a+ as II I ISI' 1 '", w, — � �m�"+wM °� ..... ,Yx ��'�,`„✓" V'�' �� , ,�� x �1 � CHECKED BY: TT d �sA d d_—d—_ d ,,,, �, k'M k4 8 41 9:�9M"�'7 ,I'CIUdI 3 [ d a e.. (E) CURB, ' w TYP ftAfAF IC FLOW (E) LIGIIT POLE (E) STORM ✓/�� DR —H .. ....-. ^w.. ' (E) GUTTER. ' (25 MPH) a AIN �( (E) SIDE p — STACY ALLISON WAY— — �� EXHIBIT PHOTO ° TrP � WALK � EDGE OF � ..�,....-.�.,�,,...,� B��w (TYP) PAVEMENT (TYP) d a Ty SII r r b SCALE:NOT TO SCALE IWO W Y TRAFFI''C F I a W (E) SIGN (25 MPH) L (E) PEDESTAL bT „ ^ �'b:e Sao { a b � ... ""rr's d,.,. a ��. 9',^e"f 'r,�. -(E) SIGN . OF ROW "r" "J I ,,'v,�k" w •` M.I' x w My( Ny $ ( LINN �� Y r p� (E) SIGN u, l ) „ � w r a u E r (E) LIGHT POI F (E) LIGHT O LIGHT PO( (E) LIGHT POLE LE "^a POLE � ' b '� a IT IS A, 1AMON Of THE LAW MY PE N. V" iq PARKING LOT (E) MANHOLE "" rv,,,,,,,,,,',i, nuceNsFyAREEsaoNALeNc�Rro9� E MANHOLE ✓;�"""' tjo ` UNLESENSEM'PROFESSIONAL EN UND INEEDIRECTION,TOALTE OF W w W \ E MANHOLE ALTER THIS DOCUMENT - I (E) UTILITY BOX 1 I ""^ .. SITE LOCATION W \\ " L E FIRE W W Ww1 tll";) LIGHT POLE µ (,4 I. I HYDRANT aN�d� NOT FOR 8a �LaI (E) LIGHT POL E �� k� >" " 8 I "aim�M �� ;�✓' V l a �s ��asz '* xM 4 b (E) TRANSFORMER /BUILDING " � q ,d � �)` ,� n,r, waw, (MOBILU'NE PROPOSED � l �P ��,� •� b�"� 4r°z� ,� I; CEJ MANHOLE 1 POWER P.O.C.) a4 v"a` Ya9v'✓, "'N aY t 9ORB000101-B I P090XS103 WOODBURN,OR 97071 u'�uu EXISTING 31'-0"STEEL POLE THIS SITE PLAN WAS GENERATED WITHOUT THE USE OFA FINAL POWER P.O.C. TO BE VERIFIED, sHEerrIrEE MOTE. FINAL POWER ROUTING TO BE VERIFIED. SURVEY. PROPERTY LINES, RIGHT-OF-WAYS, POWER do ,,, EXHIBIT PHOTO&SITE PLAN TELCO UTILITY POINT CONNECTIONS/ROUTES AND AERIAL SITE LOCATION EASEMENTS SHOWN ON THESE PLANS ARE ESTIMATED. ALL err rr ITEMS AND DIMENSIONS SHOULD BE VERIFIED IN THE ENLARGED SITE PLAN SHEET NUMBER SCALE: Z FIELD NOT TO SCALE _....ITIT. ... . . SCALE:1"-301-0" 0"=15'-0"ON 22"x34"SHEET) 3 SPA 48 Attachment 1 RECD Mm2 6 2017 `NO -VE�, 1111T t a OF (N) RADIO HEAD — t 34'-5" ,,. T OF E POLE = 31'-0" COSTA HILL AVENUE.61E 200 T/ OF (N) POLE = t 31�—D" ( ) SA,CA 92629 B/ OF (E) LUMINAIRE ARA4 CENTERLINE S011,.UT10PlS PROJECT NO: TBD u DRAWN BY: YO r CHECKED BY: Tr NOTES: 1. CAPACITY OF FOUNDATION TO SU SOR UPPORT EQUIP EQUIPMENT BE A upr�oN? B0%coNsiaucnoN VERIFIED BY OTHERS, 2. O'APAC17Y Of (N) OR (E) ANTENNA MOUNT(S) TO SUPPORT PROPOSED EQUIPMENT TO BE VERIFIED BY OTHERS. EC'TOR g � rni � rI rw rw w rww f I I N N e v la t IT IS A VIOLATION OF THE LAW FOR RSON, ANY PE UNLESS THEY ARE ACTING UNDER THE DWECTION OF d A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS DOCUMENT i r i ry N 'ROT FOR CONSTRUCTION f OF (N) METER PEDESTAL = ±2—3" FINISHED GRADE + 0'-0' F NISHED GRADE _ ± 0'-0' t wr LLL _ 90RB000101-13 I P090XS103 L L LLLL EXIw000suRN,OR 97071 LLL SSI L L L STING 31'-0"STEEL POLE LLL SHEET TITLE f LLL LLL POLE ELEVATIONS ELEVATIONS (E) POLE f w � M. � ...k ��°.,° (N) POLE ELEVATIONS SHEET NUMBER NEW SIDE VIEW 2 EV-1 SCALE:1�'-s. ,EXISTING SIDE VIEW, SCALE: 49 Attachment 1 REC9 2 6 2017 .. � pp[*1y^App pL�yypyd^µy}',�yyry pN1y�.wpwy,.,. �I illi. .S�NSN�lAF,S'111 µ1 0, x °uvilk✓ w ' Cy �'FI' � P'a llAt;➢Ir,„} Ndl'iGi; v� 7 ,=i"— r �e (N) —6q O „ 2968 RED HILL AVENUE,STE 200 T/ OF (E) POLE = t 31'--0' COSTA MESA,CA 92828 la CENTS R L11 NE S k7°uuRlNS d PROJECT NO: TBD ' www....... ,. -. I DRAWN BY: YO n � '...CHECKED BY: TT r r A 07017 "Va O TRU4"'Urk"d w ae i MTOR n 17 IS A VIOLA7M OF THE F'R UNLESS THEY ARE ACTING UNDER THN WR�”B 'NA OF.. A LICENSED PROFESSIONAL ENGINEER TO ALTER MIS DOCUMENT x , A 1 9 e KNOT FOR CONSTRUCTION V OF (N) METER PEDESTAL = f2'-3" _ FNISHED GRADE _ - 0'-0" FINISHFD GRADF = i 0 0" t a T Ji'- LLL i'- LL N .o ` .LLL L&� ' ;0;;;;;l -B/P090X8103 U.. WOODBURN,OR 87071 „LLL " LL ' LLL L �'" �� ,, EXISTING 31'-0"STEEL POLE .,LLL LLL LLL SHEET ' LLL,, TITLE LLL LLL POLE ELEVATIONS � I (E) POLE ELEVATIONS (N) POLE ELEVATIONS SHEETNUMSER SCALE:1••=s' EXISTING BACK VIEW NEW BACK„VIEW SCALE:11" Z"=B• EV —j -2 50 Attachment 2 Mobilitie, LLC 2955 Red Hill Avenue Costa Mesa, CA 92626 www,mobilitie.com January 18, 2018 McKenzie Granum, Esquire Assistant City Attorney City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 VIA EMAIL ONLY (McKenzie.Granum@ci.woodburn.or.us) Re: Mobilitie, LLC's franchise application addendum Dear McKenzie: Reference is made to Mobilitie, LLC's ("Mobilitie") franchise application initially submitted to the City of Woodburn, Oregon ("Woodburn"), in or about March, 2016 (the "Application"). Woodburn recently requested that Mobilitie re-examine the Application to ascertain the facts and statements contained within on account of the passage of time since the initial submittal. Accordingly, Mobilitie now updates and revises its Application as follows: Section 1: c) Colleen DeShazer Permitting Manager(locally-based contact for permitting matters/general questions) (503) 396-2551 (ICSil":Izg gt"wlgl�itimme.COIII Section 2: Mobilitie no longer proposes use of data transport installations. Instead, the proposed deployment will consist entirely of wireless small cell sites. These small cells are attached to infrastructure presently located within the right-of-way. Mobilitie's presently proposed site is to be an attachment to Portland General Electric Company light pole. Permitting Manager, Colleen DeShazer has had multiple conversations with Woodburn regarding the scope of Mobilitie's overall project. 51 Attachment 2 McKenzie Granum Assistant City Attorney City of Woodburn January 18, 2018 Section 3: a) At this time, Mobilitie proposes only one site within Woodburn. Mobilitie would be ready to begin construction as soon as the franchise is in hand and all necessary permits and approvals have been obtained. Construction itself is an approximately five-day process from start to finish. b) Since the initial Application, Mobilitie has secured a number of additional franchises within Oregon, including, Bend,Nyssa, Ontario, Central Point, Grants Pass, Vale, and Coos Bay. Mobilitie is also pursuing franchises and license agreements with many other Oregon cities, including Eugene, Portland, and Salem. Mobilitie has attachment agreements with many of the major Oregon utility providers, including Portland General Electric Company, CenturyLink, and Pacific Power. Mobilitie has significant on-air build-outs on Seattle, Los Angeles, and San Diego. Section 4. a) Mobilitie is in the process of obtaining a Woodburn Business License and will provide that business license at such time as it is available. b) The transfer of Mobilitie's Certificate of Authority referred to in the Application has been completed. Please see attached PDF, "Transfer of Certificate of Authority...". Please do not hesitate to contact the undersigned with any questions or comments. Sicere6 Ju Blackw ,, 1 greeinetits, Mobilitie 52 Attachment 2 Mobilitie,LLC 2955 Red Hill Avenue :iun q 60 Wv Costa Mesa,CA 92626 www.mobilitie.com 1. Complete Applicant information: A. Describe the type of ownership of the business. Include the name & business entity of applicant,to include any affiliated businesses, parent, or subsidiary organizations. Applicant is Mobilitie, LLC, a Registered Competitive Telecommunications Provider in the State of Oregon. Mobilitie is the parent company of subsidiaries Interstate Transport and Broadband and Oregon Fiber Network, Co. The project is proceeding under the name of parent company, Mobilitie. B. Mailing address, and contact information. Mobilitie, LLC 2955 Red Hill Avenue, Ste. 200 Costa Mesa, CA 92626 C. Name of authorized agent/officer/employee/contact person (include title) and phone number. Lizbeth Wincele Contract Specialist (contact for franchise/agreement related matters) 6571-281-3742 Steven Miller Permitting Manager(locally-based contact for permitting matters/general questions) 503-799-7551 D. Emergency contact information. Emergency Hotline: (877) 338-1287 53 Attachment 2 � Mobilitie, LLC 2955 Red Hill Avenue nwu�, w� uVfi r.v .uu Costa Mesa, CA 92626 www,mobilitie.com 2. Description of business purpose: Mobilitie is deploying a hybrid transport network that provides high-speed, high-capacity bandwidth capable of facilitating portable devices and data-driven services. This network combines fiber, repeaters, and microwave technologies to ensure that the network is cost- efficient, low-impact to communities, and can be effectively upgraded and augmented in the future. Mobilitie's hybrid transport network can support a variety of technologies and services that require connectivity to the internet, including,but not limited to, driverless and connected vehicles (commercial, personal and agricultural), remote weather stations, telephone related services, and mobile service providers. In addition, this transport network provides public safety enhancements for local governments in the form of greater connectivity and E911 readiness. As our society "unplugs" and moves towards wireless technology, the need for low-cost, high speed backhaul becomes imperative. Virtually any technology that requires connectivity to the internet can be serviced by Mobilitie's transport network. Any provider of services or technologies supported by the network can agree to use Mobilitie's network as a backhaul solution. 3. Scope of Facilities: a) Describe your proposed facilities in the City and your intended timelines for each phase of construction. Mobilitie's proposed sites include telecommunications equipment located on utility poles installed in the public rights-of-way. Please see enclosed drawings for further detail regarding proposed site locations and equipment. Mobilitie intends for construction to begin and finalize within the next 18 months. b) Describe your company's experience in constructing and maintaining facilities in the streets. List other franchises and/or names of other jurisdictions in which you have similar facilities in the streets. Mobilitie is the largest privately-held wireless infrastructure provider in the United States, with competitive local exchange carrier(CLEC) status in all 50 states. Mobilitie has extensive experience deploying networks technology across the United States. For instance, we launched a widespread fiber optic distributed antenna system (DAS) in New York City and Chicago. The project encompassed substantial areas of the cities, including historic and well protected areas. For example, in the revered Central Park, construction of the system presented particular challenges, but with extreme care in both design and construction, the project proved a success. That project added to the 2,000 sites already 54 Attachment 2 Mobilitie, LLC. 2955 Red N 1111 Avenue . I�'CeIohynIn,LIIhfirustuLAE Lure. Costa Mesa, Cad 92626 www.rnobili fie.c;orn deployed at the time. The same care and thought is being put into our deployment in the City of Woodburn. For this project, Mobilitie is currently seeking agreements with other municipalities across the State of Oregon. However, due to the early stage of the project, franchises with other municipalities are currently in process and no construction has yet occurred. 4. Documentation: a. A copy of your City of Woodburn Business License. Mobilitie will provide the City of Woodburn with all required permits and licenses. Mobilitie will supplement when said documentation is obtained. b. A copy of your Certificate of Authority from the Oregon Public Utilities Commission: if you have one, or need one. While Mobilitie was issued the attached Certificate of Authority, the instant project was initially introduced under subsidiary name, Oregon Fiber Network Co. As such, a new Certificate was issued to Oregon Fiber Network, Co. Since then, due to the company decision to proceed under the parent company name, Mobilitie recently applied to transfer its Certificate of Authority to parent company, Mobilitie. The application is currently pending before the Oregon Public Utilities Commission. c. Demonstration that the franchise meets all applicable provisions of the Woodburn Municipal Code. As a telecommunications public utility seeking to install facilities in the public rights-of-way, Mobilitie submits its instant Application for Franchise under the provisions of Woodburn Municipal Code. 5. Application & Review Filing Fee Deposit: $2,000.00 (adjustments may apply) Please note check no. 23711, in the amount of$2,000.00 and in full satisfaction of the application and filing fee amount, was delivered on June 24, 2016 via Federal Express#776462535479. 55 Er 4l M Q � a on SWbb Rd NC Harvard Or .a Lawson="_—" m Say'or Or � Evergreen Rd ` A, S Colombia Or r ' ZC gn AitunoD Clackamas Cit Fc .W" xn E Clef&arnam Cir Cdag6n Way 9anilleld Rd Randolph Rd' Princeton Rd p Quinn Rd 'f Sallal Rd n r,�p,ry •..,.,4,,. Thompson Rd' k 5 gj Umpqua Rdz 41 I ;,.; .,:r Way crcrx R r 0 to w ax�•�twar ,�*" 3;; n' ,�, rvm.4,r.r �e b r, CL ! .ArA nt vat e.r ,a•,� of 9~ � 4, �r".ti; �'i 0 r � 01 w .l t ok s .'rn a R nil LLI 'M1n fi? w i k,a K7 " 9 w 1 7 SIF " �OZr7 . v Q , DC7 lTi c. 56 COUNCIL BILL NO. 3056 ORDINANCE NO. 2553 AN ORDINANCE GRANTING A TELECOMMUNICATIONS FRANCHISE TO MOBILITIE, LLC, TO OCCUPY CERTAIN RIGHTS-OF-WAY WITHIN THE CITY OF WOODBURN, AND DECLARING AN EMERGENCY WHEREAS, the City regulates the placement of telecommunications facilities within the City rights-of-way pursuant to Ordinance 2284, which governs the construction and franchising of telecommunications utilities operating within the City and desiring to occupy City rights-of-way; and WHEREAS, the City received a request from Mobilitie, LLC, a Nevada limited liability company, to place telecommunications facilities in certain rights-of-way within the City in order to provide service within the City, which facility locations are shown on the attached Exhibit "A"; and WHEREAS, the City has reviewed the request and application filed by Mobilitie, LLC and finds that the company has the requisite authority to provide these services from the Oregon Public Utility Commission ("OPUC") and that the level of impact on the City's rights-of-way will be acceptable, and the City Council therefore desires to issue a franchise; NOW THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Franchise Grant. A. Subject to the terms and conditions contained herein, the City of Woodburn does hereby grant to Mobilitie, LLC, (hereinafter "Grantee") a telecommunications franchise to locate its facilities within the rights-of-way of the City, as shown on Exhibit "A" and described in Grantee's application for a franchise. B. Such grant is subject to all of the laws and ordinances of the City of Woodburn and to applicable state and federal law. Except as otherwise specifically provided by this Franchise Ordinance, all requirements and conditions of Ordinance 2284, the Telecommunications Franchise Ordinance, shall apply to Grantee. C. The scope of this grant allows the installation of facilities by Grantee in the City's rights-of-way as depicted in Exhibit "A." Such facilities shall be used by Grantee to provide telecommunications services consistent with the authority granted by the OPUC which includes the construction of a backhaul/transport network to which commercial mobile radio service carrier customers may seek to connect. In the event the location of Grantee's facilities or the nature of the services provided is proposed for modification, Grantee shall be required to obtain an additional or revised franchise from the City. Page 1 - Council Bill No. 3056 Ordinance No. 2553 57 Section 2. Construction Standards. A. The construction standards of the City of Woodburn, as well as any other applicable construction standards in existence at the time of this franchise grant or hereafter enacted, shall apply to all work performed by the Grantee in City rights-of- way. B. The Grantee's facilities shall not interfere in any way with any of the City's communications or other public and city-permitted facilities, including other franchised facilities, either as installed or during operation. The Grantee will compensate the provider of power directly for the cost of power consumed in support of Grantee's facilities, and shall hold the City completely harmless from any power cost. C. The Grantee shall locate below the surface of the ground all wiring and physical improvements within City rights-of-way, unless it is physically impossible to do so. Placement of any improvements above ground, or on poles shall only be with the prior review and approval of the City. D. Where permission is granted by the City to locate Grantee's facilities upon poles, Grantee shall independently obtain prior written approval from the owner and/or operator of the poles on which its facilities shall be placed. Upon request, Grantee shall provide copies of such written approvals for City review. E. Where permission is granted by the City to locate Grantee's facilities upon poles, Grantee shall undertake all wiring and physical improvements required by the owner of each pole to which its facilities are to be attached. In the case of City- owned poles or fixtures, such work shall be performed subject to the approval of the City Engineer or his designee. Section 3. Franchise Fee. Subject to any restrictions imposed by federal law, the franchise fee payable to the City shall be 7% (seven percent) of the Grantee's "Gross Revenues" earned within the corporate limits of the City ("Franchise Fee"). "Gross Revenues" means all revenues received by Grantee from the operation of the Grantee's facilities utilizing utility company poles in the rights-of-way, including, but not limited to all rents, payments, fees and other amounts actually collected from any third party and received by Grantee and allocable to the period within the term [or any renewal term] pursuant to any sublease, sublicense or other agreement for telecommunications services provided with respect to Grantee's facilities, but exclusive of: (1) any payments, reimbursements or pass-throughs from the third party to Grantee for utility charges, taxes and other pass-through expenses, or in connection with maintenance work performed or equipment installed by Grantee, (2) site acquisition, construction management or supervision fees related to the installation of Grantee's facilities, and (3) contributions of capital by any third party to reimburse Grantee in whole or in part for the installation of Grantee's facilities. Notwithstanding the type of telecommunications services Page 2- Council Bill No. 3056 Ordinance No. 2553 58 provided, the minimum annual Franchise Fee shall be $1,000 for the privilege of using the City's rights-of-way. Franchise Fees shall be payable quarterly, on or before April 30, July 31, October 31 and January 31, for the preceding calendar quarter. Payments made more than ten calendar days beyond the due date shall bear interest at the rate of 9% per annum. With each Franchise Fee payment, the Grantee shall furnish a sworn statement setting forth the amount and calculation of the payment. The statement shall detail the revenues received by the Grantee from its operations within the City, and shall specify the nature and amount of all exclusions and deductions from such revenues claimed by the Grantee in calculating the Franchise Fee. Section 4. Audit. The City shall have the right to annually audit the books and records of the Grantee to verify compliance with the terms and conditions of Section 3 of this franchise. At the City's request, the Grantee shall provide the City's agents access to the Grantee's books and records, as necessary, to conduct a thorough audit. Section 5. Term. The term of this franchise shall be five (5) years. This franchise shall be subject to three (3) automatic renewals of five (5) years each on the same terms and conditions unless notice is given by either party 30 days in advance of the expiration of the franchise of its intention to terminate or renegotiate the franchise. This franchise shall be effective upon the date of Grantee's written acceptance of this grant. Section 6. Indemnification. Grantee hereby agrees and covenants to indemnify, defend and hold the City, its officers, agents, and employees, harmless from any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorney fees or expenses, arising from any casualty or accident to person or property by reason of any construction, excavation, installation, operation, maintenance, repair, removal, or any other act done under this Agreement, by or for Grantee, its agents or employees, or by reason of any neglect or omission of Grantee to keep its facilities in a safe condition, but not if arising out of or by reason of any negligence or willful misconduct by the City, its officers, agents or employees. Section 7. Conflicting Provisions. To the extent that any of the terms or provisions of this Ordinance conflict with Ordinance No. 2284, the terms and provisions of this Ordinance shall govern. Section 8. Termination at Grantee's Request. Grantee may surrender permits at any time prior to the completion of the installation of its facilities and remove its facilities with or without cause upon 30 days' prior notice to the City. Section 9. Limitation of Liability. Neither party will be liable for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption, Page 3- Council Bill No. 3056 Ordinance No. 2553 59 loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the City or Grantee was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise Section 10. Assignment. This franchise may be assigned by Grantee without any approval or consent of the City to Grantee's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Grantee's assets in the market defined by the FCC in which the right-of-way is located by reason of a merger, acquisition or other business reorganization provided that such acquiring entity is bound by all of the terms and conditions of this Ordinance. As to other parties, this franchise may not be sold or assigned without the written consent of the City, which shall not be unreasonably withheld. Grantee shall provide the City's representative notice of any such merger, acquisition or other business reorganization with a principal, affiliate or subsidiary of Grantee within a reasonable period of time after the consummation thereof. No change of stock ownership, partnership interest or control of Grantee or transfer upon partnership or corporate dissolution of Grantee shall constitute an assignment hereunder. Section 11. Acceptance. The grant of franchise herein is conditioned upon Grantee's acceptance of all terms and conditions hereof in writing in a form acceptable to the City. Section 12. Emergency Clause. This ordinance being necessary for the public peace, health and safety, in that it is important that the Grantee is able to apply for a right-of-way permit and begin construction, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by Mayor. 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 Page 4- Council Bill No. 3056 Ordinance No. 2553 60 ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 5- Council Bill No. 3056 Ordinance No. 2553 61 Exhibit A ter �u ri � I�' I I�4�1111 null�II�S P I I Il„ I 1 Il �Il l l 1�ll I VVV � I V`I Wy�� gayy� N i y ,o Woodburn, OR 1 90RB000101-B P090XS103B 45.149001, -122.876582 Light Pole 38 IY«' This document is proprietary and confidential;In some cases,the potential sites shown on this map are Attachment(1 J pre-engineering locations that have not beenvetted fornetwork engineering,construction,and utility Small Cell, in1,�ILe, err" n1fP,ibtlu ilea resource access.Candidate location as of date created.Generated by: Chris White f 62 I MOBILITIE GIS January 24,2018 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,a�arrt rr rf aA'!87 February 12, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Solid Waste Franchise Ordinance RECOMMENDATION: Adopt the attached Ordinance amending Ordinance 2552, the Solid Waste Management Ordinance to correct typographical errors. BACKGROUND/ DISCUSSION: On January 22, 2018, the City Council adopted Ordinance 2252, which established solid waste management regulations and granted an exclusive franchise to United Disposal Service, Inc. dba Republic Services of Marion County. Following passage, it was determined that the Ordinance incorrectly referenced the number of the prior Solid Waste Franchise Ordinance that Ordinance 2252 was adopted to replace. The attached Ordinance corrects the typographical errors and includes an emergency clause, which allows it to take effect immediately upon approval by the City Council. Republic Services is aware of the typographical error and supports this correction. FINANCIAL IMPACT: N/A Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 63 COUNCIL BILL NO. 3057 ORDINANCE NO. 2554 AN ORDINANCE AMENDING ORDINANCE 2552, THE SOLID WASTE MANAGEMENT ORDINANCE, TO CORRECT TYPOGRAPHICAL ERRORS BEFORE THE EFFECTIVE DATE OF SAID ORDINANCE AND DECLARING AN EMERGENCY WHEREAS, after the completion of an extensive process, the City renewed its franchise with United Disposal Service, Inc. dba Republic Services of Marion County; and WHEREAS, the substantive provisions of the new franchise were adopted by Ordinance 2552 (the Franchise Ordinance) and are satisfactory to both the City and the franchisee; and WHEREAS, both the Franchise Ordinance and its caption contain typographical errors that were not noticed by either party; and WHEREAS, these typographical errors incorrectly reference the number of the prior ordinance that the Franchise Ordinance was adopted to replace; and WHEREAS, these typographical errors can be corrected immediately by this ordinance before the Franchise Ordinance becomes effective; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The caption of Ordinance 2552 is amended to read: AN ORDINANCE REGULATING SOLID WASTE MANAGEMENT INCLUDING, WITHOUT LIMITATION, GRANTING AN EXCLUSIVE SOLID WASTE FRANCHISE TO UNITED DISPOSAL SERVICE, INC., AN OREGON CORPORATION, dba REPUBLIC SERVICES OF MARION COUNTY - WOODBURN; ESTABLISHING SERVICE STANDARDS AND ESTABLISHING PUBLIC RESPONSIBILITY; PRESCRIBING PENALTIES; AND REPEALING ORDINANCE 2460. Section 2. Section 8.8 of Ordinance 2552 is amended to read: 8.8 Repeal; Effective Date. Ordinance 2460 (adopted and approved by the City on November 25, 2009) is repealed. Page 1 - COUNCIL BILL NO. 3057 ORDINANCE NO. 2554 64 This Ordinance is effective pursuant to the Woodburn Charter but shall be void unless Franchisee files with the City Recorder, within 30 days of its effective date, Franchisee's unconditional written acceptance of the terms, conditions, and obligations to be complied with or performed by it under this Ordinance. Section 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, because it is necessary to amend Ordinance 2552 to correct the typographical errors before Ordinance 2552 takes effect, 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 Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 3057 ORDINANCE NO. 2554 65 Yrr 1/iW'w-r ('w// DB 11 ULkN .'49M& tem P a 1,d f;'! 7 February 12, 2018 TO: Honorable Mayor and City Council FROM: McKenzie Granum, Assistant City Attorney Jamie Johnk, Economic Development Director SUBJECT: Draft Amendment to the Public Arts and Mural Ordinance No. 2491 RECOMMENDATION: Review and provide feedback to the Proposed Amendments to the Public Arts and Mural Ordinance No. 2491 . BACKGROUND: At the January 22, 2018 City Council meeting staff presented an outline of proposed amendments to Ordinance No. 2491 establishing the Woodburn Public Mural Program and incorporating Public Arts into the Ordinance. After receiving feedback from the City Council, staff was directed to prepare a draft of the amended ordinance and bring back to the Council for review and discussion. DISCUSSION: Based on the feedback received at the January 22, 2018 City Council, staff has prepared a Draft Amendment to the Public Arts and Mural Ordinance No. 2491 . Highlights of the amendments include: • Program Oversight: o The City's Economic Development Department will provide program oversight. • Section 1. Definitions o Sections A through C has been added. • Section 3. Composition of Woodburn Public Arts and Mural Committee o Increase Committee participation from five members to seven to nine members and shall include: ■ Two City Council/Urban Renewal Agency members ■ Two representative members from the local arts community ■ One member from the City Planning Commission ■ Additional members may include representatives from the Woodburn Area Chamber of Commerce, Woodburn Downtown Association, Downtown Advisory Review Subcommittee (DABS), Woodburn Tourism Advisory Committee (TAC), a member of a local- area education institution (e.g. Woodburn School District), and at- Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x- 66 Honorable Mayor and City Council February 12, 2018 Page 2 large community member(s) who have experience, training or expertise in the visual arts, art history, art criticism, or art education. • Section 6. Functions and Duties of the Committee o Sections added regarding art placement and the development of a citywide Public Art Master Plan. • Section 7. Approval by Woodburn Public Arts and Mural Committee o Relocated this Ordinance section. • Section 8. Public Arts and Mural Selection Criteria: o Section 1 through 8 reformatted. o Section 9 regarding the maintenance of the public art or mural -was added. • Section 9. Public Arts and Mural Selection Process: o Sections A through C were added defining: ■ The acquisition and location of public art and murals. ■ The decision-making/selection process of the Committee. ■ Call-up review process by the City Council. • Section 10. Notice of Public Hearing o Relocated this Ordinance section. • Section 11. Public Hearing o Relocated this Ordinance section. • Section 12. Notice of Final Decision o Relocated this Ordinance section. • Section 13. Public Arts and Mural Application: o Added Section 2 - Legal instrument of conveyance o Added Section 3 - Funding sources • Section 14. Application Fee: o Reduce application fee to $100. • Section 18. Deaccession: o Sections A through to C were added. • Section 19. Judicial Review of Final Decisions o Section added. FINANCIAL IMPACT: The Urban Renewal Agency has allocated $100,000 of Urban Renewal funds to the program in the 2018-19 FY. 67 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION lip IID IIROS III:::::: ORDINANCE NO. 2491 AN ORDINANCE ESTABLISHING A PUBLIC ART III,,,,IIIIII,1„ MURAL PROGRAM; CREATING THE WOODBURN PUBLIC ART A IIIIIIIIII') MURAL COMMITTEE AND PROVIDING FOR A PROCESS FOR THE CITY'S CONSIDERATION OF PUBLIC MURALS [Whereas clauses.] THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section Definitions............For jr. ........ �..!j.rg o ee- c>f II M i s r rd fi n a n c e, ffi o f o� bwi rn rn e n rn Ileac c essi0rne ReNirnc uisV�irn Ifle Vc workof 1::::"ull:icy Art orwi11lid rawirn a giec,e 0f I Iull::)Nic, Art frown 111 ,, c-,—on frc:.�N, .. Flull:)Ni(,-, Arte AIIII forms g cKiirnall works of art accessiIbe to 1Ille guIb: is ..Nin.d..Z.g.1....... ..�..I�;:�..P.!.�c......._ Irri..I.pLo ees �. . a___ arn :: e eeriernc e free 0 c gar e, %rncIludirng n.� F airnllirnr s c>f all media, incwludirn 1 otl0rtalb: e and 2e� f±y f works, such as rrnuraNs c ull Pure wt lc.;�� may II:: e iL ffie round, Ibas reNief, hiah reRief, mobile, fourn11ain, kirnellic�, elecw ronic� and ollhers, in am rnalleriaN 0r cairrilN:i nafio n of imaierialls ................................................................................ ___� QjQ1he' r vi�Ljall imedia irnc�lluc�irnr�, [DU 11 moll Iliirriilled 1Io, �Drinlls, drawirnr�s stained c�llass, a�f11 —ra �„ , Mass worlks, irriosaic s, �V�o110 ra �V� , fi&irri, .II. . , f b(2.1/11„ xlliles, wood, irnellalls, bsllic�s or ollher irnallerialls or coirrill:inafiorn of rnriallerialls, or drafts or arfifac lls and Worlks of a wide rare e of irrnallerialls, disc iNirnes arid rrnedia wV'iic Ii are 0f spec ific� duralliorn, irnc�lludirn �erf0rirrnarnc e eyernl1 arnd ..................................................................................................................................................................................................... J"............................................................................................................................................................................................................... wV'iic Ii are d0currnernlled for �ull::�Nic ac c essill::�iNil1 after 11he Rife of 11he ..................................................................................................................................................................................... LL,ce has ended. t' 1=="all:: Nic MuraNe w0rlk 0f art, suc V as a r gin1ling,...... ..I.p Nied 110 arnd irrnade irnlle rail wilfti or a1111ac� ied 110 a wgN or II::�ui&dire surface 11V�a11 is yisill:: Ne 110 . ................................................................................................................................................................... ..r.n.d...... ..c.c. ".s..s!.I.b.f '......:11::n-o......:11::l. "....... a I)N i(, a nd 0 r )a It)N i d e rrn L N 0 e e s. . . .. G 68 WOODBURN ORDINANCES/COMPILATIONI q GOVERNMENT All INDADMINISTRATION . ....��'�• 4,.' .. . WP'��'�.:'V.......d:::�.R�'..� Yk'.�"'�..+"`�iirii� h�f i i u`^rea ..:Y'��r§"r�'%'h it c" `^v w�`�rr'�aa r'v ur�y,e'M,i w,'"V...:. .. r ��kid� .........a:..:�. ........ .. �.. k y a'll u ruc aV' rd rwu ver ' niill;;� k :I -II "a,��..y h. —��4-4 VV ff 'E R-, r r rh ........................................................................................................................................... u4G �-, u.i�� np,�,r.add-Ik::�-��-r-rn d"��-k':�" � r-ts - .�----�"�o..p.........'; gra •...I ee .. ..:I 4--)Ps-�--).r... d........ir Il:au d .. .. .... ... . II IIS e-� 1®Af r,rw r^I " ..r r�a w�w r x� rma w�w....... . Section 2. Creation of Woodburn L.��.! ..`�": ,iiiR�.l.s �I,l.!1........'..........................!L!!I'....: Committee. The fl Committee lh '"the „l°�u ° i°�m��°l ��,� °��°� Woodburn �wl..:.� �a�..: .I � ��i�.. �w�lry .... Committee") is hereby created by the Woodburn City Council and is delegated power and authority pursuant to this Ordinance. Section 3. Composition of Woodburn .III'' ° „..Ilii fm in Urts' ln�j.I�1.lll”�.................l�dl.11ll.11l"ll Committee. Committee shall consist of r Thmmberbappointed by the Mayor to a full or unexpired term, and confirmed by the City Council. Any vacancy in the Committee shall be filled by appointment by the Mayor with the consent of the City Council for the unexpired portion of the term. B. The Woodburn I`�� u ) cP.:l Ar..1.. (:jnd:... M uira; Committee shall consist of two .. � .... iCgl�itiny �� no members I. w w r w ..t ..".uiriTri.adcrnw �u ... i �,w�I �... frO)in th(:� Chari,1L) r r r r s )4�.., " .L� ,..�w i rn v�rrn v�ri��n �..�:�� i � ern o w o o.wrn_Advisor Reviewubcornrnifle MARS , 1he Woodll::)urrn I Zed is ) Kiri ri,r r Cor nnj lle rne r rrilber of a (local area educallionall insllillullion � ,g. Woodburn Schoop QiLricll an(:d c�i nc� ��e��..:�r....at-large ��.::��d��ri��r�wli n�i ��.member(l wV��o have g2q gLienc e, llrainin cexperfise in I1he visuau arts, art hisllary, art crillicisirri, or art educalliari. C. All members of the Committee shall be legal residents of the City of Woodburn, w�c21nliri a..n_44Oy.in:.4SK� J&..G41.SkJ(4 iP (4 WGC 4b�4R GI 444iq:S..µ Section 4. Terms of Office. A. The terms of office of each Committee member shall be three years, or until a successor is members appointed shall be staggered sso th t the term lof office of not more thaThe terms of ) f(Committee, )u members will expire in the same year. The terms of office shall expire at midnight on December3l . B. Members of the Committee shall receive no compensation for theirservices. 69 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION Section 5. Organization of the Committee. A. The Committee shall elect a Chair and a Vice Chair. B. The Economic r:Rd Development `.ervi,,,:.es, Director shall serve as Secretary to the Committee. The Secretary, supported by other city staff, shall provide notice of public meetings and public hearings, and keep minutes of all proceedings of the Committee in accordance with state law and city ordinances. C. :i4(.4r. '' wmembers of the Committee shall constitute aquorum. D. The regular meeting place of the Committee shall be at Woodburn City Hall. E. Meetings of the Committee shall be convened by the Chair of the Committee or by the Economic e4Development Director. Section 6. Functions and Duties of the Committee. The Woodburn 44bING Arls Mural Committee is delegated the authority pursuant to this Ordinance to select, acquire, receive, document and register I1r�I �IcP:� Ar. l f"u..l�:[ic� �wNir((;fls on behalf of the City of Woodburn. ..C.�:�.. ..........._�.�,c.��lrnrri.ill:::II:: ".. ............shall _also Il::�e res )o nsilble for cr q n c�I��I��c�rturnillies for IIhe 2 aceirnenll of arlr in r lblic; IC)(-,..aIIJor.ns by develor">ing rid rc uric llirnr a t ill wide I::::"uIbIic Art Masher Flan. CV ( c lrrilrr�ilV _sV�allll not e responsill::�Ne for and shaNII mall re ullalle llV�e �Naceirnernll car e or clfinitirrn ofuC::lic art orpulNic irrirarals. ............................. Z. Ap,tion'iirov i Ike oodlk u iirn Il lk llic Aiirts and u iirall Coit nirrifittee. leo a ersorn�cc> nrnernce creallion of or iris llallllallion of an I::::"uIbIic Art orI::::"uIbIic MuraN w 11 1 1ou11...........Urs1l............obiairnirng ar provall froirn the Woodburn ::::"uIbIic Arts and MuraN Cornrnillll„ee and gcreeirnc _to Ilicernse or dornalle 1Ihe art or irriurall 1Io 1IVie t' illy of .cl�cl�c Ibur n q rovi Jed in this Ordinance. f::"uIbIic Art or f::"uIbIic MuraNs 1Iriall are crea11ed or exisll wi1111o.. a � �rovall froirri 1IV�e Woodll::�urrn 1=="uII::�Nic Arts and MuraN ......................................................................................................................................................................................... c c c c c tirriirrulllleec r arc irn,..cc rniIlernll wIIV� IIV�e ,..cc rndillic r rnf arvall frirri IIV�e WdIl.. urrn 1=="uII::�Nic Arts arid Murall Qoirriirriillllee are moll considered 1"uII::�Nic Art or a 1"uII::�Nic MuraN .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... and are................1111erefore sulb°ecll Ilo 1IV')e re ullalliorns cornllained irn 111e. Woodlburrn . : .N.c�..I Irri.. . n.:::.... ...Ordinance.... .. .. . .. ......g.. n. ...... .::::.. ..r.....q.. .. Nicall::)Ne ordirnarnces. Section '78. IIItjullbllc Allr°ls mi°md tjiii°rSelection Criteria. The Wo odburn I)uL)Ic : oni Arls , rv( Cmmittee shall consider and apply the following selection criteria in selecting and acquiring .:::1.u..I�;:�..P.!.c�......A �.....q..lrn.�-�.......L:::1u..l�:�..9.!..��...._ ..u..rg11s: 1. Strength of artist's concept for, and originality of, proposed art or 70 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION rn u ra�. ...............................................L' .2. ................Demonstrated craftsmanship g.L�.d g2�r .!2.Eience of beartist. ...... . .............................................. ......................... .3..................Q e r...o o r.i..s 11 r a 11 e d 2.4, Whellher 11he artwork fac1lors in hislloricall......g.��g..gra D N c a a n d or u I u ra ................................................................................................................................................................................................................................................................................................................................. L ........ [.e........allures... o........f.. .1.1..1.e....... c.......o........E....r.....i.Mu..........n..........i......1..L- .5. ..................Mlle 11 e S e e c IIJ o r.i C o r.i sJ d e r a IIJ o r.i s g.......... ppropriateness of scale of the ouL)k qj or to the on which the proposed (�)r rnu!V will be @ ................Appropriateness of the scale of the oubHc (�)r to the surrounding neighborhood ; .c..........................Architectural, geographical, socio-cultural and/or historical relevance of the1ubHc Art or 1::::Iublic ML)ra�� to the site,., ...... .... d.............Whether the proposed public art or mural will be located on a single family dwelling, duplex, or multi-family dwelling; as used in this subsection, single family dwellings, duplexes, or multi-family dwellings does not include mixed-use buildings which contain a single family dwelling, duplex, or multi-family dwellings; e. WhellherTffie prop osed p�121ic qj (�)r will be located in a manner that isvisible to the ublic.-. 3.6.General support/advocacy for the ouL)k irvi )r from the gE�)22[fly owner/user, surrounding neighborhood, adjacent businesses, and arts community,,-. 4,7, Ability to complete the proposed ouLAC (';)r e-R�te�R*y 4w-e&rnc _4j-�-�LfGHrr�Py dWE.,114R-q 4,aR7--s4RG ,)-4,4f lex7 7 gid... .AI' „........... ..ISI- '4U ,.7 R4414- 7 .°........ W I i e 11 1 1 e r C.!.he proposed ouL)k (�)r will P'G4 contain electrical components, whi.c.h n all �,'-)e� a 12�� 22!��k)Hy �[S(:�(�J ir'l ............................................... ( (:wincIu..dirl..,g .... ............................................................ S# 4G44FG4 Gy �G4 9,S P94 Gf :,I�e E4� RCrGVH:'4e S#UG444 flashing or sequential lighting kc)#:- 10 71 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION any automated method that causes movement or Pry ' 44G odic changes in the appearance, 'krna..gL,,_or message of ........................................ the public (�)r mural e�- ........i-��jHcf- and 1......................................... 679,...[..[1 9 SjllDilill for mairillenance of lh ublic art or rnural, includina a. rly r.l.ary o. ....d willh lhe ............. ...... . ....... cul,-Ac art or mura . e q!J o in. 9..................1!u I!..!cA.Ir...!s aid M u ir-a 11 5 e 112 c t 1 o n o c e s s........... Arts and Murall Coirnirnillllee shall 1 have aullhorih/ Ilo ar rove lhe selecIlion and acaullsifion of [::lublic Art and [::lublic ......................................................................................................... ---------- Mura�ls lhall fa�I under one of lhe folHowin.g e ................................................................................................................................................................................................................................................................................................................................... .1.............g L)1-1 L,=s-.* ... -gii j �V,'-)H �,. e )�ac re 1 . Gill. Ac( uisiollion of a [lublic Mura� lo b .................... ............... 2gLtyjDroLDer y Ec.g.g.[.dess of fundiL I ...............................................................................--- uil s ism 0 n 2. Cilly ac( uisillion of ::::1ubAic Art 1c) Le laced on Cilly owned DroDe;�rty lhall ......................... y ........................ ........................................................................................................ ............................................... i s f u r.i d e d 11 1 1 r O..u.g.b g g.ift or donation. ......... ............................................................................................. .3.................C i 11 / acs u il s irll[i o n o fr il::::'u b,I i c Art 11 o Ib)e )��a n owr�ied o�i-llljrd ..part ....................... _p� ...... �C-H 's�Ud,;.g..0 Kg.ngyg] Ag.gn-. .Y......... B. Decision Maki shall ' j) dg j j C iearingon ................................................................................................................................................................... .. r . .[ ........................................................... _ ttig Mural. After tie concIusion of lhe oublic hearinn ..... Mural After —---------- lhe Coirnirnillllee shall deliberaie and make a finaN decision on lhe oroposall lbased ......................................................................................................................................................... ---- u[2an 11V'�e seNecllian criteria outline in Section 8°..............F ie firnall d e c i s i o r.i Ib. lhe Coirnirnillllee shall lbe in wrill1len forirn and shall conllain .................................................................................................................................................... ........................................... r ............................................................ I . .�2.jblic art or rmjra�� sellegfion criteria were r, lied Ila lhe ..... ........—---- jr �j c a 11 i o n. C C a 111�-Lj ) Review vvi e �ff i e��C-i i Q o u n c i L F o r aNII r Eg.jr g.�gjj.s lhall inc�ude lhe .......................................................................... . .............................. n i� ': i lon of-JILIPutAc ALtllhall isfUnded in whole ori eDart [ 11 ie (D . 2.!Ii S 11.............................. _ _ ---- I RenewaN ggn UJOon C-ill ...........................................................................6 _(--y. orj2) u blic Art or Public Mura�ls lhall are Billed nwn.d E, (--�HCouncH rrl I gyt L)y ma"oCrIly h ....................... j... .........y.g I e...........i rli IIJ a 11 e a r e yJ e..w o f I...............e Co�rn�rnillllee's finaN decision on lhe [::lublic Art ArDiolicallion. Fhe 1::::Irocedure for lhis ....................................................................................................................................................... 1 . A sujrn.�Ma. .................................... ......................................................... eorin partb lheCill s U r..�.b a r.i R e r.i..e w..a! .A.. icH as an i r.i f o r..iEr.i a IIJ o r.i i 11 e r..Li l.b.. all lhe Tme riollice of a Firm Deci 'ori is id ...........................................................................................................................................................................2.............................i...............XQY.................ed l y ...................... ..b... jljs Qrdinance�. 2. Review under 1lhis SecIlion shalI be inillialled Ibefore 1lhe ad'ourn�rnenll of .................................................................................................................................................................................................................................................................................................................................................................................................................................................................... lowii�� f Ho irgjhe lhe Hy CouncH lhefirsllreg!j�g[ Qill Councilmeelling. ....ol w I d crIl E, (. ................................................................... receives eJv e s ro IIJfJc a IIJo ri o f 11 1 1 e d e c i s i o ri .. . . .3...................LheCill Recorder wiH sell a heari , dallefar Ilhe (DII Councilreview. ........ ............................................... 72 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION review 4. [lie riollice 11 id decisiori CouncH review ................................................................................................................. .... . 9L...........................................................................................r �:j s I i a f g] ow r .................. ............................... . Eg.yi sJ o r.i s o f 11 iJ s 0 r.d i r.1 a r.1 c e b. ..1-ilrie corrirrC111110'e. Section 10. 114ofice of IPu t)lllc 11 learfli .....................................................................................................................................................................................................................................................................................q Y�..t ern 11�ie Co�rriirriillllee or Cill CouncH ............................................................................................................................................................................... .......................y ............................................................................ ..12!.l 9 or ::::1ubHc Mural), wrilHen nollice g.1 g heari.ng �hg.fl b.2 r ..�2..L.�Jshed once in a newsjr .g..2�� ............. cDr c u a IJo ri a..........r......i....d................s..........i....a e .......................................................................................................................................................................... Arlt or ::::1ubc .. . ' ' Mural) wiH 11an 1irtda Ibef ore ........................................................................... :hg. )f ..he hearing, an.................s..:..:. ...:.. '.... -12 h.9 i I _for hsL)ecljon all1he office of 1he ::::::conorr0c D.ev.eNor ......)irecllor. ......................................................::::::...................................................................................................................................... ............................................................. lr,,Ia o�na )�ro )os -Ar Section 11. Put)lllc 11 learill.n.g. nearin ri� o s a�� ff o r li::::'�ub�i c g �r Uic hearin, held on a Or .................................................................................................................................................................................................. ............... I r I o r u Ib. !J c...........M u r..a.i any irLllereslled .person sha l,)e afforde�d 11.2 ....... ..................... s.Jr .g.gh QL 12 jr .1:222.L�J� wrilHen evidence �o the Cornrnillllele or 0tv Coun.. i ............................................................................................................................................... Section 12. 114ofice of I'linall Decision. The Comrnillllee and 01-v CouncH shall .................................................................................................................................................................................................................................................................................................. 11 o 11V1e alig ad a _)ersons M j 19 1resernlled lesllirnon or sjub)rTNr111F111edd wrirlIFIlleri reevidence ..................................................................... �, qll�apu. clic, h e a iji�n Section 813. ��Itj0�ollc A�iIs mi'xJ Mur(IflI Armlication. An application for 44,E.;,, ................. g:�gDygyg[rg cit proposed [::lu:,)lig oi'..a u btic__Murfl to�ihe Q�Hwill be submitted on a form prepared by the Economic i t Development S&rviG&s Director. The application will include..-.. 1 . Genera)) inforr-riallion for lhe ...................................encs)) ..............jr .0 blic art or irriurall, such as, the location, materials, size/dimensions, written description of the ouLAc (�)r mural, and an explanation of how the gr�bl c (irj O)r mural meets the selection criteria specified in this Ordinance. A e a 'ins1rumerill of (,-,onveya rice, sell)lin forth an adeaualle ...........................L_q_-- d.2.�fri tion of 1he oll,'. eclls invoNved 'artisll, liflel, mediurn, dimensions, .. ......... d.g t.e., lhe_� reclsq condillion of Iransfer, and mairillenance iris 1ru c lions) .................... .3..................Des.c.rir lion of overall)) fundin"o sources conllrRDUHna, Ilo 1he conveyance ............................................... ................................................ g 11bg Ir �&i c a r t o r T.)u r..a........... lrn Gddi w here 1::::Iu lbic Art ora 1::::Iu bHc Mural) is r .[g.r Ilo Ibe insllalIed on 1hird ............................................................................................................................................................................................................................ ........................................ ........... . .......................................................................................................................................................................................... pg1ty _)ro_)erty an Easement Agreement shall be submitted that includes: a legal description of the property upon which the gr1�2jic (�)r will be a sketch of the ouL)Iic (�)r as it will be placed on the property, proof of ownership of the property (i.e. a copy of the deed), and proof of identity of the person who has the authority to sign the easement. Section IN 4. ��Itj0�ollc A�iIs mi,Rd Mt),ii"al ADDlication Fee. The application fee for I.................. a proposed ouL)�ic (�)r i i s i n i t i 'a I I y' set by the City Council at $599 1 0Q.. This 73 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION fee may be adjusted G-s-by the City Council as appropriate as part of the Master Fee Schedule............F I iJ s...........fee..........Er.i a QJ r e c 11 o r w I i e r..e a r.i 9.. o ��be a r Egygd �,Y ......................... ............ ................................ ............. .11 1 1 e C o r..Li r...r.iJ 11 11 e e............ Section 10 1"„"5". Easement & Automatic Renewal. The approval and acceptance of each guL)k (�)r u..[jgn_.jbjt��[jgLty_LDro De;�rty @ L___ shall be contingent upon the conveyance of (i I!:: easement to the City from the owner of the pg[jy upon which the public )iI will be located. The easement shall be for a period of seven years (Z),, and shall automatically renew and continue for successive seven year unless id ks by parI�y6ther ggEly air � 12�� i 1(��l I e S i I within thirty days after the expiration of any seven-year term. Section 11-16. Termination of Easement by e,J� ,,,,,,,,,,,Owner. The I..................I - 121111111111111.,�fly easement may be terminated by the Owner at any time with the City's written consent upon the B414 Rias ) rly Owner's showing of any of the following: (i) that the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (ii) that the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (iii) that the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the gu LAc irv1 O)r2]ur(��fl; or (iv) that circumstances have materially changed and the continued existence of the easement or maintenance of the guUIc gj (�)r riiuU,cfl substantially impedes the Owner's reasonable use and enjoyment of the property. The City shall not unreasonably withhold consent to termination upon the 17�44klg [�)rog2EIy Owner's satisfactory demonstration of any of the foregoing conditions of termination. Section 1-2] Z. Termination of Easement by City. The City may terminate the easement at any time at its sole discretion upon thirty-days written notice should the B44� 97E!2 � i Owner fail to substantially perform its obligations under N�,-., a Arls and Mur(fl Easement Agreement. Sectien 13. NoJ!Ge--Gf-)Uub4G4 4e-cmna; 4e,G��r,q IF)-rr 444� C . ...... oi,.r..o., -i.G R44PGR " bo.,44-14 -i�G �., h-e' GVG�44' 1-E? �G4RSPE.,434G-R G4:44��G�-,�)f4h-e� GG-F�41T-H P419�34r, Sec#G-n 14. Nb4ej-4-ecm . (,,GrrHR41:� 74 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION seec Po I... a IlCniumwmll IIrn�naium e rw II i r Ir i V II .... r^a w — c �. _ ,.,. .............m..:........-.............:..............:. W F C"d "' �.s.�.��C` � "t�..... �1 � ° .sYl""lt'�.a"1f'"".�_...,n"�..s �) .. . .� 44--) ......4..rnG..G�rn..: rn.....: rn. �..u.. .�n.. , I4- .. .. Po -n..... 'I lT.s`A�T'w,.s �e.............rl""'I .s .. ...p. ....— .......� .............. ....� .....�w7...... _9_E. ...... ...... ............t✓ .. w 34—.4)-')--." ct!oin. 1D. e a cc e sslioin. ................ .......................................... r]e r all......1.::.o.�..!..c... ° W ii Ilh irnll rnll cifIlhe� ,��c �it�c>u n of I::::laIblic� Art car I::::laIblic� ...urallI.s.....!.s......:II:.��..... ..c.��uir IIVi work for g �g rlrri_ r�g0 f�f��CA n, c irc,uirrisllarnc-,�� irrigy �risin wIi.Jc I1 1111 e Cill decides Ilo r loc aie or willhdreaw c� ti c of artwork from .�uIblic� i N , III Vic ullc II:: 11V� c Nic cif �� `if a nc Il Ilo remove or relocalle, a oiece of g_rjwgrlK......1r ..[i_o.r.....:1Io.......1I:.:1.. '......worlk.....:. .y:l..r.1g.....1Lgg0 irn Igcw _aro.r..... . .....Iegs11 Severn years. Fhe hilly reserves II„h.e rigbjI Ilg deac�c�_essio n works of I"ublicw Art where H dell rami n s H is in 1lh bes1l InIleresIls.....of lhe _Libllic and deaccession .�•:ovides a means of iirri Drovirn V� .y: r llll.... uc Nill cif 11V dilly", 1=="u afic orf c c ff cwfic rn, 11 1lV' e be inning of 1 )... .. prg!� V2 (:.H wiH make reasonable effort Ilo rnoi cern livirn arfisll whosework is Il ein considered for deaccession. B. .riferia for Deacwc ession. PuIblic� Art or a I::"uIblic� MuraN ima b considered for ................................................... ___ ........................................................................................................................................................ `.......................................................................................................................................................... .d.. '. .��..ces..sioIrn if one or more of the fc-�..U.N.owi..l�l... .....�..��r n.��..!..:::!..��.I q.�...... ..I��..��.N.y I.................C1ie....... LIbNic� art or ironUr .u.......1r�..r. '..�.��.I�j. �...... .......:11::li '. ..:II::.....:11o....._r�aI)Nic s a f Ily` 2° Fli c orndifiorn cars c urilly car lllle II:: Nice art car irnuraIl c a nrno II::� u�r�rnll c� ........................................................................................................___ ..................................................................................................................................................................................................................................................................................................... ............................................................................................ .. C.�:�. '......�..�.!..:II::�......ca n_noi rc� � rN c car fc�r irri�irnll�irn car �11c�r 11V� �rfwc�rlk .....................1ie.......Irk..u.1�::�.N..!..��...... .��.._or....lrrl...u... ..11......r. c uir xc iv irriairnll rnarnc� II::� yo nd whall was �;:�..u...c ... 11 c fc r Mo rn 11V� r Nic�c�ll o n was aI�Drov d 5° ..CV's . uIL: Jc� art car irriura� has serious faUllsirn deli rn c�rwc�rkirrlc�rn�V�i ................................................................................................................................................................................................................................................................................................................................................ ..................................................................................................................................... G, ..0Vi e . uIL: jc arf car irrlur..a is irn s u c i a d e 11 e r ora11ed s11a1C e 11 1111 r e soraIIJorn wound. r.�rc�v urnfc��ilC::�N � 75 WOODBURN ORDINANCE COMPILATION GOVERNMENT ANDADMINISTRATION 7. Fine site of 1Ihe or accessiUe to ........................................................................................................................................ 11Viull:: Nic e .° S u s 11 a.J r.i e d..........a r.i d...........civ e r..whe[rriing r 2�,-A(-, cert or=nur�al ..................................................... .............. .................... .1 1 a s lb e e r.i r e c eJ v e d.......... .9. ...................1::::::YJ d e r]c e is Ir !11.g !1 r ...... ...................... .......................... ..... I art or mura�� was ac.q e�d fl� ................................................................................................................................................................................... ...�Zi�r E, .o. r. I O.A wrilHen rec u s11 frorn 1line cartisll has Ibeen received to r irnov 11he r) Uic ...................................................................................................................... art or muralpIlL ffromdisp�a ......................................................................................................................................... .... .y C. 1::::Irocess for Deaccession. Fine Cornrnillllee shall hddl I a gubHc hear�ne-A to .................................................................................................................................................................................................................................................................................................................................................................................................... I — dellerenin e if one or more of 1line criteria for deaccession has been mell. Fine ................................................................................................................................................................................................................................................................................................................................................................................-------- Q o r...r.)Er.)J 11 11 ee reserves 1line oj��Ijon o�f [Mirng g gcernsulicarnll [o advise on whellher 11he ::::1ubHc Art or ::::1ubHc Murall imeells 1line deaession crilleria. Tjh� r�oe � reun=d ............................................................................................................................................................................................................................................................................................................................................................................................................... me llice reuirernerills for line deaccession heari , shall 11 follow ihe sarn g�� ........................................................................9..................................................................................................................................................................................................................................... ..............................................2 I decision L,,' y ;� j1he (--ornmillllee for deaccession of a Ir iece of ::::1ubHc Art or a Public Mural sha�I �be in wriHen form and ..................................................................................................... ............................ .................................................................................................................................................................................................—--------- .............................................................................................................. .s I i a c o r.i 11 a i n fi.nding.� �y.tjch include- ......... ........................................... ................................................. I......................A d e 11 gi]e d gf ttig FLbkc art or muraI, . . ......... .......................................... .2. ..................A o e s IJ r...r.)a I..e or gp ....... ............... ................................ _ _p [g.ised value of the art or ry')Ura�, if ................................................ _2_ir any, 3. JusllfficaHon for deacg_ession., acco.i...dj r ........................................................................................................ g !..g 1�)e crilleria sell gull ab ve .........................................................................................................................................................................2..................... 4. suage A sle;'�d mg ..................................� _' -,thod of deaccession_je._q. scalp 1lrcarns r, rIlurn, aucllj�on 5. Docurnentaflon of nofificallion to ihe orhoinall arfisll, if Ilivirni,g, car am, reNall ed L- rr .,Iia c rn r c ..... _D.d...... 6. X11ernallives to deaccession and costs of doin . so. ............................................................. e c t!o in. ............1 8.2-1 Judicial Review of I'linall Decisions. ine Ffinall decision of line .0 o r...r)Er.]J 11 11 e e or CHis moll a and use decision anUe d is reviewaexcIlusive ........................................... -Ouncil .....................................................................................................................................................................................................................................................................................................................................................................................................................................ly j2y �gill of�Rew�ie�w H�e�d in 11he Marlon Counh/ Circuill Court as orovided in ORS 76 BU February 12, 2018 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner Subject: Call-Up Briefing: Planning Commission Approval of a Consolidated Land Use Package of a Design Review and Phasing Plan Applications for Mt. Hood [Mini-Storage] Project Phase II at 1055 Mt. Hood Ave (DR 2017-08 & PP 2017-01) RECOMMENDATION: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section x.02.02,. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. BACKGROUND: The Planning Commission held a public hearing on January 25, 2018 and unanimously approved the consolidated application package (Type III) with the conditions recommended by staff. No parties testified in opposition to the proposal. The site is at the northeast corner of Mt. Hood Ave / Oregon Hwy 214 and the N. Front St overpass. An aerial view is below. The site is one lot of 4.02 acres zoned Light Industrial (IL). The site development is divided across Phases I & II, and the proposal is Phase II. Phase I consisted of most everything except the mini-storage buildings. The scope of work was such that it was a Type I Design Review, equivalent to a building permit review (1317-216). Phase II consists of the mini-storage Buildings 2-7 themselves, the drive aisles serving them, and related minor improvements. It also includes for the central area of the site screened by Buildings 2,4, 5, & 6 what the site plan illustrates as and the applicant indicates is likely to be a recreational vehicle (RV) outdoor storage area. As "Option B" that plan Sheet Al B also illustrates, the landowner might instead build two additional mini-storage buildings, Buildings 8 & 9. The Phasing Plan approves both the applicant's default proposal and Option B. Images follow on the next three pages. 77 FINANCIAL IMPACT: Staff anticipates no direct financial impact to the City by the decision. .�r � a 00/000111%lllllD11111111DI11III11111111 Aerial view Page 2 of 4 78 i QD 7 w k� U _ 4- �,� (D a (D, �tt s ALAN VICK a (°J hard(Un[ess Noted Otherwise) � �u w D t r r : a jy ' r r F w i z Ste Plan Site plan ----------------------------- South elevation of the only building abutting a street, Building 7 along Mt. Hood Ave Page 3 of 4 79 fF 6, r w d � J fl .�„ N. y d rr ^ � : i. VvFir— V J N ft w . M NNLVBIPo.�I1Wtp N tl,NpFY��f B'� •• Site plan Option B Page 4 of 4 80 BU February 12, 2018 To: Honorable Mayor and City Council through City Administrator From: Chris Kerr, Community Development Director Colin Cortes, AICP, CNU-A, Senior Planner Subject: Call-Up Briefing: Planning Commission Approval of a Consolidated Land Use Package of a Design Review, Exception to Street Right of Way and Improvement Requirements ("Street Exception"), and Variance Applications for Colonia Unidad at 1750 Park Ave (DR 2017-08, EXCP 2017- 02, & VAR 2017-13) RECOMMENDATION: Staff recommends no action and briefs the Council on this item pursuant to Woodburn Development Ordinance (WDO) Section x.02.02,. The Council may call up this item for review if desired and, by majority vote, initiate a review of this decision. BACKGROUND: The Planning Commission held a public hearing on January 25, 2018 and approved 4- 1 the consolidated application package (Type III) with the conditions recommended by staff. Two parties testified in opposition to the proposal. The site is at the northeast corner of Park and Alexandra Avenues. The site is one lot of 2.79 acres, zoned Medium Density Residential (RM), and presently developed with a vacant City operations / public works yard. Colonia Unidad - which translates well from Spanish as "a united people" - consists of 44 apartments across four three-story buildings, a single-story common building including the leasing office as well as a laundry room and an assembly room with kitchen, and both a central lawn and a plaza with benches, picnic tables, a playground, and raised garden beds. The unit mix is 4 one-bedroom, 24 two-bedroom, and 16 three-bedroom apartments. Related on-site improvements include a driveway from each street, 91 parking stalls, and stormwater swales. Images follow on the next three pages. 81 FINANCIAL IMPACT: Staff anticipates no direct financial impact to the City by the decision. l u Aerial view Page 2 of 4 82 eta /u r raA:12 1,01*": r. r. r !� WILDING.E dr�mi//oJ/�i � r r r eUILPiNG-n G4JMhY4 JBP ' ZA 9Hlp'GH'441N© suiLoiNc.a ,;i t///��y�i � ), �1�ir// / //iJ/�l�yp✓/% �'r 1'l r�/, , u � 1}�Y>'�y� .:jy�/� �" i CL J r S � Ai4 -�(6�PH?r, 4VILoiNc P / / / I J�r ///,/�,.�, BUILDIM-0 J/ /r� Rit3� ,,. ;. ��✓. / fi/i r :// / / �/ r r "r ol4 �l //s!� i ��` i i; /, �r ;�tk/'? r��n ,P?%a(( ar��,' �Si{fro,� �,(IFra ;�Ilr(l��dL!f��/��Y�(��W�dawr�ljrlJrl;�ii// �'Ukn,,iiy �r`i�J�!/4�'d',k'�','/ ��kY k✓�/p/r r ��f /�/ Y� r ALEXANDRA AVENUE o Conceptual site and landscape plan Page 3 of 4 83 D- (D-3) (D 4; GU RDRAK IIALIC,11111FTITE, nomspour, TYR TYR BUILDING D�1 0.)RROGt SV�2�........ 'Bu LWIN Q 0 TO.I mmmmmmLA J� VIII r B4L%R4D LEVEL3 IIUI�11114D )LIVEL2 ,PmNQQ-BEVEL i L PROPOSED LGCATROHi FOR:POT ENTKL MURAL AT BLJ11LON1 Q ID. BUI LDI NGS B&D - 'WEST ELEVATION SCALE 1W=V-a' Excerpt of corner Building D west elevation facing Park Ave (D-GI D-B.2 D-B.I (D Rq,9ET VINYL EXHUAST INTAKE ARCHIT MIETAL TYP. VENT CAP, VENT,TY P.. Co GUTTER Typ RO BUILD[ING D-T.Q.RIDGE NU�LRING D-T.G.ELAT E) -8 LIU I F ING D-LEVEL 3 .............. ... .......... yU1.L.DINJ D-LEVEL 1 BUILDINGS B&D - SOUTH ELEVATION �4 ............:........ ................................................................................................................................................... ............................. )SCALE 1/8"= V-0P Excerpt of corner Building D south elevation facing Alexandra Ave Page 4 of 4 84