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September 23, 2019 Agenda EIC SWENSON,MAYOR
CITY OF W OO D B U R N DEBBIE CABRAL SR COUNCILOR WARD 1
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
MARY BETH CORNWELL,COUNCILOR WARD V
SEPTEMBER 23, 2019- 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:
None.
A1212ointments:
None.
4. WOODBURN POLICE DEPARTMENT SWEARING-IN CEREMONY
5. 15 MINUTE BREAK
6. COMMUNITY/GOVERNMENT ORGANIZATIONS
None.
7. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
8. COMMUNICATIONS
None.
9. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda. Comment time will be
limited to 3 minutes.
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.**
September 23, 2019 Council Agenda Page i
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 September 9, 2019 1
Recommended Action: Approve the minutes.
B. Crime Statistics through August 2019 4
Recommended Action: Receive the report.
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 will be limited to
3 minutes.
A. Catholic Community Services Foundation's request to implement the 9
state law process for a property tax exemption for nonprofit
corporations providing low-income housing
Recommended Action: Consider the request of Catholic Community
Services Foundation (CCSF) for implementation of the state law
"Local Option" process, allowing eligible nonprofit housing
organizations to apply for a property tax exemption.
B. Council Bill No. 3108 - An Ordinance adopting an updated 62
Transportation System Plan and associated Woodburn
Comprehensive Plan text amendments (LA 2018-01)
Recommended Action: Adopt the updated Transportation System
Plan (TSP) and Associated Woodburn Comprehensive Plan text
amendments (LA 2018-01).
C. Council Bill No. 3109 - A Resolution authorizing application for- and 180
acceptance of a Department of Land Conservation and
Development Technical Assistance Grant;demonstrating support for
the grant project; and authorizing the City Administrator to sign and
execute all necessary documents to that effect.
Recommended Action: Adopt the Resolution authorizing staff to
apply for Technical Assistance Grant funding from DLCD for the OR
219 and Butteville Road Intersection Planning Project
September 23, 2019 Council Agenda Page ii
D. Option to Purchase Property at 970 Cascade Drive Funded Through 184
the Community Development Block Grant (CDBG) Program
Recommended Action: Approve the Option to Purchase Real
Property Agreement for 970 Cascade Drive and authorize the City
Administrator to exercise the Option in the event CDBG funding is
awarded.
E. Memorandum of Understanding (MOU) with Love INC for 199
Governance of the "Woodburn Family Resource Center" Funded
through the Community Development Block Grant(CDBG) Program
Recommended Action:Authorize the City Administration to sign the
MOU between the City and Love INC for the management of a
Woodburn Family Resource Center funded through the CDBG
program.
F. Intergovernmental Agreement with the City of Silverton for Building 216
Division services
Recommended Action: Make a motion to authorize the City
Administratorto sign a new Intergovernmental Agreement (IGA) with
the City of Silverton for building inspection and plan review services.
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.
None.
15. CITY ADMINISTRATOR'S REPORT
16. MAYOR AND COUNCIL REPORTS
17. EXECUTIVE SESSION
None.
18. ADJOURNMENT
COUNCIL GOALS 2019-2021
September 23, 2019 Council Agenda Page iii
Thematic Goals
1. Create an inclusive environment where residents participate and are engaged in the community(thatis vibrant,safe
and active).
2. Promote an environment that encourages sustainable economic health maximizing our geographic, workforce,
cultural and community assets.
Strategic Goals
3. Create an inclusive environment where Woodburn residents want to participate and are engaged in the community.
4. Develop innovative funding sources to help support the completion of capital improvement projects.
5. Grow and support strategic partnerships for economic health.
6. Explore the development of a non-profit consolidation facility.
7. Improve Communication and Coordination with School District on matters of mutual interest.
8. Completion of the First Street remodel.
9. Completion of Phase 1&2 of the Community Center Project including the formation of an ad hoc steering committee
to review and recommend design.
10. Creation of the Dick Jennings Community Leadership Academy.
11. Develop a strategy to limit PERS liability.
12. Establishment of a Woodburn 20 year community-visioning plan.
September 23, 2019 Council Agenda Page iv
COUNCIL MEETING MINUTES
SEPTEMBER 9, 2019
DATE COUNCIL CHAMBERS,CITY HALL,CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, SEPTEMBER 9, 2019
CONVENED The meeting convened at 7:01 p.m. with Mayor Swenson presiding.
ROLL CALL
Mayor Swenson Present
Councilor Carney Present
Councilor Cornwell Present
Councilor Schaub Absent
Councilor Morris Present
Councilor Ellsworth Present
Councilor Cabrales Present
Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Ferraris,
Economic Development Director Johnk, Project Management Director Liljequist, Operations
Director Stultz, Community Development Director Kerr, Human Resources Director Gregg,
Assistant City Attorney Granum, Communications Coordinator Moore,City Recorder Pierson
APPOINTMENTS
Community Center Citizens Advisory Committee
Carney/Ellsworth... appoint Brianna Spencer. The motion passed unanimously.
WOODBURN POLICE DEPARTMENT APPOINTMENT
Chief Ferraris introduced the City Council to Austin Solterbeck who was recently hired as the
Support Services Manager for the police department.
Mayor Swenson called for a 15-minute break.
PROCLAMATION
Mayor Swenson read a proclamation declaring September as National Preparedness Month.
BUSINESS FROM THE PUBLIC
Dagmar Kinne spoke to the City Council about her efforts cleaning up Woodburn Pond and
described the issues that she has seen there. She stated that she understands that this property
is outside of city limits but she would like to see some sort of collaboration between the
county, the city and the Fish and Wildlife Department.
CONSENT AGENDA
A. Woodburn City Council minutes of August 26, 2019,
B. Building Activity for August 2019.
Carney/Ellsworth... adopt the Consent Agenda. The motion passed unanimously.
Page 1 - Council Meeting Minutes, September 9, 2019
1
COUNCIL MEETING MINUTES
SEPTEMBER 9, 2019
PUBLIC HEARING
A Public Hearing to consider input on a legislative amendment on updated Transportation
System Plan ("TSP") and related text amendments to the Comprehensive Plan; LA 2018-04.
Mayor Swenson declared the hearing open at 7:35 p.m. for the purpose of hearing public input
on a legislative amendment on updated Transportation System Plan ("TSP") and related text
amendments to the Comprehensive Plan; LA 2018-04. Community Development Director
Kerr provided a staff report. Matt Hughart and Molly McCormick from Kittelson &
Associates provided information on the Transportation System Plan update. Mayor Swenson
asked if anyone from the public would like to speak on this subject.No members of the public
wished to speak in either support or opposition of the legislative amendment on updated
Transportation System Plan("TSP")and related text amendments to the Comprehensive Plan;
LA 2018-04. Mayor Swenson declared the hearing closed at 7:50 p.m. Carney/Ellsworth...
staff prepare an ordinance adopting the TSP and incorporating related text amendments into
the Comprehensive Plan.
COUNCIL BILL NO. 3106 - A RESOLUTION INITIATING LEGISLATIVE
AMENDMENTS TO THE WOODBURN DEVELOPMENT ORDINANCE
Community Development Director Kerr provided a staff report. Carney introduced Council
Bill No. 3106. City Recorder Pierson read the bill by title only since there were no objections
from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor
Swenson declared Council Bill No. 3106 duly passed.
COUNCIL BILL NO. 3107 - A RESOLUTION AUTHORIZING EXECUTION OF A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
WOODBURN AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642 FOR A CONTRACT
BEGINNING JULY 1, 2019 AND ENDING JUNE 30, 2022
Carney introduced Council Bill No. 3107. City Recorder Pierson read the bill by title only
since there were no objections from the Council. On roll call vote for final passage, the bill
passed unanimously. Mayor Swenson declared Council Bill No. 3107 duly passed.
WOODBURN-GERVAIS ENTERPRISE ZONE 5-YEAR TAX ABATEMENT
AGREEMENT WITH IVANOV INVESTMENT GROUP, LLC (I & E
CONSTRUCTION)
Economic Development Director Johnk provided a staff report. Carney/Ellsworth...
authorize an agreement with Ivanov Investment Group, LLC for property tax abatement for
Five (5) years under the Woodburn-Gervais Enterprise Zone. The motion passed
unanimously.
CITY ADMINISTRATOR'S REPORT
The City Administrator reported the following:
— Hispanic Heritage Month Celebration will be taking place Sunday, September 15
and provided a flyer for the event to the City Council.
— The Mayor's monitor has been moved to be lower and he wants to see if Councilors
Page 2 - Council Meeting Minutes, September 9, 2019
2
COUNCIL MEETING MINUTES
SEPTEMBER 9, 2019
prefer the lower screen. He stated that adding the ability to view the agenda and
packet on those screens is being considered as well.
— Greeters will be taking place at City Hall on Friday, September 13.
MAYOR AND COUNCIL REPORTS
Councilor Carney stated that he is excited to see that winter is coming.
Councilor Morris asked if the agenda could be tabbed so that there is a link that takes you
directly to a specific agenda item as well as making searchable. He added that the building
report needed to be rotated as it was hard to read.
Councilor Ellsworth stated that she enjoyed the last City Council Meeting.
Mayor Swenson stated that the City received a letter from the Mayor in El Paso, TX thanking
them for the City's support after the recent tragedy there. He added that he went on a hot air
balloon ride over Woodburn.
ADJOURNMENT
Morris/Ellsworth... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 9:18 p.m.
APPROVED
ERIC SWENSON, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 3 - Council Meeting Minutes, September 9, 2019
3
9/18/2019 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2019 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Total
AGGRAVATED ASSAULT 2 1 1 3 5 2 6 1 21
ANIMAL CRUELTY 0 0 0 1 0 0 2 2
ANIMAL ORDINANCES 6 1 4 0 3 2 2 0 18
ARSON 0 2 0 0 0 0 0 0 2
ASSAULT SIMPLE 10 9 1 9 10 11 9 14 73
ATTEMPTED MURDER 0 0 0 1 0 0 0 0 1
BURGLARY- BUSINESS 0 0 1 0 0 0 0 0 1
BURGLARY-OTHER STRUCTURE 0 0 0 0 1 0 1 0 2
BURGLARY- RESIDENCE 1 01 3 0 41 1 2 2 13
CHILD NEGLECT 0 0 0 0 0 1 0 0 1
CRIME DAMAGE-NO VANDALISM OR ARSON 2 1 1 4 1 0 2 5 16
CRIMINAL MISTREATMENT 0 0 0 0 0 0 1 0 1
CURFEW 1 0 0 1 0 1 6 0 9
CUSTODY- MENTAL 9 6 8 5 5 3 10 4 50
CUSTODY- PROTECITVE 0 0 0 2 0 0 0 0 2
DISORDERLY CONDUCT 3 10 3 5 14 13 12 11 71
DRIVING UNDER INFLUENCE 5 6 8 5 9 8 6 9 56
DRUG LAW VIOLATIONS 9 6 13 16 10 23 22 16 11
DWS/REVOKED-MISDEMEANOR 1 1 1 2 1 1 2 0 9
ELUDE 0 0 2 0 1 0 4 1 8
ESCAPE FROM YOUR CUSTODY 0 0 2 0 0 0 0 01 2
FAIL TO DISPLAY OPERATORS LICENSE 1 0 0 0 0 1 1 1
FORCIBLE RAPE 3 0 0 2 1 1 0 0 7
FORGERY/COUNTERFEITING 2 0 3 1 2 1 4 1 1
FRAUD - BY DECEPTION/FALSE PRETENSES 1 0 3 0 1 2 0 0 7
FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 0 0 1 0 0 2 0 0 3
FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 1 0 0 0 0 1
FRAUD -WIRE 0 0 0 1 0 0 0 0 1
FUGITIVE ARREST FOR ANOTHER AGENCY 45 26 37 37 38 36 51 39 309
FURNISHING 0 0 1 0 0 0 0 0 1
GARBAGE LITTERING 1 0 0 0 0 0 0 0 1
HIT AND RUN FELONY 0 0 1 0 1 0 0 1 3
HIT AND RUN-MISDEMEANOR 6 2 3 5 3 2 3 2 26
IDENTITY THEFT 2 0 1 0 2 2 1 1 9
INTIMIDATION /OTHER CRIMINAL THREAT 1 2 1 5 2 2 5 5 23
INVASION OF PERSONAL PRIVACY 0 0 0 0 0 1 0 0 1
KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 0 1 2
MINOR IN POSSESSION 0 0 5 1 2 0 1 1 10
MINOR ON PREMISES 0 0 0 0 0 1 0 0 1
MOTOR VEHICLE THEFT 1 1 0 0 2 4 4 1 13
OTHER 7 2 5 4 7 6 10 3 4
PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0 1 1
RECKLESS DRIVING 1 4 3 3 5 2 5 3 26
RECKLESSLY ENDANDERING 2 2 2 0 5 1 4 1 17
RESTRAINING ORDER VIOLATION 1 1 0 3 0 1 1 1 8
ROBBERY- BUSINESS 0 0 0 0 0 0 0 1 1
ROBBERY-CAR JACKING 0 0 0 0 0 1 0 1 2
ROBBERY-CONV.STORE 0 0 0 0 1 0 0 0 1
ROBBERY-OTHER 0 0 0 0 0 1 0 2 3
RUNAWAY 0 0 0 0 1 2 0 1
EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 1 0 1 0 0 0 0 1 3
EX CRIME -EXPOSER 1 0 1 0 0 0 0 0 2
EX CRIME -FORCIBLE SODOMY 2 0 0 01 01 1 01 01 3
EX CRIME -INCEST 2 0 0 01 01 0 01 0 2
Page 1 of 2
4
9/18/2019 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2019 Year to Date
an Feb Mar Apr May Jun Jul Aug Total
EX CRIME -MOLEST(PHYSICAL) 11 0 0 0 0 0 0 0 1
EX CRIME -NON-FORCE RAPE 0 0 1 0 0 1 1 0 3
EX CRIME -OTHER 1 0 0 0 0 1 0 0 2
EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 1 0 0 1 0 2 0 0
TALKER 0 1 1 0 2 0 0 0
TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 0 0 0 2 1 1
HEFT- BICYCLE 0 0 0 0 0 0 1 1 2
HEFT- BUILDING 1 0 0 1 0 1 1 0
HEFT- FROM MOTOR VEHICLE 4 1 3 0 0 0 1 2 11
HEFT-OTHER 5 1 0 2 1 7 1 2 19
HEFT- PURSE SNATCH 0 1 0 0 0 0 0 0 1
HEFT-SHOPLIFT 2 8 7 5 12 5 13 9 61
RAFFIC VIOLATIONS 10 11 8 7 8 4 17 8 73
RESPASS 18 3 9 6 7 6 12 10 71
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 1 1 2 0 0 0 0 2 6
VANDALISM 1 0 2 0 1 1 1 1 7
VEHICLE RECOVERD FOR OTHER AGENCY 1 0 5 1 1 1 0 2 11
EAPON -CARRY CONCEALED 1 1 1 1 0 2 0 0 6
WEAPON -EX FELON IN POSSESSION 1 0 1 1 0 1 0 0
EAPON -POSSESS ILLEGAL 01 21 1 4 3 41 31 1 18
WEAPON -SHOOTING IN PROHIBITED AREA 01 11 01 0 0 01 21 01 3
Jan Feb Mar Apr May Jun Jul Aug Total
2019 Total 178 115 157 146 172 174 231 172 1,34
2018 Total 187 111 138 136 147 101 162 155 1137
2017 Total 135 169 176 166 164 143 152 155 1260
Arrests/Year
1400
1200
1000
800
Q600
400
200
0 .M
2017 2018 2019
Year
Page 2 of 2
5
9/18/2019 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2019 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Aug Total
AGGRAVATED ASSAULT 3 4 2 4 5 4 6 3 31
ANIMAL CRUELTY 0 0 0 1 1 0 3 1 6
ANIMAL ORDINANCES 3 1 3 0 2 1 2 0 12
ARSON 1 2 0 0 0 0 0 1
ASSAULT SIMPLE 12 8 7 14 13 18 1 171 101
ATTEMPTED MURDER 0 0 0 1 0 0 0 1
BURGLARY- BUSINESS 2 1 1 0 3 2 2 11
BURGLARY-OTHER STRUCTURE 2 1 3 1 4 1 3 17
BURGLARY- RESIDENCE 8 2 5 6 14 7 5 5
CHILD NEGLECT 0 0 0 0 0 2 0 1 3
CRIME DAMAGE-NO VANDALISM OR ARSON 16 14 15 10 15 18 14 16 118
CRIMINAL MISTREATMENT 1 0 0 0 0 0 1 0 2
CURFEW 1 0 0 1 0 1 2 0
CUSTODY- MENTAL 10 6 9 5 5 3 10 4 52
CUSTODY- PROTECITVE 0 0 0 1 0 0 0 0 1
DISORDERLY CONDUCT 3 6 5 5 11 12 9 15 66
DRIVING UNDER INFLUENCE 5 7 8 5 9 8 6 9 57
DRUG LAW VIOLATIONS 9 7 15 9 11 14 22 12 99
DWS/REVOKED-MISDEMEANOR 1 1 1 2 1 0 2 0 8
ELUDE 1 1 1 2 1 0 3 1 10
ESCAPE FROM YOUR CUSTODY 0 0 2 0 0 0 0 0 2
EXPLOSIVES 1 0 0 0 0 0 0 0 1
FAIL TO DISPLAY OPERATORS LICENSE 1 0 0 0 0 1 1 1
FAILURE TO REGISTER AS SEX OFFENDER 0 0 0 0 0 0 0 1 1
FORCIBLE RAPE 2 1 1 3 4 1 1 3 16
FORGERY/COUNTERFEITING 9 2 7 3 4 4 8 3 40
FRAUD-ACCOUNT CLOSED CHECK 0 0 0 0 0 0 1 1 2
FRAUD- BY DECEPTION/FALSE PRETENSES 2 5 6 2 4 4 2 3 28
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 3 2 2 2 0 5 2 2 18
FRAUD- IMPERSONATION 0 0 0 0 0 0 1 0 1
FRAUD- NOT SUFFICIENT FUNDS CHECK 0 0 0 1 0 0 C 0 1
FRAUD- OF SERVICES/FALSE PRETENSES 1 0 0 0 1 1 C 1
FRAUD-OTHER 0 0 0 0 0 0 C 1 1
FUGITIVE ARREST FOR ANOTHER AGENCY 27 18 28 26 29 31 4C 25 22
FURNISHING 0 0 1 0 1 0 C 0 2
GARBAGE LITTERING 1 0 0 0 0 0 0 0 1
HIT AND RUN FELONY 1 1 1 0 3 0 1 0 7
HIT AND RUN-MISDEMEANOR 23 8 13 19 19 15 16 15 128
IDENTITY THEFT 6 5 3 3 4 2 1 8 32
INTIMIDATION /OTHER CRIMINAL THREAT 1 0 1 6 2 3 7 22
INVASION OF PERSONAL PRIVACY 0 0 0 0 1 0 0 1
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 0 2 3
MINOR IN POSSESSION 0 0 2 1 1 0 1 1 6
MINOR ON PREMISES 0 0 0 0 0 1 0 0 1
MISCELLANEOUS 19 18 25 21 23 29 13 19 167
MOTOR VEHICLE THEFT 8 6 13 9 15 21 6 11 89
NON CRIMINAL DOMESTIC DISTURBANCE 20 12 8 12 12 21 15 16 116
OTHER 6 3 7 5 9 7 11 3 51
PROPERTY- FOUND LOST MISLAID 3 4 4 2 1 4 3 3 2
PROPERTY RECOVER FOR OTHER AGENCY 2 2 0 0 0 0 0 1
PROSTITUTION - ENGAGE IN 0 0 0 0 0 0 0 1 1
RECKLESS DRIVING 2 6 3 5 6 2 7 3 3
RESTRAINING ORDER VIOLATION 2 3 0 3 1 2 1 1 13
ROBBERY- BUSINESS 0 0 0 0 1 0 0 1 2
ROBBERY- CAR JACKING 0 0 0 0 0 1 2 0 3
ROBBERY- CONV.STORE 0 01 01 0 1 Oj 0 0 1
ROBBERY- OTHER 0 01 01 0 1 11 0 1 3
Pagel of 2 6
9/18/2019 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2019 Year to Date
Jan Feb Mar Apr May un Jul Aug Total
ROBBERY- RESIDENCE 01 0 0 0 0 1 0 0 1
RUNAWAY 0 1 1 3 4 5 0 2 16
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 0 0 1 1 2
SEX CRIME - EXPOSER 1 0 0 1 0 0 1 1
SEX CRIME - FORCIBLE SODOMY 2 0 0 0 0 0 0 1 3
SEX CRIME - INCEST 1 0 0 0 0 0 0 0 1
SEX CRIME - MOLEST (PHYSICAL) 2 1 1 0 2 2 2 1 11
SEX CRIME - NON-FORCE RAPE 1 0 2 0 1 0 1 1 6
SEX CRIME - OTHER 1 0 0 0 0 0 0 0 1
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 3 0 0 3
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 1 1 0 0 0 2
STALKER 0 1 1 0 2 0 0
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 0 0 0 1 1
SUICIDE 0 0 0 0 0 0 0 1 1
HEFT- BICYCLE 1 1 0 6 8 1 3 3 23
HEFT- BUILDING 0 2 5 3 1 4 1 0 16
HEFT- COIN OP MACHINE 0 1 0 1 0 1 2 0
HEFT- FROM MOTOR VEHICLE 25 18 27 8 15 14 10 19 136
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 2 2 1 1 3 2 1 3 1
HEFT- OTHER 14 7 16 24 23 29 10 17 149
HEFT- PICKPOCKET 1 1 1 0 1 0 0
HEFT- PURSE SNATCH 1 1 0 0 2 1 1 6
HEFT- SHOPLIFT 12 14 22 21 24 17 2 16 146
TRAFFIC VIOLATIONS 11 6 11 8 9 6 1 11 81
TRESPASS 8 6 10 8 12 14 1 15 86
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 3 0 2 1 0 1 1 2 10
VANDALISM 16 8 13 12 17 13 15 20 11
VEHICLE RECOVERD FOR OTHER AGENCY 5 3 5 3 2 6 0 0 2
WEAPON -CARRY CONCEALED 1 1 1 1 0 2 0 1 7
WEAPON - EX FELON IN POSSESSION 1 0 1 1 0 1 0 0
WEAPON - POSSESS ILLEGAL 1 0 1 4 3 5 1 3 18
WEAPON -SHOOTING IN PROHIBITED AREA 1 3 1 0 1 1 4 2 13
Jan I Feb I Marl Apr IMayl Jun I Jul Aug Total
2019 Total 330 23 32 297 371 374 352 346 2,630
2018 Total 1 4091 284 3171 3421 3161 3091 3111 308 2,596
2017 Total 1 3221 2921 350 3171 3301 3071 3171 321 2,561
Offenses/Year
2800
2400
2000
N
N 1800
W i
LL 1200
O
800
aoo
0
2017 2018 2019
YEAR
Page 2 of 2 7
Woodburn Police Department
ORDINANCE VIOLATIONS
2019 Year to Date
9/18/2019
Ordinance Discription Jan Feb Mar Apr May Jun Jul Aug Total
Animal Complaint 38 29 44 36 50 38 48 80 363
Ordiinance -Abate/Nuisances 0 1 0 0 2 0 1 0 4
Ordinance -Abandoned Vehicles 66 39 50 34 18 48 38 51 344
Ordinance -Abate Graffiti 2 0 1 0 6 2 1 4 16
Ordinance - Land Use Violations 1 0 2 1 2 1 0 4 11
Ordinance -Oth Violation 34 30 51 45 40 74 68 60 402
Ordinance -Tall Grass 0 0 0 0 87 34 17 8 146
2019 Total 141 99 148 116 205 197 173 207 1,286
2018 Total 176 133 156 182 223 167 140 205 1,382
2017 Total 94 126 176 177 290 284 175 170 1,492
Ordinance Violations / Code Enforcement Officers
1400
1200
i
1000
N
Z
O 800
F
0 600
400
200
0
2017 2018 2019
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
1600
1400
n
1200
N
Z 1000
O
800
O
> 600
400
200
0
2017 2018 2019
YEAR TOTALS FOR ALL OFFICERS
1
8
-A�e� Item
f rr u r J r,i'led P S ffi r
September 23, 2019
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
N. Robert Shields, City Attorney
SUBJECT: Catholic Community Services Foundation's request to implement the state
law process for a property tax exemption for nonprofit corporations
providing low-income housing
RECOMMENDATION:
Consider the request of Catholic Community Services Foundation (CCSF) for
implementation of the state law "Local Option" process, allowing eligible nonprofit
housing organizations to apply for a property tax exemption.
BACKGROUND:
Over the course of several months, City staff, the Mayor and the Council President
have been discussing CCSF's proposal that the City of Woodburn adopt the state law
Local Option, allowing Woodburn nonprofit affordable housing organizations to apply
for and receive a local property tax exemption. CCSF's proposal is now advancing to
the City Council for presentation and consideration.
Attached are the following Exhibits submitted by CCSF:
Exhibit 1 - A letter, dated August 27, 2019, from CCSF requesting that the
City of Woodburn adopt the state law Local Option, allowing
nonprofit organizations to apply for property tax exemption for
low income housing units;
Exhibit 2 - A one-page Overview of Villa Esperanza;
Exhibit 3 - A two-page summary of Historical and Current Data regarding CCSF
and the Fostering Hope Initiative;
Exhibit 4 - City of Eugene Code implementing the state law Local Option; and
Exhibit 5 - City of Salem Enabling Ordinance (Ordinance Bill No. 29-17)
implementing the state law Local Option.
Agenda Item Review: City Administrator_X City Attorney X_ Finance_X_
9
Honorable Mayor and City Council
September 23, 2019
Page 2
In addition to the Exhibits submitted by CCSF, staff believes that the following Exhibits
would be helpful to the City Council:
Exhibit 6 - City of Salem Property Tax Exemption Application Form (Sample)
Exhibit 7 - City of Salem Resolution Approving Property Tax Exemptions (Sample)
Exhibit 8 - City of Salem Staff Report Regarding Property Tax Exemptions (Sample)
Exhibit 9 - ORS 307.540 to ORS 307.548
DISCUSSION:
ORS 307.540 to ORS 307.548
In 1985, the Oregon legislature enacted the Nonprofit Corporation Low Income
Housing Tax Exemption "Local Option" process (ORS 307.540 to ORS 307.548; see
attached Exhibit 9). Although there have been modifications over the last 35 years,
something that has remained consistent is that implementation of this tax exemption
requires the exercise by the City of a state law "Local Option." The state law Local
Option can be exercised by the adoption of an Enabling Ordinance allowing eligible
nonprofits to apply for a property tax exemption.
Key Provisions of ORS 307.540 to ORS 307.548
The state law (ORS 307.540 to ORS 307.548) can be summarized as follows:
• The statute is applicable to cities and counties (ORS 307.540 (1 )).
• What constitutes "low income" is specified in the statute (ORS 307.540 (2)).
• The statute now "sunsets" (ceases to exist) in 2029.
• State mandated criteria are specified for the exemption (ORS 507.541 ).
• The exemption only applies to the City's tax levy unless taxing districts whose
governing boards agree to the policy of exemption under ORS 307.540 to
307.548, when combined with the City of Woodburn's rate of taxation, equal 51
percent or more of the total combined rate of taxation on the property. In this
situation, the exemption shall apply to the tax levy of all taxing districts.
• The corporation seeking the exemption must file an application for exemption
for each tax year showing it meets the criteria (ORS 307.545).
Enactment and Application of an Enabling Ordinance
If the City Council decides it wants to implement the state law Local Option, in
accordance with the CCSF proposal, the first step would be to direct staff to draft an
10
Honorable Mayor and City Council
September 23, 2019
Page 3
Enabling Ordinance. The City of Salem Enabling Ordinance is straightforward and
could be used as a model (see Exhibit 5). If the City Council were to enact an
Enabling Ordinance, this ordinance would constitute "municipal legislation" that must
be applied fairly and evenly to all qualifying nonprofit providers of low income
housing. The Enabling Ordinance would establish specified requirements (based upon
the state statute) for any eligible nonprofit housing organization to meet. If the
organization met the requirements, then it would be entitled to receive a property tax
exemption. The only discretion provided to the City Council is whether the applicant
has met the criteria or not.
Councilors should know that future nonprofit housing organizations who construct new
properties or acquire existing properties, would be eligible to apply for and receive a
property tax exemption if they meet established criteria. For instance, the Economic
and Community Development staff has met with representatives of a nonprofit
housing organization that is proposing approximately 285 units of affordable housing in
Woodburn. This project is in the preliminary phase and no land use application has yet
been filed. However, should it come to fruition, it would likely be eligible for a property
tax exemption under the Local Option process.
Frequently Asked Questions (FAQs):
Since understanding the property tax exemption process can be challenging, staff
believed that including some FAQs could be helpful.
Question 1: What is the applicable process under state law for the City Council to
grant a property tax exemption for a nonprofit corporation providing low-income
housing?
Answer: If the City Council decides to implement this tax exemption under the Local
Option provided by state law, the City must first adopt an Enabling Ordinance with
certain mandatory provisions (ORS 307.540 to 307.548). Deciding to draft an Enabling
Ordinance is a policy decision for the City Council. Staff would draft an Enabling
Ordinance if a majority of the City Council voted to do this.
Question 2: What provisions would an Enabling Ordinance contain?
Answer: If a majority of the City Council makes the policy decision to proceed with an
Enabling Ordinance, staff recommends using the City of Salem ordinance (see Exhibit
5) as a model. It is straightforward and consistent with the state law.
Question 3: Would an Enabling Ordinance govern the tax exemption for a particular
property?
11
Honorable Mayor and City Council
September 23, 2019
Page 4
Answer: Yes, in the sense that the provisions of the Enabling Ordinance (and the state
law) govern eligibility for a property tax exemption. However, both the Enabling
Ordinance and ORS 307.545 require that the corporation seeking the property tax
exemption file an application. If the property tax exemption application is granted by
the City, the City Council would pass a resolution specifying the real property where
the exemption applies.
Question 4: Would the property tax exemption for a specific property automatically
be renewed for the next tax year?
Answer: No. As mentioned, the applicable statute requires that each property tax
exemption be requested one tax year at a time. To comply with the statute, the City
of Salem Enabling Ordinance requires that the nonprofit corporation annually certify to
the City that it continues to qualify for the exemption.
Question 5: If an Enabling Ordinance is enacted, how are the other taxing districts
affected?
Answer: This is specifically answered by ORS 307.543. The exemption provided by the
Enabling Ordinance only applies to the tax levy of the City of Woodburn, unless taxing
districts whose governing boards agree to the policy of exemption under ORS 307.540
to 307.548, when combined with the City of Woodburn's rate of taxation, equal 51
percent or more of the total combined rate of taxation on the property. In this
situation, the exemption shall apply to the tax levy of all taxing districts.
Question 6: Can the property tax exemption be specifically conditioned by the City
Council so that the rent of tenants in low-income housing is reduced or will the
exemption just benefit the nonprofit corporation?
Answer: No. The qualifying nonprofit corporation is the recipient of the property tax
exemption pursuant to the state statute. The City cannot legally require the nonprofit
corporation to reduce tenant rent.
Question 7: Is it possible for the City Council to grant a property tax exemption for only
a certain percentage of the tax due?
Answer: No. Pursuant to the state law, a property tax exemption (for the entire
amount of City tax) must be granted or denied.
12
Honorable Mayor and City Council
September 23, 2019
Page 5
FINANCIAL IMPACT:
Currently, CCSF operates Villa Esperanza, a 16 unit multi-family affordable housing
complex located in Woodburn. According to CCSF, Villa Esperanza's current property
tax bill totals is $1,824.65 with the City of Woodburn property tax allocation being
$548.71 . This is based on a Marion County Property Tax Assessment created prior to
CCSF improvements of approximately $2 million. CCSF estimates that their new
assessed value will increase their annual property tax costs to upwards of $25,000
annually. Because a new appraised value and property tax assessment has not yet
occurred, the exact future property tax liability associated with Villa Esperanza is not
yet known.
Additionally, if an Enabling Ordinance were enacted by the City Council, it is likely that
other nonprofit housing entities (such as the 285 unit project mentioned above) could
be granted property tax exemptions. The future financial impact of the property tax
exemptions for these other qualified entities cannot yet be calculated.
13
Exhibit 1
Cadiolic Community Services Foundation Exhibit 1
Page 1 of 2
- We support and assure the financial sustainability of CCS and its p/agram� devekroand
offer affordable housing, and develop and maintain facilities to house CCS prograM&
The CCSF Property Division owns and inanages 250 units ofarf-ordable housing.
August Z7, ZOl9
Scott Derickson
City [>fWoodburn
Dear Mr. Derickson,
BACKGROUND:
Catholic Community Services Foundation (CCSF) has been providing low-income housing since
2007 and serving the Washington and Nellie Muir Elementary School area since 2013. Villa
Esperanza, 1245-1255 E Lincoln St, which was named by the Woodburn community, has 16 _
family units (4 Z-bdrnn and 123-bdrno apartments) for low-income families and a manager's
unit. The complex is an innovative approach to quality, affordable, supported housing. In
addition tostable housing, families need accessible services. Therefore, a certified community
health worker through CCS's Fostering Hope Initiative is on-site to help stabilize families in crisis
and work with them towards safe, stable, nurturing environment for their children. The
Certified Community Health Worker, Erica Chavez, is a full-time bilingual employee that
coordinates the Fostering Hope Initiative in the Woodburn area with community partners.
NOTE: Low-incomelaffordable housing units are a different classification than farm worker
housing.
Because of the recognized value of having services offered on-site not only for the residents but
the community CCSF made the investment to incorporate a community room, community
kitchen, and coordinate Fostering Hope Initiative services from the Villa Esperanza site.
Property tax exemption for low-income housing complexes operated by non-profit
organizations was challenged byOregon tax assessors inZOlZ. Asaresult properties exempt at
the time were "grandfathered" until 2022 and a legislative task force was charged with
developing aviable long-term solution. Therefore, any new low-income housing properties
built by non-profit organizations after 2012 are NOT exempt from property tax.
NOTE: Fonn worker housing was not included/n the challenge and are still tax-exempt os are
the low-income housing complexes operated by non-profit organizations and built prior to2O12.
To equal the playing field for properties built by non-profit organizations both before and after
2012, and, when needed, to encourage non-profit organizations to provide additional low-
income housing, many Oregon cities and counties have adopted a local option that allows non-
profit organizations to apply for property tax exemptions on properties built after 2012.
P.0. Box 2U4OO'Salem, 0R973O7 ! 503-390'2600
��o ��
wauuna|��cmu�eu�me CatholicM\ � ��ChG[�V8 ^m"
ovunoi/nn^zonmumunn []� ns�. w�~
-� - Oregon
15
Exhibit 1
Page 2 of 2
Marion County Board of Commissioners and City of Salem Council adopted Local Option
ordinances and applications on 11/22/2017 and 1/8/2018 respectively.
For a city or county to adopt an ordinance concurrence from taxing districts receiving 51% of
the tax dollars must be received. In addition, the non-profit organization would still need to
apply ANNUALLY and prove their adherence to low-income housing requirements outlined in
the language in order to justify this waiver.
Property tax data for Villa Esperanza, low-income/affordable housing complex which opened in
December 2018 at 1245-1255 E Lincoln St is below:
(*property has not been reassessed since renovations made. CCSF renovation costs exceeded
$4 million. According to a Marion County tax appraiser if the property were assessed for$2
million, the taxes in Woodburn would be slightly over$25,000):
• 2018-19 Total Property Taxes $1,824.65*
• 2018-19 Property Taxes dedicated to City of Woodburn $584.71
SPECIFIC REQUEST:
CCSF is requesting the City of Woodburn to adopt the same local option provision as Marion
County, Polk County, the City of Salem and many other municipalities across the state that will
allow non-profit organizations to apply for property tax exemption for low-income housing
units built/acquired AFTER 2012.
Providing low-income housing is not a profitable venture and sometimes breaking even can be
a challenge even without the burden of property taxes. Your assistance will provide needed
relief and aid in our ability to continue to offer services and low-income housing in the
Woodburn community.
For additional information please feel free to contact me directly at seymour@ccswv.org (503)
485-5973 or iackiefranke@comcast.net (503) 999-2761. Thank you.
Sincerely,
Jim Seymour
Executive Director
® t
P.O. Box 20400,Salem,OR 97307 ( 503-390-2600
C:arho(ic Catholic r
1 Nationally accredited by they You
ch.�r,ties ;_]Charities n
Council on Accreditation USA. Oregon ��'
16
Exhibit 2
Catholic Community services Foundation Exhibit 2
Page 1 of 1
Local Option — Property Tax Exemption for Low-Income, Affordable Housing
Overview of Villa Esperanza (Hope Villa)Affordable Housing for Low-Income Families
a
Catholic Community Services Foundation (CCSF)has been providing low-income housing since 2007 and
serving the Washington and Nellie Muir Elementary School area since 2013. Villa Esperanza, which was named
g by the Woodburn community, has 16 units (4;2-bdrm and 12 3-bdrm apartments) for low-income families, a
manager's unit; community room and community kitchen. The complex,is an innovative approach to quality, i
affordable, supported housi;ng.:Ib", tion'to stabFe housing families need accessible services therefore a'd-d
certified toS's Fosterng':1-lape Inrtiatrve is on site to help staFa�.lrze families in
ci isJs ani work.;w�th Them towards safe, stable,nurture etvronrrent fQr their childr Jn
s r a s L ct {IIx iiiir a z
NOTE,a LowM1>ncomJafforda6le housing u �ts are a different classrficat�onliai�farrra v,orker,housing
5 ti's d tis 3y 7 H aril p � Axa 5 4 Mrd M t t - 1 i d1 i t i
p,
Problem:
• Providing low-income housing is not a profitable venture and sometimes breaking even can be a challenge even
without the burden of property taxes.
• Non-profit organizations offering low-income affordable housing built PRIOR to 2012 do not pay property taxes on
those facilities.
• In 2012 Oregon Courts referred the property tax exemption issue for non-profit organizations offering low-
income/affordable housing to the Oregon Legislature. The Legislature 'grandfathered' property tax exemption for
facilities established PRIOR to 2012 and appointed a task force to consider a solution by 2022.
• In the meantime, any new construction or acquisition of low-income/affordable housing by non-profit organizations
AFTER 2012 must pay property taxes.
Solution:
• Providing a property tax exemption for non-profit organizations who have attempted to meet the needs of
communities AFTER 2012 will 'level the playing field'for them with non-profit organizations with similar facilities
established PRIOR to 2012.
• A municipality has the power to adopt a LOCAL OPTION that allows non-profit organizations that meet strict service
and applicant requirements to apply annually for property tax exemptions for low-income/affordable housing
constructed/acquired after 2012.
Financial Impact(known):
• Villa Esperanza, 1245-1255 E Lincoln St 2018-19 Property Tax Statement=$1,824.65 with$548.71 dedicated to the
City of Woodburn. The property will be reassessed in the future and could raise to $25,000.
• Currently,All FWDC low-income/affordable housing properties are exempt from property taxes.
• FWDC has a 44 unit facility under construction. Twenty two (22) units will be farm worker housing and will be
property tax exempt. Twenty two (22) units will be low-income/affordable housing and NOT exempt from property
taxes since they are being constructed AFTER 2012. No property taxes have been assessed at this time and it is
unknown when construction and occupancy will be complete.
If Local Option is Adopted by City of Woodburn:
• Eligible Applicants must be non-profit organizations exempt from federal income tax and upon liquidation distribute
remaining assets to another tax exempt charitable organization or the State of Oregon.
• Non-profit applicants must apply annually to the governing agency and certify compliance with state and federal
low-income housing regulations.
• Non-profit applicants must describe annually how the exemption will benefit the project residents.
• Non-profit applicants must have concurrence from taxing districts that receive a total of 51%of the property tax
dollars for each property in question.
CCSF will request the City of Woodburn adopt the same local option provision as Marion County, Polk County,the
City of Salem and many other municipalities across the state that will allow non-profit organizations to APPLY for
property tax exemption for low-income housing units built/acquired AFTER 2012.
18
Exhibit 3
Exhibit 3
Page 1 of 2
Historical and current data regarding Catholic Community Services Woodburn Connections
https://www.ccswv.org/home-page/childrenfamilies/fostering-hope-initiative
1980's- CCS opens our first Community Home in Woodburn for individuals who experience developmental and
intellectual disabilities.
1990's- CCS opens Work Options, a program providing supported employment for those with intellectual and
developmental disabilities.
2010's- CCS launches Fostering Hope Initiative* in Woodburn with Woodburn community partners.
2018- CCSF opens Villa Esperanza which also houses a Certified Community Health Worker who works with families
to access health care, parenting classes, counseling and other community resources. The facility was built
with a community room for coordination of activities and classes.
*Fostering Hope Initiative (FHI) is an approach Catholic Community Services has adopted to strengthen families, mobilize
neighborhoods and promote optimum child and adult development.
Catholic Community Services presently coordinates the Initiative in eight neighborhoods, including in Woodburn -the
Washington and Nellie Muir Elementary School neighborhoods.
Imagine... every child and adult in every neighborhood growing up in a safe, stable,
nurturing home, enjoying good health, succeeding in school or work, and continuing
on to financial sufficiency. This is the vision of the Fostering Hope Initiative (FHI).
...
CCS serves as the lead partner for this neighborhood-based collective impact
initiative. It is a partnership of government, public and private organizations joining
together with a common goal.
FHI operates in high poverty, high need neighborhoods, Each FHI Neighborhood is
staffed with a Certified Community Health Worker who works with families and
community partners to help support strong families and safe, healthy neighborhoods.
.:......_.__ _
z= � s_ NOTE: Activities at Villa Esperanza are NOT limited to Villa Esperanza residents.
Referrals are received from schools, other non-profit organizations, and word-of-
mouth.
The FHI Certified Community Health Worker is housed at Villa Esperanza. She, Erica
Chavez, is a bilingual, permanent full-time employee who assists families access services to meet their family's needs
and provide information and resources related to:
Childcare Education Health &Wellness Pregnancy
Clothing Employment Housing Transportation
Counseling Financial Literacy Legal Utilities
Dental Services Food Medical Services
Ms. Chavez also is certified to assist all families in completing Oregon Health Plan applications through Oregon
Department of Human Services.
Partners include: Court Appointed Special Advocates(CASA) of Marion County,Catholic Community Services, Mid-
Willamette Valley Community Action Agency, Family Building Blocks, Mano a Mano, Northwest Human Services, Salem
Leadership Foundation, Marion & Polk Early Learning Hub, inc., Marion County Health Department, and Oregon
Department of Human Services.
Currently Ms. Chavez also assists in coordinating neighborhood Community Cafes where families participate in guided
conversations based on the Strengthening Families Protective Factors Framework. She also coordinates activities and
events; ie free Zumba classes at Villa Esperanza are held thanks to a Marion County grant. Because Villa Esperanza has a
community kitchen free healthy cooking classes through Early Learning Hub will begin in the fall. In mid August Ms.
Chavez encouraged families in need to attend the Salvation Army's Back-to-School Fair to receive free school supplies.
20
Exhibit 3
Page 2 of 2
F « k
�.. nights mays of
regaant 40, Respite Cire.
and parenting parents pmvidedto f-mikes
women teen"supported
tr�rr
nlnlumit
Cafes
��.
ars.,rrts attended Classes Community Atfivitles
arp ttra. Edutotio14'111 �L, anende4 by e alts nd
families recelvc-d ossistence,
to improve their current
Housing or rnc�va into Safe
Affordable R"sin
FI 11 Broctitirt( H 11 Service Ovcrvie; I 1111 311,irtnLrs &ifl for Offl iren
1 I'aa:f'le l lon) s an<f M'e,' UICY S .}l 011 Sel'Vi;ens I`itreligthellili>_.fli-eservitig a:nci ftelinifyisir F am6lies
` ttlsl>ort out wVork
21
Exhibit 4
Exhibit 4
Page 1 of 4
Eugene Code
Cooperative Housing Program
2.910 Low Income Housing Tax Exemption - Definitions. For purposes of
sections 2.912 to 2.922 of this code, the following words and phrases mean:
City manager. The city manager of the city of Eugene, or the manager's
designee.
Eligible corporation. A corporation which is exempt from income taxes
under 26 U.S.C. 501(c)(3) or (4) as amended before December 1, 1984, and
which demonstrates that upon liquidation, the assets of the corporation are
required to be applied first in payment of all outstanding obligations, and the
balance remaining, in cash and kind, to be distributed to corporations exempt
from taxation and operated exclusively for religious, charitable, scientific,
literary or educational purposes or to the State of Oregon.
Eligible property. Property within the limits of the city of Eugene which is:
owned or being purchased by an eligible corporation; actually and
exclusively used for the purposes described in 26 U.S.C. 501(c)(3) or (4);
and, occupied by low income persons. For the purposes of this section
property will be deemed to be occupied by low income persons if it is made
available and reserved exclusively for low income persons and has been
occupied by a low income tenant within the last six months. Only that portion
of the real property and improvements located thereon that is occupied by
low income persons shall be eligible property.
Low income. Income at or below 60 percent of the area median income as
determined by the State Housing Council based on information from the
United States Department of Housing and Urban Development.
Owner or owned. The owner or purchaser of property for which an
exemption is sought. For purposes of this section a corporation which has
only a leasehold interest in property is deemed to be a purchaser of that
property if:
(a) The corporation is obligated under the terms of the lease to pay the ad
valorem taxes on the real and personal property used to provide low
income housing; or
(b) The rent payable by the corporation has been established to reflect the
savings resulting from the exemption from taxation.
(Section 2.910 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989; and amended by Ordinance 19967, enacted June 13, 1994.)
2.912 Low Income Housing Tax Exemption -Application for Exemption.
(1) An eligible corporation seeking tax exemption for eligible property shall
submit an application on a form provided by the city manager and pay
the fee set by the city manager pursuant to section 2.020 of this code.
The application shall contain the following information:
2-103 7/31/2017
23
Exhibit 4
Page 2 of 4
Eugene Code
(a) The applicant's name, address, and telephone number;
(b) The assessor's property account number for each parcel of
eligible property for which application is being made;
(c) The number of units and the exempted amount of each parcel
which is in part eligible property, and the portion of the parcel
which will be eligible property;
(d) A description of the property for which the exemption is requested;
(e) A description of the charitable purposes of the project and
whether all or a portion of the property is being used for that
purpose;
(f) A certification of income levels of low income occupants and a
declaration that the income levels of all occupants of the property
for which the exemption is being applied, at the time of the
application or within 30 days of the filing of the application are at
or below 60 percent of the area median income as determined by
the State Housing Council based on information from the United
States Department of Housing and Urban Development;
(g) A description of how the tax exemption will benefit project
residents;
(h) A declaration that the corporation is an eligible corporation; and
(i) Such other information as requested by the city manager.
(2) The applicant shall verify the information in the application by oath or
affirmation.
(3) An application which does not contain all the information required by
this section and not accompanied by payment of the proper fees shall
be returned. Any application returned for these reasons shall be
deemed not to have been filed.
(4) An application must be filed on or before the March 1 of the
assessment year for which the exemption is applied, except that when
the property designated in the application is acquired after March 1 and
before July 1, the claim for that year shall be filed within 30 days after
the date of acquisition.
(Section 2.912 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989; amended by Ordinance No. 19854, enacted May 26, 1992; and Ordinance 19967,
enacted June 13, 1994.)
2.914 Low Income Housing Property Tax Exemption - Review of Application.
(1) Applications for the low income housing property tax exemption shall be
filed with the city manager.
(2) The city manager shall process each application and the manager shall
make a written recommendation to the council in sufficient time to allow
the council to act within 30 days of the filing of the application.
(3) The city manager shall recommend approval and the council shall grant
an annual exemption for any eligible property owned by an eligible
corporation.
(4) Upon receipt of the city manager's written recommendation, the council
2-104 7/31/2017
24
Exhibit 4
Page 3 of 4
Eugene Code
shall consider the application. At that meeting the council shall
determine if the applicant qualifies for the exemption. If the council
allows the exemption, the council shall adopt a resolution approving the
application, which contains findings on the approval criteria and certifies
to the Lane County Tax Assessor that all or a portion of the property for
which application was made shall be exempt from the ad valorem
property tax levy of the city of Eugene.
(Section 2.914 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989.)
2.916 Low Income Housing Property Tax Exemption -Annual Application
Renewal.
(1) Applicants who have received a property tax exemption under section
2.912 of this code must reapply each year, following the procedures set
forth in section 2.912, no later than March 1 in order to be qualified for
property tax exemption for the following tax year.
(2) Applicants for property tax exemption under section 2.912 of this code
shall apply for, and may be eligible for property tax exemptions for tax
years beginning on or after July 1, 1994, and before July 1, 2014.
(Section 2.916 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989; amended by Ordinance No. 19854, enacted May 26, 1992; Ordinance 19967, enacted
June 13, 1994; and Ordinance No. 20472 enacted April 13, 2011, effective May 15, 2011.)
2.918 Low Income Housing Property Tax Exemption - Regulatory Power. The
city manager may issue rules necessary for the implementation of sections
2.910 to 2.922 by following the process set out in section 2.019 of this code.
(Section 2.918 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989; and administratively amended by Ordinance No. 19742, enacted January 14, 1991.)
2.920 Low Income Housing Property Tax Exemption -Assessment
Exemption.
(1) Property for which an application for a property tax exemption has been
approved under the provisions of sections 2.910 to 2.922 shall be
exempt from ad valorem taxation for one tax year beginning on or after
July 1 of the year immediately following the calendar year in which
construction is completed, determined by that stage in the construction
process when, pursuant to ORS 307.330, the property would have gone
on the tax rolls in the absence of the exemption. The exemption
provided for herein shall be in addition to any other exemption provided
by law.
(2) Applications for property tax exemption under section 2.912 shall apply
to and may be approved for tax years beginning before July 1, 2014.
(Section 2.920 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989; amended by Ordinance No. 19854, enacted May 26, 1992; Ordinance 19967, enacted
June 13, 1994; and Ordinance No. 20472 enacted April 13, 2011, effective May 15, 2011.)
2-105 7/31/2017
25
Exhibit 4
Page 4 of 4
Eugene Code
2.922 Low Income Housing Property Tax Exemption -Termination.
(1) If, after a certificate of qualification approving the exemption has been
filed with the county assessor, the city manager finds that non-
compliance has occurred or that any provision of sections 2.910 to
2.922 is not being complied with, the city manager shall give notice in
writing to the owner, mailed to the owner's last known address, of the
proposed termination of the exemption. The notice shall state the
reasons for the proposed termination of exemption and require the
owner to appear before the council to show cause at a specified time,
not more than 20 days after mailing of the notice, why the exemption
should not be terminated.
(2) If the owner does not appear or if the owner appears and fails to show
cause why the exemption should not be terminated, the exemption shall
be terminated. A copy of the termination shall be filed with the county
assessor and a copy sent to the owner at the owner's last known
address, within ten days after its adoption.
(3) If the council finds that the non-compliance was due to circumstances
beyond the control of the owner, and that the owner had been acting
and could reasonably be expected to act in good faith and with due
diligence, the council may continue the exemption or some portion for
the duration of the current application.
(4) All reviews of council action in denying, approving or terminating an
exemption shall be governed by the procedures set forth in ORS 34.010
to 34.100 and correction of assessments and tax rolls and the
evaluation of the property shall be in conformity with subsection (2) of
ORS 307.680. The council's action on an exemption shall not be a land
use decision for purposes of administrative review.
(Section 2.922 added by Ordinance No. 19595, enacted February 13, 1989, effective March 15,
1989.)
2.925 Municipal Condemnation - Moving Expense.
(1) Whenever the city appropriates to a public use real property which is
then occupied by any person or persons for residential purposes, the
finance officer is authorized to compensate such persons the actual and
reasonable costs, not exceeding $200.00, of moving such persons'
household goods, as approved by the city manager.
(2) The moving cost expenditure is hereby declared to be a part of the cost
of acquisition of real property for public purposes and/or for a public
improvement and such moving cost is hereby declared to be a cost of
any public improvement that may be charged to and assessed against
real property improved thereby.
(Section 2.925 added by Ordinance No. 16270, enacted July 12, 1971.)
2.926 Municipal Condemnation - Housing Information. The city shall provide
every person referred to in section 2.925, continuously from a date at least
60 days prior to the time the person is required to move until the person has
2-106 7/31/2017
26
Exhibit 5
Exhibit 5
Page 1 of 7
1 ORDINANCE BILL NO. 29-17
2 AN ORDINANCE RELATING TO PROVIDING FOR A PROPERTY TAX
3 EXEMPTION FOR CERTAIN LOW INCOME HOUSING NON-PROFIT OWNERS;
4 CREATING NEW PROVISIONS; AND DECLARING AN EMERGENCY.
5 The City of Salem ordains as follows:
6 Section 1. Findings. This ordinance is in the best interest of the City of Salem because it
7 implements a Nonprofit Corporation Low Income Housing tax exemption authorized by
8 ORS 307.540 to 307.548, and will lower costs for certain providers of low income
9 housing, which is an identified need in the community.
10 Section 2. Sections 2.850 through 2.910 are added to and made a part of the Salem
11 Revised Code, Title I- Government, Chapter 2 as set forth herein.
12 Sec 2.850 to 2.910 are created to read:
13 Sec. 2.850. Exemption created. Sec. 2.850 to 2.910 may be referred to as the "Salem
14 Nonprofit Corporation Low Income Housing Tax Exemption Program."
15 (a) The provisions of ORS 307.540 to 307.548 are hereby adopted, and there is
16 created, as set forth in this chapter, an exemption from property tax from certain
17 nonprofit owners of low-income housing, for the purpose of encouraging the
18 preservation, maintenance, and development of low-income housing within the city of
19 Salem.
20 (b) The Director shall have the authority to promulgate rules and guidelines consistent
21 with this chapter to implement Sec. 2.850 to 2.910, including, the authority to impose
22 additional criteria and requirements for eligibility for exemption on a case-by-case basis,
23 which are consistent with the purpose and intent of the Program.
24 Sec. 2.860. Definitions. Unless the context otherwise specifically requires, terms used in
25 sections 2.850—2.910 shall have the meanings set forth in this section;
26 Low income. Income at or below 60 percent of the area median income as determined
27 by the Oregon Housing Stability Council based on information from the United States
28 Department of Housing and Urban Development.
29 Sec. 2.870. Criteria for Exemption.
30 (a) A property is exempt from property taxation as provided by sec. 2.850—2.910 if:
ORDINANCE 29-17—Page 1 COUNCIL OF THE CITY OF SALEM, OREGON
28
Exhibit 5
Page 2 of 7
1 (1) The property is owned or being purchased by a corporation described in
2 section 501(c)(d) or (4) of the Internal Revenue Code that is exempt from income
3 taxation under section 501(a) of the Internal Revenue Code;
4 (2) Upon liquidation, the assets of the corporation are required to be applied first
5 in payment of all outstanding obligations, and the balance remaining, in cash and in
6 kind, to be distributed to corporations exempt from taxation and operated exclusively
7 for religious, charitable, scientific, literary or educational purposes or to the State of
8 Oregon;
9 (3) At the time the application is filed, the property is:
10 (A) Occupied by low income persons; or
11 (B) Held for a period not to exceed two years from the date the exemption
12 is granted, for the purpose of developing low income housing.
13 (4) The property or portion of the property receiving the exemption, if occupied,
14 is actually and exclusively used for the purposes described in section 501(c)(3) or (4)
15 of the Internal Revenue Code;
16 (5) The property, at the time of application, and throughout the period of
17 exemption, is maintained in a safe and habitable condition;
18 (6) Within 30 days of the date the exemption is granted by Council, the owner of
19 the property has established, and shall maintain for the period of the exemption, a
20 capital reserve for the property of at least $100 per housing unit per month. The
21 Director may periodically adjust the required minimum reserve amount per housing
22 unit;
23 (7) The property, and uses on the property, at the time the application is filed, and
24 throughout the period of exemption comply with all applicable laws, regulations, and
25 Council policies; and
26 (8) The exemption has been approved as provided in Sec. 2.900 of this chapter.
27 (b) For purposes of subsection (1) of this section, a corporation that has only a
28 leasehold interest in property is deemed to be a purchaser of that property if;
29 (1) The corporation is obligated under the terms of the lease to pay the ad valorem
30 taxes on the real and personal property used in this activity on that property, or
ORDINANCE 29-17—Page 2 COUNCIL OF THE CITY OF SALEM, OREGON
29
Exhibit 5
Page 3 of 7
1 (2) The rent payable by the corporation has been established to reflect the savings
2 resulting from the exemption from taxation.
3 (c) A partnership shall be treated the same as a corporation to which this section
4 applies if the corporation is a general partner of the partnership, and responsible for the
5 day-to-day operation of the property that is the subject of the exemption.
6 Sec. 2.880. Length of exemption; limited to levy of the City; exception.
7 (a) An exemption granted by the City under Sec. 2.900 shall be valid for a maximum
8 period ten years from the date of the determination by Council at which time the
9 exemption shall automatically expire, unless terminated earlier as provided by law. An
10 exemption may not be renewed or reauthorized after the ten year period expires, without
11 express approval by Council.
12 (b) Except as set forth in subsection (c) of this Section, an exemption granted by the
13 City shall only apply to the tax levy of the City for the property.
14 (c) Pursuant to ORS 307.543, to permit the exemption applied for to apply to the
15 combined tax levy for the property of all applicable taxing districts, the City may submit
16 a request to the governing bodies of taxing districts for which the property is certified,
17 whose rate of taxation, when combined with the City's, equal 51 percent or more of the
18 total combined rate of taxation on the property granted exemption, to agree to the policy
19 of exemption.
20 Sec. 2.890. Application for exemption; annual certification; when due.
21 (a) Application for Exemption. Before a request for exemption will be considered, an
22 applicant must file an application for exemption with the Director, containing all
23 information and material necessary to consider the application, on or before September 1
24 of the year preceding the assessment year for which the exemption is sought. The
25 Director may, in the Director's sole discretion, grant a variance for good cause shown to
26 allow a complete application to be filed after September 1. An application must contain
27 the following:
28 (1)A description of the property for which the exemption is requested,
29 (2) A description of the charitable purpose of the project and whether all or a
30 portion of the property is being used for that purpose;
(3) A certification of income levels of low income occupants,
ORDINANCE 29-17—Page 3 COUNCIL OF THE CITY OF SALEM, OREGON
30
Exhibit 5
Page 4 of 7
1 (4) A description of how the tax exemption will benefit project residents,
2 (5) If, at the time the application is submitted, the property is being held for future
3 low income housing development, a declaration that;
4 (i) The low income housing development will be completed and a certificate
5 of occupancy obtained, for uses consistent with the exemption within two
6 years of the date the exemption is granted;
7 (ii) A description of the anticipated low income housing development,
8 (iii) The minimum number of housing units to be provided, and
9 (iv) Identification of any features or amenities that will be provided as part of
10 the development.
11 (6) A declaration that the corporation has been granted exemption from income
12 taxation under section 501(a) of the Internal Revenue Code as an organization
13 described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code,
14 (7) A description of how the corporation and the property, respectively meet the
15 criteria set forth in Sec. 2.870 of this chapter,
16 (8) Any other information reasonably required by the Director,
17 (9) An oath or affirmation signed by a person with authority to bind the
18 corporation verifying the accuracy of the information submitted in the
19 application, and
20 (10) Payment of the applicable fees as set by resolution of Council.
21 (b) Annual certification; request for extension. After an exemption has been granted,
22 by September 1 of each year prior to the assessment year for which the exemption is
23 sought, the owner shall submit a request to the Director that the exemption be extended
24 for an additional year. The request must be accompanied by a certification from the
25 owner attesting that the property continues to comply with Council's determination
26 granting the exemption, and all the information and applicable fees identified in
27 subsection (a) of this section.
28 (1) After review of the request and inspection of the property, if the Director finds
29 that the property continues to meet the requirements of Council's
30 determination, the Director shall, in writing, grant the extension for an
additional year.
ORDINANCE 29-17—Page 4 COUNCIL OF THE CITY OF SALEM, OREGON
31
Exhibit 5
Page 5 of 7
1 (2) If the Director finds that the property no longer meets the requirements of
2 Council's determination, the Director shall submit a recommendation to
3 Council that the exemption be terminated pursuant to Sec. 2.910 of this
4 chapter.
5 (c) Applications for exemption and requests for extension will be reviewed for
6 completeness by the City, and untimely or incomplete applications or requests will be
7 rejected, and an explanation of the rejection provided to the applicant, which explains the
8 basis for the rejection and what information or materials must be submitted to make the
9 application complete.
10 Sec. 2.900. Determination of eligibility, notice to county assessor. Within 60 days of
11 receipt of a complete application for exemption, and any payment of fees due, the
12 Director shall;
13 (a) If the property is already developed with low income housing, schedule an
14 inspection of the property during normal working hours, and prepare written findings
15 determining whether the property is maintained in a safe and habitable condition,
16 (b) For all applications, prepare a report to Council, including preliminary findings
17 whether the application meets the criteria set forth in Sec. 2.870, and whether the
18 exemption should be granted.
19 (c) Within 120 days of the filing of a complete application and payment of the
20 applicable fees under Sec. 2.890 of this chapter, the Council shall adopt a resolution
21 determining whether the property shall be granted the exemption, and specifying;
22 (1) What portion of the property, if any, is exempt from taxation,
23 (2) Any conditions that shall be met to qualify for and maintain the exemption,
24 and
25 (d) If Council determines that the applicant qualifies for the exemption, Council shall
26 certify to the assessor of the county where the real property is located, as set forth in
27 307.512, that all or a portion of the property is exempt from taxation under the levy of the
28 City.
29 (e) Notwithstanding subsection(d) of this section, Council may send the certification
30 on or before the deadline specified in ORS 307.512, or as promptly as practicable after
making it determination, whichever is later.
ORDINANCE 29-17—Page 5 COUNCIL OF THE CITY OF SALEM, OREGON
32
Exhibit 5
Page 6 of 7
1 (f) Upon issuance of Council's resolution granting an exemption, the applicant shall
2 be approved to seek agreement to the policy of exemption from other taxing districts in
3 order qualify for an exemption from the total combined rate of taxation on the property
4 pursuant to sec. 2.880 of this chapter.
5 Sec. 2.910. Termination of exemption, additional taxes. If, after an exemption is
6 granted, the property is being used for any purpose inconsistent with the Council's
7 determination granting the exemption, the Director shall follow the procedures for
8 termination set forth in ORS 307.548, except that any final decision to terminate an
9 exemption shall be made by Council.
10 Section 3. Codification. In preparing this ordinance for publication and distribution, the
11 City Recorder shall not alter the sense, meaning, effect or substance of this ordinance, but
12 within such limitations, may:
13 (a) Renumber sections and parts of sections of the ordinance;
14 (b) Rearrange sections;
15 (c) Change reference numbers to agree with renumbered chapters, sections or other
16 parts;
17 (d) Delete references to repealed sections;
18 (e) Substitute the proper subsection, section or chapter, or other division numbers;
19 (f) Change capitalization and spelling for the purpose of uniformity;
20 (g) Add headings for purposes of grouping like sections together for ease of
21 reference; and
22 (h) Correct manifest clerical, grammatical or typographical errors.
23 Section 4. Severability. Each section of this ordinance, and any part thereof, is
24 severable, and if any part of this ordinance is held invalid by a court of competent
25 jurisdiction, the remainder of this ordinance shall remain in full force and effect.
26
27
28
29
30
ORDINANCE 29-17—Page 6 COUNCIL OF THE CITY OF SALEM, OREGON
33
Exhibit 5
Page 7 of 7
1 Section 5. Emergency Clause. This act being necessary for the immediate preservation of the
2 public peace, health and safety, an emergency is declared to exist, and this ordinance shall be in
3 full force and effect from and after the date of its passage.
4
5 PASSED by the City Council this day of , 2018.
6 ATTEST:
7
8
9 City Recorder
10 Approved by City Attorney:
11
12 Checked by:K.Retherford
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ORDINANCE 29-17—Page 7 COUNCIL OF THE CITY OF SALEM, OREGON
34
Exhibit 6
Exhibit 6
Page 1 of 14
2020/21
Property Tax Exemption
Application
Property Tax Exemption Program for
Low-Income Housing Held by
Charitable, Nonprofit Organizations*
Applications must be received at the City of Salem
no later than 4:00 p.m. on
Friday, August 30, 2019.
*Implementing provisions of ORS 307.540 - 548
36
Exhibit 6
Page 2 of 14
Instructions
The Oregon legislature authorizes a property tax exemption for low-income housing
held by charitable, nonprofit organizations.' The tax exemption is intended to benefit
low-income persons2 and is available for qualifying property located in the City of
Salem. Specific provisions that govern the City of Salem's Nonprofit Corporation Low-
income Tax Exemption Program are provided in the Salem Revised Code Sec. 2.850 to
2.910.
Application guidelines:
• Charitable, nonprofit organizations that provide housing to low-income persons are
eligible.
• The organization must be certified by the Internal Revenue Services as a 501(c)(3)
or 501(c)(4) (ORS 307.180).
• Organizations must own or have a leasehold interest in the property. In addition,
your nonprofit organization can qualify if it participates as the general partner in a
limited partnership who owns the property, so long as the nonprofit organization is
responsible for the day-to-day management of the property. In this case, the limited
partnership must be listed as the owner.
• The site must be able to show that it will be occupied during the eligible tax year by
income-eligible households.
• Vacant land intended to be developed as low-income housing is eligible for the
exemption provided under this program. The maximum period for this exemption
is 2 years.
• Applicants who are leaseholders must have a signed leasehold agreement by the
application deadline.
• Applications for new exemptions and renewal of existing exemptions must be made
annually. Any renewal application for a property that has been previously exempted
from taxation will be evaluated on criteria used to grant the original exemption.
Applications for each year are due by September 1 for the upcoming year of
requested exemption.
• The application for tax exemption is for property that is, or will be, owned or leased
from July 1 through June 30 of the year for which the tax exemption is requested. If
the property changes ownership between July 1 and June 30 of the year for
which the tax exemption is requested, the applicant must notify the City of
Salem of the change in the status so that the continuing eligibility of the
property can be evaluated.
ORS 307.540—307.548.
2 "Low-income persons"are individuals earning 60%or less of the area median income. See attachment A(2019 Income
Eligibility Schedule)
37
Exhibit 6
Page 3 of 14
• Only the residential portion of property that is used to house low income people or
property that is being held for future development as low-income housing. For
example, the commercial space-in a mixed-use building would not be eligible for the
exemption.
• Property may qualify for exemption under this program when governing bodies and
service districts representing 51% of the taxes levied on the property have formally
agreed to the exemption.
Who administers the program?
The City of Salem will administer the program but coordinates closely with the Marion
County Office of Assessment and Taxation. Please contact Renee Frazier at 503-540-
2471 or email rfrazieracityofsalem.net with questions.
How to apply?
Submit a complete and accurate application which includes all of the following
information:
1. Complete Sections A and E for the applicant organization. Complete Sections B,
C, and D for each property for which a property tax exemption is being requested.
2. All applications must be signed and notarized - Notarization (Section E) is required
only for each organization and application, not each property.
3. Newapplications must include a copy of IRS 501(c)(3) or (4) letter certifying the
applicant organization's eligible charitable nonprofit status. If the nonprofit
organization is a general partner in a limited partnership who owns the
property, the nonprofit organization must be responsible for the day-to-day
management of the property. In this case, the limited partnership must be
listed as the owner.
4. For the 2020121 application cycle, applications must be received at the City of
Salem no later than 4 p.m., Friday, August 30, 2019. Postmarks are not
sufficient—applications sent by mail must be received by 4 p.m. on Friday,
August 30, 2019. Applications received after August 30, 2019 will not be
accepted, and exemptions will not be granted. For the 2020121 application
cycle, applications must be received at the City of Salem no later than 4 p.m.
on Friday, August 30, 2019.
5. An application fee of$50 is required to apply for this program or to recertify a
previously exempted property.
6. An inspection fee of$200 is required to apply for this program or to recertify a
previously exempted property.
38
Exhibit 6
Page 4 of 14
Submit applications to the address below:
City of Salem
Urban Development Department
c/o Renee Frazier
350 Commercial St. NE
Salem, OR 97301
39
Exhibit 6
Page 5 of 14
Attachment A
2020-21 Income Eligibility Schedule
Draft — Subject to Change
The following income eligibility schedule is to be used in determining the amount of
eligible property. Only units which are intended for occupancy by households with
incomes at or below these income guidelines are eligible for the exemption.
Household Household Income
Size Not to Exceed
3
1 $29,160
2 $33,360
3 $37,500
4 $41,640
5 $45,000
6 $48,360
7 $51,660
8 $55,020
Note: Unoccupied housing units at the time of application may be included in the total
eligible units if the applicant meets the following conditions:
A. The units will be available exclusively to eligible low-income persons.
B. The units are intended to be occupied within the tax year of the exemption.
C. The applicant must provide a written statement to the effect of A and B above and
attach it to the application. This statement must include the prior year's vacancy
rate for the property, and an explanation as to what units are not occupied during
the year. Chronic vacancy patterns due to property management or property
condition may be grounds for denying an application or renewal request.
3 The schedule is based on 60%of the 2019 Salem MSA Income($69,400 for a family of 4),adjusted for household size,as
determined by the U.S.Department of Housing and Urban Development.
40
Exhibit 6
Page 6 of 14
Application Checklist
TO BE SUBMITTED WITH APPLICATION
Completed Application:
Section A
Section B
Required Attachment Capital Reserve Balance
Section C
Required Attachment Property Title Report no more
than 30 days old or County Assessor record showing current ownership no more
than 30 days old.
Section D
Section E
Required Attachment IRS declaration of the status of
applicant as a tax-exempt corporation under 26 U.S.C. Section 501 (c)(3) or (4).
Other Required Documents:
Current Property Rent Roll
Current Income Statement
Application Fee
41
Exhibit 6
Page 7 of 14
Application
Property Tax Exemption for Low-Income Housing Held By
Charitable, Nonprofit Organizations
(Implementing Provisions of ORS 307.540 -548)
(For Office Use Only)
City of Salem, Oregon Date Received
Contents
Page
Section A - General Information.................................................................. 1
B - Property to be Considered for Exemption.............................. 2
C - Leasehold Interest in Eligible Property................................... 3
D - Description of Charitable Purpose/Project Benefit................ 4
E - Declarations.............................................................................. 5
Section A — General Information
Please check one:
❑ Original Application
❑ Renewal Application
Corporate Name:
Address:
Telephone Number: /
Business Alternate Phone
Email Address:
Chief Executive Officer:
Contact Person Name and Number:
Property Tax Exemption Application --202€-21
Page 1
42
Exhibit 6
Page 8 of 14
Section B - Property to be Considered for Exemption
(Sections B, C, and D must be filled out for each property for which you are requesting a tax exemption)
Owner of record:
Property Address:
(Physical address of the property for which you are seeking an exemption)
Property Tax Account Number(s):
City of Salem Ward:
Tax lot Account Number(s):
(Be sure to identify all account numbers for both land and improvements on the property for which you
are requesting tax exemption. In some cases, land and improvements may have separate account
numbers. The Property Tax Account Number(s)and the Tax lot Account Number(s)should be on your
property tax statements.)
Total number of residential units in building(s):
Number of residential units occupied by low-income people:
Number of residential units occupied by people who are not low-income people:
Number of vacant residential units:
Is any portion of the building used for non-residential purposes, such as retail or office
space not supporting residential use? Yes No
If yes, please explain.
Date when exemption was first granted for this property:
(For renewal applications only)
What is your capital reserve balance for maintenance and repairs?
Does this amount equal or exceed $100 per unit per month per year? Yes No
Have you attached documentation to verify your capital reserve balance? Yes No
Property Tax Exemption Application—202€3-21
Page 2
43
Exhibit 6
Page 9 of 14
Section C - Eligible Property
Do you own the property in question? Yes No
A title report or County Assessor record, no more than thirty days old, is needed to
document ownership. Have you provided documentation of ownership for the property?
Yes No
If you do not own the property, do you have leasehold interest in the property?
Yes No
If you have an ownership interest in the property, but your organization is not the record
owner, describe your interest in the property. NOTE: Your nonprofit organization must be
responsible for day-to-day operations in order to be eligible for exemption under this
program. Include that information in your description.
If you have a leasehold interest, describe your interest and include a statement describing
how, as the nonprofit organization, you are obligated under the terms of the lease to pay
the ad valorem taxes on this property or other contractual arrangement such that the
property tax exemption benefits accrue to the nonprofit agency and the residential tenants
rather than the owner or,corporation from whom you lease.
If the property is being held for future low-income housing development, describe the
future development (number of units, units broken out by# of bedrooms, amenities
available, etc.) and the income level(s) that will be served by the future development.
Property Tax Exernption Application—2020-21
Page 3
44
Exhibit 6
Page 10 of 14
Section D - Description of Charitable Purpose/Project Benefit
(Use for multiple projects if same conditions apply)
Briefly describe your organization's charitable purpose:
Is the property being held for the purpose of developing low-income housing?
Yes No
The holding period may not exceed two years. When did the period begin?
Is all or a portion of the property is being used for the charitable purpose?
All Portion
If a portion, approximately what percentage of the property?
Will the cost savings resulting from the proposed tax exemption enable you to do the
following:
Reduce the rents that your low-income residential tenants pay on the property in
question? Yes No
If so, by approximately how much?
Provide greater services to your low-income residential tenants?
Yes No
If yes, in what way(s)?
Provide any other benefit to your low-income residential tenants?
Yes No
If yes, please explain.
If you lease the property identified in this application, please explain to what extent your
lease agreement coincides with the timeframe of the qualifying tax year:
Property Tax Exemption Application—2020-21
Page 4
45
Exhibit 6
Page 11 of 14
Section E — Declarations
1. 1 am aware of the requirements for tax exemption imposed by ORS 307.540 —
307.548 (Chapter 660 Oregon Laws 1985, as amended by Chapter 756 Oregon Laws
1987) and modified by Salem Revised Code Sec. 2.850 to 2.910 and I have attached
the applicant corporation's IRS declaration of tax-exempt status under 26 U.S.C.
Section 501 (c)(3) or (4).
2. 1 am aware that income-qualifying tenants must meet the established income
guidelines and believe tenant incomes do not exceed these limitations.
4. To the best of my knowledge, the above-described property or properties qualify, or
if vacant or under construction, will qualify for property tax exemption once
occupancy is established.
5. 1 have read and understood the criteria, and I certify that the corporation meets the
criteria.
6. 1 certify that the corporation has no outstanding liabilities with the City of Salem and
that the corporation's properties are in compliance with City permitting and code
requirements.
7. 1 agree that the City may, at its option, upon five (5) days' prior written notice to
Applicant, inspect the premises at regular intervals to ensure the premises are
maintained in decent, safe, and sanitary condition and to verify the accuracy of the
reports required herein and compliance with other provisions of tax exemption
criteria.
8. 1 understand that in order to claim this exemption after the initial year for which it
has been granted, a Property Tax Exemption Recertification Application must be
completed and filed annually by the applicable deadline.
Property Tan Exemption Application....2020-21
Page 5
46
Exhibit 6
Page 12 of 14
9. All the information in this application is true to the best of my belief and knowledge,
and is for the purpose of determining eligibility for the City of Salem's tax exemption
program.
By:
Agency Chief Executive Officer (Signature)
Agency Chief Executive Officer (Print or Type)
For:
Corporate Name (Print or Type)
SUBSCRIBED AND SWORN to before me this day of , 2019.
Notary Public for Oregon (Signature)
Notary Public for Oregon (Print or Type Name)
My Commission Expires
Property Tax Exeniption application—2020-21
Page 6
47
Exhibit 6
Page 13 of 14
ATTACHMENT 1
RESOLUTION NO. 2018-10
A RESOLUTION OF THE CITY OF SALEM APPROVING PROPERTY TAX EXEMPTIONS
FOR NON-PROFIT LOW-INCOME HOUSING PROPERTIES
Whereas, Ordinance No. 29-17 establishes a property tax exemption program for low-income
housing nonprofit owners and will encourage low-income housing preservation and
development by lowering costs for non-profit providers of low-income housing; and
Whereas, Ordinance No. 29-17 incorporates ORS 307.540—307.548, which includes the
minimum state requirements for the program criteria and eligibility; and
Whereas, an application process was established for the program; and
Whereas, the application period ended on January 24, 2018, and seven applications were
received; and
Whereas, the applications received for properties identified as:
Four Oaks Housing, 1051-1099 23rd Street SE, tax account R67385
Wallerwood LP, 1150 Waller Street, tax account R96741
Oakhill Associates, 3837 12th Ave, tax account R84895
Sunnyslope Associates, 1000 Cunningham Lane, tax account R93454
meet the program criteria as set forth in Ordinance No. 29-17 and ORS 307.540— 307.548.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SALEM, OREGON
RESOLVES AS FOLLOWS:
Section 1. Property tax exemptions are approved for
Four Oaks Housing, 1051-1099 23rd Street SE, tax account R67385
Wallerwood LP, 1150 Waller Street, tax account R96741
Oakhill Associates, 3837 12th Ave, tax account R84895
Sunnyslope Associates, 1000 Cunningham Lane, tax account R93454
48
Exhibit 6
Page 14 of 14
Section 2. This resolution is effective upon adoption.
ADOPTED by the City Council this 12th day of February 2018.
ATTEST:
City Recorder
Approved by City Attorney:
Checked by: K. Retherford
49
Exhibit 7
Exhibit 7
ATTACHMENT'Page 1 Of 2
RESOLUTION NO. 2018-14
A RESOLUTION OF THE CITY OF SALEM APPROVING TWO PROPERTY TAX
EXEMPTIONS FOR NON-PROFIT LOW-INCOME HOUSING PROPERTIES
Whereas, Ordinance No. 29-17 establishes a property tax exemption program for low-income
housing nonprofit owners and will encourage low-income housing preservation and
development by lowering costs for non-profit providers of low-income housing; and
Whereas, Ordinance No. 29-17 incorporates ORS 307.540—307.548, which includes the
minimum state requirements for the program criteria and eligibility; and
Whereas, an application process was established for the program; and
Whereas, the application period ended on January 24, 2018, and seven applications were
received; and
Whereas, the applications received for properties identified as:
Catholic Community Services Foundation, 2579-2587 Wallace Road, NW, tax accounts
241199 and 241201; Salem Self-Help Housing LLC, 539 Statesman St. NE, tax account
R77381, and Cornerstone Apartments Limited Partnership, Rose Garden Street, NE, tax
account R354287 and R354288, meet the program criteria as set forth in Ordinance No. 29-17
and ORS 307.540—307.548.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SALEM, OREGON
RESOLVES AS FOLLOWS:
Section 1. Property tax exemptions are approved for;
Catholic Community Services Foundation, 2579-2587 Wallace Road, NW, tax accounts
241199 and 241201;
Salem Self-Help Housing LLC, 539 Statesman St. NE, tax account R77381, and
Cornerstone Apartments Limited Partnership, Rose Garden Street NE, tax account R354287
and R354288.
51
Exhibit 7
Page 2 of 2
Section 2. This resolution is effective upon adoption.
ADOPTED by the City Council this 26th day of February 2018.
ATTEST:
City Recorder
Approved by City Attorney:
Checked by: K. Retherford
52
Exhibit 8
9/17/2019 CITY OF SALEM-File#: 18-47 Exhibit 8
i
Home Calendar City Council Boards and Commissions i People
`.its;. Si7are.,:�RSS ,s�Alerts
.....r....., Reports
File#: 18-47 Version:1
Type: Resolution Status: Agenda Ready
File created: 1/25/2018 In control: City Council
On agenda: 2/12/2018 Final action: 2/12/2018
Title: Property tax exemptions for qualifying non-profit,low-income housing Ward(s):All Wards Councilor(s):All Councilors Neighborhood(s):All Neighborhoods
Attachments: 1.Resolution No.2018-10,2.2018-19 Program Applications
Related files:
TO: Mayor and City Council
THROUGH: Steve Powers,City Manager
FROM: Kristin Retherford, Urban Development Director
SUBJECT:
d l<:.
Property tax exemptions for qualifying non-profit,low-income housing
Ward(s):All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
ISSUE:
Shall City Council adopt Resolution No. 2018-10 approving property tax exemptions for four low-income housing properties owned by nonprofit entities?
RECOMMENDATION:
Adopt Resolution No. 2018-10(Attachment 1)approving property tax exemptions for four low-income housing properties owned by nonprofit entities.
SUMMARY AND BACKGROUND:
Staff has determined four applicants meet the program criteria:
-Four Oaks Housing, 1051-1099 23rd Street SE,
-Oakhill Associates, 3837 12th Ave,
-Sunnyslope Associates, 1000 Cunningham Lane,and
-Wallerwood LP, 1150 Waller Street.
Low-income housing was identified as a community need through the City's 2017 strategic planning process.On January 8,2018,Council approved
Ordinance No. 29-17 to establish a property tax exemption program for low-income housing owned by nonprofits,codified under SRC Sec.2.850 to
2.910.The program is authorized by Oregon Revised Statutes(ORS)307.540-307.548.The intent of this program is to encourage low-income housing
preservation and development by lowering costs for non-profit providers of low-income housing.
If approved,the property will be exempt from City property tax for a period of up to 10 years.The owner may receive exemption from all property taxes
on the property, if they obtain the approval of applicable taxing districts that constitute 51%of the property's tax liability. Property owners must annually
certify they are in compliance with terms of Council's approval in order for the exemption to extend each year.
FACTS AND FINDINGS:
The City's program incorporates the requirements in State law,and as permitted by State law,includes certain additional requirements and guidance.
Under the City's program,to qualify for a maximum 10 year property tax exemption,the property must be:
1)owned by a nonprofit, 501(c) (3)or(4),corporation under the Internal Revenue Code(certain exceptions apply as discussed below);
2)occupied by low-income persons,or held for the purpose of developing low-income housing,and must be actually and exclusively used for
charitable purposes; and
3)maintained in a safe and habitable condition throughout the period of exemption.
The owner of the property,during the period of exemption,must maintain a capital reserve for the property of at least$100 per housing unit per month.
hfps://salem.legistar.com/LegislationDetail.aspx?ID=3339815&GUID=9D9354FB-4664-4CC9-90DE-3B4656949359&Options=&Search= 1/2
54
9/17/2019 CITY OF SALEM-File#: 18-47 Exhibit 8
Applications for this property tax exemption were received from: Page 2 Of 2
-Catholic Community Services,2579-2587 Wallace Road,
-Cornerstone Apartments Limited Partnership, Rose Garden Street,
-Four Oaks Housing, 1051-1099 23rd Street SE,
-Oakhill Associates, 3837 12th Ave,
-Salem Self Help Housing, 539 Statesman St,
-Sunnyslope Associates, 1000 Cunningham Lane,and
-Wallerwood LP, 1150 Waller Street,
The applications are included as Attachment 2.
Staff recommends denying a property tax exemption for Cornerstone Apartments, Limited Partnership.The property does not meet the eligibility
requirements established in SRC 2.870 and ORS 307.541.The owner of the property is not a nonprofit corporation as defined by state law.
For a property to be eligible for the exemption,ORS 307.541 and SRC 2.870 provide that the property must be owned by a tax exempt 503(c)(3)or(4)
corporation,or if the property is held by a partnership,as is the case for Cornerstone,the corporation must; (1)be a general partner of the partnership,
and; (2) be responsible for the day-to-day operation of the property this is the subject of the exemption.
In this case,the property is owned by Cornerstone Apartments, Limited Partnership.The general partner of the limited partnership is Cornerstone
Apartments,LLC.The sole member of the LLC is Community Resource Trust.While the Trust is a qualified 501(c)(3)corporation,it is not the general
partner of the limited partnership.The LLC is the general partner.An LLC is a separate legal entity,even if its member is the same or closely related to
another entity. Under state law,the applicant does not meet the criteria.
Staff is working with the following applicants to verify additional information relating to the minimum financial reserve criteria,and if needed
documentation is provided,staff will return to City Council with an additional recommendation for approval:
-Catholic Community Services,2579-2587 Wallace Road,and
-Salem Self Help Housing,539 Statesman Street.
Following approval of the exemptions,the property owners will need to apply annually for certification,provide documentation to support that the
property is occupied by low-income persons,and show how the exemption will benefit project residents.As the preservation of low-income housing is a
key component of the proposed program,the property must be maintained in a safe and habitable condition.
A public notification effort will be undertaken for subsequent application cycles for this program. Future application cycles will occur annually during the
summer with applications due prior to September 1 each year.
If approved by Council,the approved applicants may seek approval from other taxing districts in the area so that the subject properties may be exempt
from their entire property tax levy.
Kristin Retherford
Urban Development Director
Attachments:
1. Resolution No. 2018-10
2. 2018-19 Program Applications
https://salem.legistar.com/LegisIationDetail.aspx?ID=3339815&GUID=9D9354FB-4664-4CC9-90DE-364656949359&Options=&Search= 2/2
55
Exhibit 9
Exhibit 9
Page 1 of 5
Nonprofit Corporation Low Income Housing
307.540 Definitions for ORS 307.540 to 307.548. As used in ORS 307.540 to
307.548:
(1 ) "Governing body" means the city or county legislative body having
jurisdiction over the property for which an exemption may be applied for under
ORS 307.540 to 307.548.
(2) According to the election of a governing body pursuant to ORS 307.543
(1 ), "low income" means:
(a) Income at or below 60 percent of the area median income as determined
by the Oregon Housing Stability Council based on information from the United
States Department of Housing and Urban Development; or
(b)(A) For the initial year that persons occupy property for which an
application for exemption is filed under ORS 307.545, income at or below 60
percent of the area median income as determined by the Oregon Housing
Stability Council based on information from the United States Department of
Housing and Urban Development; and
(B) For every subsequent consecutive year that the persons occupy the
property, income at or below 80 percent of the area median income as
determined by the Oregon Housing Stability Council based on information from
the United States Department of Housing and Urban Development. [1985 c.660
§1 ; 1993 c.168 §7; 2005 c.94 §39; 2015 c.141 §1 ; 2015 c.180 §45]
Note: Section 6, chapter 660, Oregon Laws 1985, provides:
Sec. 6. ORS 307.540 to 307.548 apply to tax years beginning on or after January
1 , 1985, and before July 1 , 2027. [1985 c.660 §6; 1993 c.108 §1 ; 2003 c.215 §1 ; 2011
C.191 §1]
Note: Section 3, chapter 141 , Oregon Laws 2015, provides:
Sec. 3. (1 ) A governing body that has adopted the provisions of ORS 307.540
to 307.548 before the effective date of this 2015 Act [October 5, 2015] may, on or
after the effective date of this 2015 Act, elect a definition of "low income" under
ORS 307.540 as amended by section 1 of this 2015 Act. An election made pursuant
to this subsection applies to the first property tax year that begins on or after the
date on which the election is made.
(2) If a governing body described in this section does not make an election
under subsection (1 ) of this section, the definition of "low income" provided in ORS
307.540 as in effect immediately before the effective date of this 2015 Act shall
apply to the exemption allowed by the governing body.
(3) This section is repealed on June 30, 2027. [2015 c.141 §3]
307.541 Nonprofit corporation low income housing; criteria for exemption. (1 ).
Property is exempt from taxation as provided under ORS 307.540 to 307.548 if:
57
Exhibit 9
Page 2 of 5
(a) The property is owned or being purchased by a corporation described in
section 501 (c)(3) or (4) of the Internal Revenue Code that is exempt from income
taxation under section 501 (a) of the Internal Revenue Code;
(b) Upon liquidation, the assets of the corporation are required to be applied
first in payment of all outstanding obligations, and the balance remaining, in cash
and in kind, to be distributed to corporations exempt from taxation and operated
exclusively for religious, charitable, scientific, literary or educational purposes or
to the State of Oregon;
(c) The property is:
(A) Occupied by low income persons; or
(B) Held for the purpose of developing low income housing, for a period not
exceeding a reasonable maximum period, if any, adopted by the governing
body;
(d) The property or portion of the property receiving the exemption, if
occupied, is actually and exclusively used for the purposes described in section
501 (c)(3) or (4) of the Internal Revenue Code;
(e) The exemption has been approved as provided in ORS 307.547; and
(f) The information disclosed on the application filed pursuant to ORS 307.545
meets any other criteria adopted by the governing body.
(2) A governing body that adopts the provisions of ORS 307.540 to 307.548 may
adopt additional criteria for exemption that do not conflict with the criteria
described in subsection (1 )(a) to (e) of this section.
(3) For the purposes of subsection (1 ) of this section, a corporation that has
only a leasehold interest in property is deemed to be a purchaser of that property
if:
(a) The corporation is obligated under the terms of the lease to pay the ad
valorem taxes on the real and personal property used in this activity on that
property; or
(b) The rent payable by the corporation has been established to reflect the
savings resulting from the exemption from taxation.
(4) A partnership shall be treated the same as a corporation to which this
section applies if the corporation is:
(a) A general partner of the partnership; and
(b) Responsible for the day-to-day operation of the property that is the subject
of the exemption. [1985 c.660 §2; 1995 c.702 §2; 1997 c.752 §11 ; 2005 c.94 §40;
2015 c.310 §7]
Note: See first note under 307.540.
307.543 Exemption limited to levy of governing body adopting ORS 307.540 to
307.548; exception; additional provisions. (1 ) Except as provided in subsection (2)
of this section, the exemption granted under ORS 307.540 to 307.548 applies only
to the tax levy of a governing body that adopts the provisions of ORS 307.540 to
58
Exhibit 9
Page 3 of 5
307.548. At the time of adoption, the governing body shall elect a definition of
"low income" under ORS 307.540.
(2) The exemption granted under ORS 307.540 to 307.548 applies to the tax
levy of all taxing districts in which property certified for exemption is located if,
upon request of a governing body that has adopted the provisions of ORS 307.540
to 307.548, the rates of taxation of such taxing districts whose governing boards
agree to the policy of exemption under ORS 307.540 to 307.548, when combined
with the rate of taxation of the governing body that adopts the provisions of ORS
307.540 to 307.548, equal 51 percent or more of the total combined rate of
taxation on the property granted exemption.
(3) A governing body may adopt additional provisions relating to the
exemption granted under ORS 307.540 to 307.548 that do not conflict with the
provisions of ORS 307.540 to 307.548. [1985 c.660 §3; 2015 c.141 §2; 2015 c.310 §8]
Note: See first note under 307.540.
307.545 Application for exemption. (1 ) A corporation seeking the exemption
granted under ORS 307.540 to 307.548 must file an application for exemption with
the governing body for each assessment year the corporation wants the
exemption. The application must be filed on or before March 1 of the assessment
year for which the exemption is sought, except that when the property
designated is acquired after March 1 and before July 1 , the application for that
year must be filed within 30 days after the date of acquisition.
(2) The application must include the following information, as applicable:
(a) A description of the property for which the exemption is requested;
(b) A description of the charitable purpose of the project and whether all or a
portion of the property is being used for that purpose;
(c) A certification of income levels of low income occupants;
(d) A description of how the tax exemption will benefit project residents;
(e) A description of the development of the property if the property is being
held for future low income housing development;
(f) A declaration that the corporation has been granted exemption from
income taxation under section 501 (a) of the Internal Revenue Code as an
organization described in section 501 (c)(3) or 501 (c)(4) of the Internal Revenue
Code; and
(g) A description of how the corporation and the property, respectively, meet
any additional criteria adopted by the governing body pursuant to ORS 307.541
(2).
(3) The applicant shall verify the information in the application by oath or
affirmation. [1985 c.660 §4; 1987 c.756 § 15; 1993 c.108 §2; 1993 c.270 §25; 1997
c.541 §§133,133a; 2013 c.193 §7; 2015 c.310 §91
Note: See first note under 307.540.
59
Exhibit 9
Page 4 of 5
307.547 Determination of eligibility; notice to county assessor. (1 ) Within 30
days of the filing of an application under ORS 307.545, the governing body shall
determine whether the applicant qualifies for the exemption granted under ORS
307.540 to 307.548.
(2)(a) If the governing body determines that the applicant qualifies, the
governing body shall certify to the assessor of the county where the real property
is located, as set forth in ORS 307.512, that all or a portion of the property is exempt
from taxation under the levy of the certifying governing body.
(b) Notwithstanding paragraph (a) of this subsection, the governing body may
send the certification required under this subsection on or before the deadline
specified in ORS 307.512, or as promptly as practicable after making the
determination under subsection (1 ) of this section, whichever is later.
(3) Upon receipt of certification sent pursuant to subsection (2) of this section,
the county assessor shall exempt the property from taxation to the extent certified
by the governing body. [1985 c.660 §5; 2013 c.193 §8; 2015 c.310 § 10]
Note: See first note under 307.540.
307.548 Termination of exemption; additional taxes. (1)(a) If the governing
body that has granted an exemption under ORS 307.540 to 307.548 to property in
anticipation of future development of low income housing in connection with the
exempt property finds that the property is being used for any purpose other than
the provision of low income housing, or that any provision of ORS 307.540 to
307.548 is not being complied with, the governing body shall give notice of the
proposed termination of the exemption to the owner, by mailing the notice to the
last-known address of the owner, and to every known lender, by mailing the
notice to the last-known address of every known lender.
(b) The notice required under this subsection shall state the reasons for the
proposed termination and shall require the owner to appear at a specified time,
not less than 20 days after mailing the notice, to show cause, if any, why the
exemption should not be terminated.
(2) If the owner fails to appear and show cause why the exemption should not
be terminated, the governing body shall notify every known lender, and shall
allow any lender not less than 30 days after the date the notice of the failure to
appear and show cause is mailed to cure any noncompliance or to provide
assurance adequate to the governing body that all noncompliance will be
remedied.
(3)(a) If the owner fails to appear and show cause why the exemption should
not be terminated, and the lender fails to cure or give adequate assurance of
the cure of any noncompliance, the governing body shall adopt an ordinance
or resolution stating its findings that terminate the exemption.
(b) A copy of the ordinance or resolution required under this subsection shall
be filed within 10 days after its adoption with the county assessor, and a copy shall
60
Exhibit 9
Page 5 of 5
be sent to the owner at the owner's last-known address and to the lender at the
last-known address of the lender within 10 days after its adoption.
(4) Upon the county assessor's receipt of the governing body's termination
findings:
(a) The exemption granted the housing unit or portion under ORS 307.540 to
307.548 terminates immediately, without right of notice or appeal;
(b) The property shall be assessed and taxed as other property similarly
situated is assessed and taxed; and
(c) Notwithstanding ORS 31 1 .235, there shall be added to the general property
tax roll for the tax year next following the presentation or discovery, to be
collected and distributed in the some manner as other real property tax, an
amount equal to the difference between the taxes assessed against the property
and the taxes that would have been assessed against the property had it not
been exempt under ORS 307.540 to 307.548 for each of the years, not to exceed
the last 10 years, during which the property was exempt from taxation under ORS
307.540 to 307.548.
(5) Notwithstanding subsection (4) of this section, if at the time of presentation
or discovery, the property is no longer exempt, additional taxes may be collected
as provided in subsection (4) of this section, except that the number of years for
which the additional taxes shall be collected shall be reduced by one year for
each year that has elapsed since the year the property was last granted
exemption, beginning with the oldest year for which additional taxes are due.
(6) The assessment and tax rolls shall show potential additional tax liability for
each property granted exemption under ORS 307.540 to 307.548 because the
property is being held for future development of low income housing.
(7) Additional taxes collected under this section shall be deemed to have
been imposed in the year to which the additional taxes relate. [1997 c.752 § 14;
2013 c.193 §17]
61
COUNCIL BILL NO. 3108
ORDINANCE NO. 2575
AN ORDINANCE ADOPTING AN UPDATED TRANSPORTATION SYSTEM PLAN AND
ASSOCIATED WOODBURN COMPREHENSIVE PLAN TEXT AMENDMENTS (LA 2018-
04)
WHEREAS, ORS 197.175 requires cities to prepare, adopt and implement
Comprehensive Plans consistent with statewide planning goals adopted by the
Land Conservation and Development Commission; and
WHEREAS, Oregon Statewide Planning Goal 12 requires cities, counties
and the state to create a transportation system plan that takes into account all
relevant modes of transportation: mass transit, air, water, rail, highway, bicycle
and pedestrian; and
WHEREAS, the City applied for and received a grant from the State's
Transportation and Growth Management Program to complete an update to
the City's Transportation System Plan ("TSP") with associated Comprehensive
Plan text amendments; and
WHEREAS, on August 9, 2019, the Planning Commission in conformance
with WDO 4.01 .0913. and 4.01 .1013. held a public hearing and recommended
approval of the TSP and certain text amendments to the Comprehensive Plan;
and
WHEREAS, on September 9, 2019, the City Council held a public hearing,
reviewed the record, accepted testimony and requested this Ordinance
effecting the amendment (LA 2018-04); NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Woodburn Transportation System Plan (September 2019) is
hereby adopted as an element of the City's Comprehensive Plan as provided
in Exhibit A which is attached hereto and incorporated herein.
Section 2. The former Woodburn Transportation System Plan (October
2005) is hereby repealed and replaced.
Section 3. The Comprehensive Plan is amended as specified in Exhibit B
which is attached hereto and incorporated herein.
Page - 1 - Council Bill No. 3108
Ordinance No. 2575
62
Section 4. For purposes of the Comprehensive Plan amendment (See
Exhibit B), all new text is shown as underline (i.e. new text) and all deleted text is
shown as stricken (i.e. ddcleiedd i ). After this ordinance amendment is
adopted, the Community Development Director shall correct the
Comprehensive Plan to incorporate all revisions contained herein.
Section 5. The legislative action taken by the Ordinance is explained and
justified by the Findings and Analysis in Exhibit C which is attached hereto and
incorporated herein.
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, 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. 3108
Ordinance No. 2575
63
Exhibit A
Exhibit A
Page 1 of 102
ry m
9
9
WOODBURN
i r
{{
ryI f r h
Y
Transportation Sy,sty Plan
1I IL..... I[::::::If:::�...�...1[:::::: I1 I[::::::IIS 2019
65
Exhibit A
Page 2 of 102
66
Exhibit A
Page 3 of 102
WOODBURN
TRANSPORTATION SYSTEM
PLAN
Prepared For:
City of Woodburn
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-5246
Prepared By:
Kitt elson&Associates, Inc.
851 SW 6'h Avenue, Suite 600
Portland, OR 97204
(503) 228-5230
FINAL
September 2019
This Project is partially funded by a grant from the Transportation and Growth Management
("TGM") Program, a joint program of the Oregon Department of Transportation and the Oregon
Department of Land Conservation and Development.This TGM grant is financed, in part, by
federal Fixing America's Surface Transportation Act ("FAST Act"), local government, and the State
of Oregon funds.
The contents of this document do not necessarily reflect views or policies of the State of Oregon.
67
Exhibit A
Page 4 of 102
Acknowledgeis
The development of the Woodburn Transportation System Plan was guided by the Project
Management Team (PMT) a Technical Advisory Committee, and a volunteer Citizen Advisory
Committee (CAC). The City of Woodburn would like to thank each of these individuals who
devoted their time, expertise, and insight into the development of the plan.
Project Management Team (PM7)
• Chris Kerr, City of Woodburn
• Eric Liljequist, P.E., City of Woodburn
• Michael Duncan, ODOT
Citizens Advisory Committee (CAC)
• Dawn Cole- Estates Officer
• Mark Hester- Business Representative
• Kari Pankey- Parks Board
• Charlie Piper- Planning Commission Chairperson
• Sharon Schaub-City Councilor
• Peter Skei- Industrial Property Representative
• Sheryl Southwell- Industrial Property Representative
• Elias Villegas-Chemeketa College
• John Zobrist-Citizen
Consultant Team Members
• Matt Hughart, AICP, Kittelson & Associates, Inc.
• Molly McCormick, Kittelson &Associates, Inc.
• Julia Kuhn, P.E., Kittelson &Associates, Inc.
• Adrienne DeDona, JLA Public Involvement
• Clinton "CJ" Doxsee, Angelo Planning Group
• Darci Rudzinski, AICP, Angelo Planning Group
68
Exhibit
Pa e 5 of 102
1 11311 :1111 :" 161 1
Table of Contents
INTRODUCTION...................................................................................................................................................9
WHY CREATE ATRANSPORTATION SYSTEM PLAN?.......................................................................................................9
VV000eunm20l9 .....................................................................................................................................................9
TSPUPDATE PROCESS...............................................................................................................................................1]
TSPORGANIZATION .................................................................................................................................................14
SETTING THE VISION FOR WNOODQU8N'STRANSPORTATION SYSTEM .......................................................17
GOALS AND OBJECTIVES...........................................................................................................................................17
MOTOR VEHICLE SYSTEM ................................................................................................................................23
FUNCTIONAL CLASSIFICATION SYSTEM.......................................................................................................................2]
ROADWAYPLAN ......................................................................................................................................................29
FREIGHTPLAN...........................................................................................................................................................]7
TRAFFICSAFETY PLAN................................................................................................................................................41
LOCAL STREET CONNECTIVITY PLAN..........................................................................................................................42
TRANSITSYSTEM................................................................................................................................................47
ExiSr|mGTRANSIT SERVICE.........................................................................................................................................47
TRANSIT PLAN PROJECTS AND PROGRAMS................................................................................................................51
PEDESTRIANSYSTEM.........................................................................................................................................57
PEDESTRIAN FACILITIES...............................................................................................................................................57
PEDESTRIAN PLAN PROJECTS.....................................................................................................................................59
BICYCLESYSTEM...............................................................................................................................................71
BICYCLEFACILITIES....................................................................................................................................................71
BICYCLE PLAN PROJECTS..........................................................................................................................................7]
OTHER TRAVEL MODES.....................................................................................................................................81
TRANSPORTATION SYSTEM MANAGEMENT AND OPERATIONS (T3k»C}) PLAN............................................................81
RAILPLAN.................................................................................................................................................................85
AIRTRANSPORTATION...............................................................................................................................................85
MARINE TRANSPORTATION........................................................................................................................................85
PIPELINE....................................................................................................................................................................85
FUNDING............................................................................................................................................................89
FUNDING PROGRAMS AND REVENUE........................................................................................................................89
PLANNED TRANSPORTATION SYSTEM COST SUMMARY...............................................................................................91
GLOSSARYOFTERMS.......................................................................................................................................95
69
Exhibit A
Page 6 of 102
WOODBIJ,RN, 0TY OF WOODBURN TRANSPORTAflON SYSTEM IBL AN UPDATE
List of Tables
TABLE 1: FUNCTIONAL CLASSIFICATION COMPARISON BY JURISDICTION.......................................................................27
TABLE 2: ROADWAY PLAN PROJECTS............................................................................................................................31
TABLE 3:TRAFFIC SAFETY PROJECTS..............................................................................................................................41
TABLE4:TRANSIT PLAN..................................................................................................................................................51
TABLE 5: PEDESTRIAN PLAN PROJECTS..........................................................................................................................60
TABLE 6: BICYCLE PLAN PROJECTS................................................................................................................................73
TABLE 7:TRANSPORTATION DEMAND MANAGEMENT PROGRAM STRATEGIES...............................................................82
TABLE 8: LAND USE PROJECTS.......................................................................................................................................83
TABLE 9:ACCESS MANAGEMENT PROJECTS.................................................................................................................84
TABLE10: RAIL PROJECTS.............................................................................................................................................85
TABLE 11:CITY OF WOODBURN REVENUE HISTORY.......................................................................................................89
TABLE 12: POTENTIAL GRANT SOURCES AND PARTNERING OPPORTUNITIES...................................................................90
TABLE 13: POTENTIAL NEW FUNDING SOURCES FOR CONSIDERATION BY THE CITY OF WOODBURN..............................90
TABLE 14: PLANNED TRANSPORTATION SYSTEM COST SUMMARY...................................................................................91
70
Exhibit A
Page 7 of 102
List of Figures
FIGURE1: REGIONAL MAP............................................................................................................................................11
FIGURE 2: FUNCTIONAL ROADWAY CLASSIFICATION.....................................................................................................24
FIGURE 3: ROADWAY PLAN PROJECTS..........................................................................................................................35
FIGURE 4: FREIGHT ROUTES...........................................................................................................................................39
FIGURE 5:TRAFFIC SAFETY PROJECTS............................................................................................................................43
FIGURE 6: LOCAL STREET CONNECTIVITY.......................................................................................................................44
FIGURE 7: EXISTING TRANSIT FACILITIES..........................................................................................................................49
FIGURE H: PEDESTRIAN PLAN PROJECTS........................................................................................................................67
FIGURE 9: BICYCLE PLAN PROJECTS .............................................................................................................................77
71
Exhibit A
Page 8 of 102
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72
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Exhibit A
Page 11 of 102
INTRODUCTION
11 1Y Y CR II::::::Al"][::::: .TR INS II::.1 O IR.F .T]O IN SYS.T1:..:::: II::.)IL....
The Woodburn Transportation System Plan (TSP) is a long-range plan that sets the vision for the
city's transportation system, facilities and services to meet state, regional, and local needs for
the next 20 years. The TSP was developed through community and stakeholder input and is
based on the system's existing needs, opportunities, and anticipated available funding. The plan
also serves as the Transportation Element of the Woodburn Comprehensive Plan. The purpose of
the 2019 TSP update is to address regulatory changes that have occurred in the region since the
previous 2005 TSP, as well as to provide an updated list of projects to address local transportation
needs and deficiencies.
i
iytaryol, �: � r,
Pedestrians in Downtown Woodburn Playground Located Along the Existing
Section of Mill Creek Greenway
The TSP addresses compliance with new or amended Federal, State, and local plans policies,
and regulations including the Oregon Transportation Plan (OTP), the State's Transportation
Planning Rule (TPR), the Oregon Highway Plan (OHP), and presents the investments and priorities
for the Pedestrian, Bicycle, Transit, and Motor Vehicle System.
W001DIBLYRIN 2019
As shown in Figure 1, the City of Woodburn lies in the Willamette Valley in Marion County,
approximately 30 miles south of Portland and approximately 20 miles north of Salem. Initially
starting as land purchased for a tree nursery, construction of the railroad led to rapid
development and incorporation as a city in 1889. Further growth occurred as additional tracks
and 1-5 were constructed. Based on information from the Portland State University Population
Research Center (PRC), Woodburn has an estimated 2016 population of 24,795 people,
comprising 7.40 of Marion County's 333,950 residents. The community is known for its tourism,
local events, and young and diverse population. Big attractions include the Woodburn Premium
Outlets, several golf courses, Tulip Festival, Fiesta Mexicana, and the Woodburn Dragstrip with
over 4.5 million visitors to the area each year.
75
Exhibit A
Page 12 of 102
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76
Exhibit A
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77
Exhibit A
Page 14 of 102
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78
Exhibit A
Page 15 of 102
T'S11:::1 LJ II::.1 IDA.T.II::::::
The TSP update process began with a review of local, regional, and statewide plans and policies
that guide land use and transportation planning in the city. Goals and objectives were then
developed collaboratively with the project's Citizens Advisory Committee (CAC) to guide the
evaluation of the existing and future transportation system conditions as well as the
development of planned improvements. An inventory of the multimodal transportation system
was conducted to serve as the basis for the existing and future conditions analyses. The existing
and future condition analyses focused on identifying gaps and deficiencies in the multimodal
transportation system based on current and forecast future performances. For each gap and
deficiency, a solution, or set of potential solutions, was identified to address the system needs.
The solutions were then evaluated to determine the preferred solutions, which were prioritized
through the public involvement process and organized into planned project lists. The
culmination of the TSP update process is this document, which presents the plans and solutions
identified to address the existing and future gaps and deficiencies in the city's transportation
system.
Committees
The project team developed the TSP update in close coordination with city staff, along with
representatives from the local community. One formal committee, referred to as the Citizens
Advisory Committee (CAC), had a significant role in the TSP update process. The CAC consisted
of local residents with an interest in transportation. The CAC provided technical guidance and
coordination throughout the project. CAC members reviewed and commented on technical
memorandums and participated in committee meetings and community meetings. The CAC
served as the voice of the community and the caretakers of the goals and objectives of the TSP
update.
Public Involvement
The Woodburn TSP is the result of a collaboration among various public agencies, the
community, and the project team of city staff, Oregon Department of Transportation (ODOT),
and consultants. The public involvement process consisted of continuous face-to-face
interactions at multiple events. These events included three drop-in style and three on-line open
houses spaced over the course of key project milestones. A detailed summary of the open
house outreach methods and feedback is provided in the technical companion document to
the TSP. At the deliverable level, the project was supported by Citizens Advisory Committee
(CAC) made up of interested citizens, business representatives, and Planning Commission
members.
79
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The Woodburn TSP is comprised of the main TSP summary document (Volume 1) and a volume of
supporting technical appendices and other supporting documentation (Volume 11). Volume I
(this document) is organized into the following sections:
• Chapter 1 - Introduction
• Chapter 2-Setting The Vision for Woodburn's Transportation System
• Chapter 3-Motor Vehicle System
• Chapter 4-Transit System
• Chapter 5 - Pedestrian System
• Chapter 6- Bicycle System
• Chapter 7- Other Travel Modes
• Chapter 8- Funding and Implementation Outline
• Chapter 9-Glossary of Terms
Volume 11 (under separate cover) contains the technical memorandums prepared during the
development of the TSP including the detailed data and technical analyses that informed the
plan.
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SETTING THE VISION FOR W URN 'S
TRANSPORTATION SYSTEM
Setting a vision for a city's transportation system is an essential first step in maintaining the existing
system and establishing the framework to accommodate potential growth. The public
involvement process for the TSP provided a forum for the community to express their vision for
the future of Woodburn's transportation network. The community advisory committee and other
community members expressed a desire for a transportation system that maintains community
livability, enhances existing transportation infrastructure, increases safety for all users, and
provides a framework for potential growth.
'SOA II....S A I I
The project team developed goals and objectives for the TSP update to help guide the review
and documentation of the preferred future Woodburn transportation system. As described in
Technical Memorandum #6: Preferred Alternatives, the goals and objectives through a range of
evaluation criteria that were applied to select preferred alternatives and priority rankings among
the identified projects. In compliance with state, regional, and local planning requirements, the
goals and objective below emphasize a multimodal system that supports all modes and users.
Goal 1 - Multimodal Mobility
Provide a multimodal transportation system that avoids or reduces a reliance on one form of
transportation and minimizes energy consumption and air quality impacts.
Objective 1
Develop an expanded intracity bus transit system that provides added service and route
coverage to improve the mobility and accessibility of the transportation disadvantaged
and to attract traditional auto users to use the system.
Objective 1
Develop a plan for providing travel options between Woodburn and Portland or Salem,
including intercity bus service and potential bus/carpool park-and-ride facilities.
Objective 1
Develop a comprehensive low stress network of bicycle lanes and routes that link major
activity centers such as residential neighborhoods, schools, parks, commercial areas,
and employment centers.
83
Exhibit A
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Objective 1
Develop a comprehensive network of sidewalks and off-street pathways that improve
pedestrian mobility within neighborhoods and link residential areas to schools, parks,
commercial areas, and employment centers.
Objective 1 E
Maintain adequate intersection and roadway capacity on the key east-west and north-
south arterials.
Goal 2 - Connectivity
Provide an interconnected street system that is adequately sized to accommodate existing and
projected traffic demands in the Woodburn area.
Objective 2
Verify and Incorporate the relevant strategies and infrastructure projects from the existing
TSP, I-5/OR 214 IAMP, and 99E Refinement Plan
Objective 2
Identify new east-west and north-south collector/minor arterial streets within the City to
relieve traffic demands on Oregon 219/214, 211, and 99E, and coordinate with Marion
County to construct the street connections needed outside of the urban growth
boundary (UGB).
Objective 2
Develop updated street design standards for arterials, collectors, and local streets.
Goal 3 - Safety
Provide a transportation system that enhances the safety and security of all transportation
modes in the Woodburn area.
Objective
Address existing and potential future safety issues by identifying high collision locations
and locations near schools or with a history of fatal, severe injury, and/or
pedestrian/bicycle-related crashes and developing strategies to address those issues.
84
Exhibit A
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Objective
Identify street and railroad crossings in need of improvement, as well as those that should
be closed or relocated.
Objective
Develop a plan for designated truck routes through the City, and a plan to handle truck
and rail hazardous cargoes
Goal 4 - Strategic Investment
Provide a financially sustainable transportation system through responsible stewardship of assets
and financial resources.
Objective
Identify new and innovative funding sources for transportation improvements
Objective 4B
Preserve and maintain the existing transportation system assets to extend their useful life.
Goal 5 - Land UseTransportation Integration
Review and update land use standards and ordinances to create a balanced built environment
where existing and planned land uses are supported by an efficient multi-modal transportation
system.
Objective
Identify a range of potential Transportation Demand Management (TDM) strategies that
can be used to improve the efficiency of the transportation system by shifting single-
occupant vehicle trips to other modes and reducing automobile reliance at times of
peak traffic volumes.
Objective 5B
Identify revisions to the Woodburn Zoning Ordinance for compliance with the
Transportation Planning Rule
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MOTOR VEHICLE SYSTEM
Streets serve a majority of all trips within Woodburn across all travel modes. In addition to
motorists in private vehicles, pedestrians, bicyclists, and public transit riders use streets to access
areas locally and regionally. This section summarizes the updated functional classification
system, roadway plan, freight plan, safety plan, and local street connectivity plan that make up
Woodburn's motor vehicle system.
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A street's functional classification defines its role in the transportation system and reflects desired
operational and design characteristics such as right-of-way requirements, pavement widths,
pedestrian and bicycle features, and driveway (access) spacing standards.
Figure 2 illustrates the functional classification of streets within Woodburn, which includes the
following designations as defined by the current Woodburn TSP:
• Freeways-The primary function of the interstate is mobility, because freeways connect
major cities, regions within Oregon, and other states, and serve as major freight routes.
The freeway should provide "safe and efficient high-speed continuous flow." The
freeway has full access control with access limited to the interchange. Only motorized
vehicle traffic is served.
• Major Arterials- Primary functions are to serve local and through traffic as it enters and
leaves the urban area, connect Woodburn with other urban centers and regions, and
provide connections to major activity centers within the UGB. Emphasis should be on
traffic flow, pedestrian and bicycle movements. On-street bicycle lanes and sidewalks
should be provided.
• Minor Arterials - Primary functions are to connection major activity centers and
neighborhoods within the UGB and to support the major arterial system. Minor arterials
should have a higher degree of access, shorter trip lengths, lesser traffic volumes, and
lower travel speeds than major arterials. Like major arterials, emphasis should be on
traffic flow, pedestrian and bicycle movements. On-street bicycle lanes and sidewalks
should be provided.
• Service Collector- Primary function is to provide connections between neighborhoods
and major activity centers and the arterial street system. Some degree of access is
provided to adjacent properties,while maintaining circulation and mobility for all users.
Service collectors carry lower traffic volumes at slower speeds than major and minor
arterials. On-street bicycle lanes and sidewalks should be provided.
89
Exhibit A
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• Access Streets- Primary function is to connect residential neighborhoods with service
collectors or arterials. On-street parking and access to adjacent properties is prevalent.
Slower speeds should be provided to ensure community livability and safety for
pedestrians and cyclists. In many cases, cyclists can "Share the road" with motor
vehicles because of low traffic volumes and speeds.Sidewalks or pathways should be
provided for pedestrians.
• Local Streets- Primary function is to provide direct access to adjacent land uses.Short
roadway distances, slow speeds, and low traffic volumes characterize local streets.
Cyclists can share the road with motor vehicles. Sidewalks or pathways should be
provided for pedestrians.
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Table 1 summarizes the functional classifications of the major arterial, minor arterial, and service
collector streets within Woodburn and identifies the overlapping ownership/maintenance and
jurisdictional relationships that exist.
The functional classifications used in local TSPS should be consistent with other regional planning
efforts. As shown in Table 1, there are several streets that currently have conflicting
classifications.
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Table 1: Functional Classification Comparison by Jurisdiction
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Butteville Road County Minor Arterial Major Major No
(north of OR 219 and south of OR 219) Collector Collector
Butteville Road
ODOT Minor Arterial Minor Arterial Yes
(segment where aligned with OR 219)
OR 219(Butteville Road to Woodland ODOT Major Arterial Minor Arterial No
Avenue)
OR 219(Woodland Avenue to 1-5) ODOT Major Arterial Principal No
Arterial
Woodland Avenue City Access Street Major No
Collector
Arney Road City/Private Service Major No
Collector Collector
1-5 ODOT Freeway Interstate Yes
OR 214(1-5 to OR 99E) ODOT Major Arterial Principal Yes
Arterial
OR 214(OR 99E to UGB east limits) ODOT Major Arterial Minor Arterial No
Stacy Allison Way City Service Local No
Collector
Center Street City ServiceLocal No
Collector
Evergreen Road (OR 219 to Boean Major
City Minor Arterial No
Lane) Collector
Evergreen Road (Boean Lane to end City Minor Arterial Local No
of road)
Harvard Drive City Access Street Local No
Stubb Road County Access Street No Local No
Designation
Parr Road County/City Service Major Major No
Collector Collector Collector
Hayes Street City Service Major No
Collector Collector
Oregon Way City Access Street Major No
Collector
Astor Way City Access Street Major
No
Collector
Country Club Road City Access Street Major
No
Collector
Boones Ferry Road/Settlemier Avenue County/City Minor Arterial Arterial Minor Arterial Yes
(north of Parr Road)
Boones Ferry Road/Settlemier Avenue County/City Minor Arterial Major Minor Arterial Yes
(south of Parr Road) Collector
93
Exhibit A
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Tukwila Drive City Access Street Major No
Collector
Hazelnut Drive City Access Street Major No
Collector
5th Street City Access Street Major No
Collector
Harrison Street City Service Major No
Collector Collector
Lincoln Street County/City Service Local Major No
Collector Collector
Garfield Street City Minor Arterial Minor Arterial Yes
Young Street City Minor Arterial Minor Arterial Yes
Cleveland Street City Service Major No
Collector Collector
Front Street City Minor Arterial Minor Arterial Yes
Industrial Avenue City Service Major No
Collector Collector
Progress Way City Service Major No
Collector Collector
OR 211 ODOT Major Arterial Minor Arterial Yes
Park Avenue City Access Street Major No
Collector
Hardcastle Avenue County/City Service No Major No
Collector Designation Collector
Gatch Street City Access Street Major No
Collector
Brown Street City Service Major No
Collector Collector
OR 99E
(north of OR 214 and south of Young ODOT Major Arterial Minor Arterial No
Street)
OR 99E(segment where aligned with Principal
OR 214) ODOT Major Arterial Arterial No
Cooley Road County Service Local Major No
Collector Collector
Roadway Cross-section t
A functional classification system as shown in Figure 2 has to work together with roadway cross-
section standards to allow for standardization of key characteristics within roadway
classifications while also providing some flexibility based on context. A roadway's cross-section
and design will vary between streets and between segments based on adjacent land uses and
demands, but the overall street network should also be considered. The Woodburn
94
Exhibit A
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Development Ordinance Section 3.01.041 contains the current roadway cross-sections standards
for the city that work together with the identified functional classification system shown in Figure
2.
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Roadway Facilities
The roadway facility types that are currently utilized or that are recommended through the
roadway plan projects are described below.
Turn Lanes
Separate left-and right-turn lanes, as well as two-way left-turn lanes (TWLTL) can provide
separation between slowed or stopped vehicles waiting to turn and through vehicles. The design
of turn lanes is largely determined based on a traffic study that identifies the storage length
needed to accommodate vehicle queues. Turn lanes are commonly used at intersections where
the turning volumes warrant the need for separation.
Traffic Signals
Traffic signals allow opposing streams of traffic to proceed in an alternating pattern. National
and state guidance indicates when it is appropriate to install traffic signals at intersections. When
used, traffic signals can effectively manage high traffic volumes and provide dedicated times in
which pedestrians and cyclists can cross roadways. Because they continuously draw from a
power source and must be periodically re-timed, signals typically have higher maintenance
costs than other types of intersection control. Signals can improve safety at intersections where
signal warrants are met, however, they may result in an increase in rear-end crashes compared
to other solutions. Signals have a significant range in costs depending on the number of
approaches, how many through and turn lanes each approach has, and if it is located in an
urban or rural area. The cost of a new traffic signal ranges from approximately$250,000 in rural
areas to $500,000 in urban areas.
Signal Timing/Phasing Modifications
Signal retiming and optimization offers a relatively low-cost option to increase system efficiency.
Retiming and optimization refers to updating timing plans to better match prevailing traffic
conditions and coordinating signals. Timing optimization can be applied to existing systems or
may include upgrading signal technology, such as signal communication infrastructure, signal
controllers, or cabinets. Signal retiming can reduce travel times and be especially beneficial to
improving travel time reliability. In high pedestrian or desired pedestrian areas, signal retiming
can facilitate pedestrian movements through intersections by increasing minimum green times
to give pedestrians time to cross during each cycle, which may create additional delay for other
https://www.woodburn-or.00v/dev-planning/paae/woodburn-development-ordinance-wdo
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Exhibit A
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intersection users. Signals can also facilitate bicycle movements with the inclusion of bicycle
detectors.
Signal upgrades often come at a higher cost than signal timing and phasing modifications and
usually require further coordination between jurisdictions. However, upgrading signals provides
the opportunity to incorporate advanced signal systems to further improve the efficiency of a
transportation network. Strategies include coordinated signal operations across jurisdictions,
centralized control of traffic signals, adaptive or active signal control, and transit or freight signal
priority as further described in the Transportation System Management and Operations (TSMO)
section. These advanced signal systems can reduce delay, travel time, and the number of stops
for transit, freight, and other vehicles. In addition, these systems may help reduce vehicle
emissions and improve travel time reliability.
Roundabouts
Roundabouts are circular intersections where entering vehicles yield to vehicles already in the
circle. They are designed to slow vehicle speeds to 20 to 30 mph or less before they enter the
intersection, which promotes a more comfortable environment for pedestrians, bicyclists, and
other non-motorized users. Roundabouts have fewer conflict-points and have been shown to
reduce the severity of crashes, as compared to signalized intersections. Roundabouts can be
more costly to design and install when compared to other intersection control types, but they
have a lower operating and maintenance cost than traffic signals. Topography must be
carefully evaluated in considering a roundabout, given that slope characteristics at an
intersection may render a roundabout infeasible. The cost of a new roundabouts ranges from
approximately$2 million to$4 million depending upon the number of lanes and the slope
conditions.
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Through Lanes
When the demand per lane on a roadway segment has reached saturation, a potential solution
is to construct additional through lanes. Although this theoretically adds capacity to the corridor,
96
Exhibit A
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added lanes can allow latent demand from the system to show an increase in demand. Added
lanes may also create induced demand where drivers see that roadway as less of a barrier with
its increased capacity, drawing in additional new demand and potentially maintaining or
worsening the rate of congestion.
When a roadway does not have a consistent number of travel lanes per direction along a
corridor, an added through lane may provide a consistent cross-section allowing for less
weaving by vehicles traveling the corridor.
Roadway Plan Projects
The projects developed for the roadway plan are summarized in Table 2 and shown in Figure 3.
These projects are intended to address existing and projected future transportation system
needs for motor vehicles as well as all other modes of transportation that depend on the
roadway system for travel, such as pedestrians, bicyclists, transit users, and truck freight.
Table 2: Roadway Plan Projects
EN Noll,11111111
Southern OR
219/ButtevillerState/ Intersection Enhanced traffic control (traffic signal,
R1 Road geometric roundabout,or other appropriate geometric High $2,750,000 considerations enhancements) in coordination with ODOT
Intersection
Widen roadway to include two lanes in each
OR 219 from direction and a two-way left-turn lane (in $1,700,000
R2 Butteville Road State Street design conjunction with pedestrian and bicycle High (Cost
to Willow Road facility improvements) incoordination with includes 31
ODOT and Pl)
Widen roadway to include two lanes in each
direction and a two-way left-turn lane,
OR 214 from including changes to signal timing as $20,300,000
R3 Cascade Drive State Street design Medium
to OR 99E appropriate,in coordination with ODOT (and (Cost
in conjunction with bicycle facility includes 32)
improvements)
As identified in the Highway 99E Corridor
Plan,widen roadway to provide a
OR 99E from continuous two-way left-turn lane and wider $12,300,000
(Cost
R4 Lincoln Street to State Street design shoulders,including changes to signal timing Medium includes B3,
south UGB as appropriate,in coordination with ODOT
(and in conjunction with pedestrian and B4,P3,and
bicycle facility improvements) P4)
$01
Parr Road from Upgrade to Service Collector urban (Project
R5 western UGB to County Street design standards including bicycle and pedestrian Low includes
western City
Boundary enhancements B21 and
P1 5)
Upgrade to Minor Arterial urban standards $0
Butteville Road pg (Project
R6 from OR 219 to County Street design including bicycle and pedestrian Low includes B t
southern UGB enhancements and P6)
97
Exhibit A
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im Noll,i�
Brown Street Upgrade to Service Collector urban $0
R7 from Comstock City Street design standards including bicycle and pedestrian Low (Project
Avenue to end includes
of roadway enhancements P20
OR 214/1-5 Investigate corridor signal timing and
Southbound Traffic signal
R8 Ram State timing coordination adjustments in coordination Medium $15,000
Ramp g with ODOT
Intersection
OR 214/1-5 Investigate corridor signal timing and
Northbound Traffic signal
R9 Ram State timing coordination adjustments in coordination Medium $15,000
Ramp g with ODOT
Intersection
OR Investigate corridor signal timing and
214/Evergreen Traffic signal
R10 State coordination adjustments in coordination Medium $15,000
Road timing with ODOT
Intersection
OR 214/Oregon Investigate corridor signal timing and
Way/CountryTraffic signal
Rl 1 State coordination adjustments in coordination Medium $15,000
Club Road timing
Intersection with ODOT
Install intersection capacity improvement
OR Front such as traffic signal (if warranted),turn
R12 Streeett Ramp State Traffic control Medium $1,000,000
Intersection lanes,or roundabout in coordination with
ODOT
Install intersection capacity improvement
OR 214/1"ark such as traffic signal (if warranted),turn
R13 Street State Traffic control Medium $1,000,000
Intersection lanes,or roundabout in coordination with
ODOT
OR 214/OR Intersection-
Install a second left-turn lane on the
southbound approach,install a second
R14 211/OR 99E State geometric Medium $900,000
Intersection considerations
receiving lane on the east leg,and update
signal timing in coordination with ODOT
Parr Road/ Install intersection capacity improvement
R15 Settlemier City Traffic control such as traffic signal (if warranted),turn Low $500,000
Avenue
Intersection lanes,or roundabout
OR Intersection- Reconfigure the westbound approach to
R16 99E/Hardcastle State geometric incorporate one left-turn lane and one thru- Medium $50,000
Avenue
Intersection considerations right turn lane in coordination with ODOT
OR 99E/Lincoln Intersection-
Install a shared through-right turn lane on the
eastbound approach and reconfigure the
R17 Street State geometric existing approach lane as a separate left- Medium $500,000
Intersection considerations
turn lane in coordination with ODOT
As identified in the Highway 99E Corridor
OR 99E/Young Intersection-
Plan,install a third westbound lane to
provide separate left,thru,and right turn
R18 Street State geometric lMedium $550,000
Intersection considerations lanes in coordination with ODOT.Implement
protected-permissive left-turn phasing on the
eastbound and westbound approaches.
98
Exhibit A
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Install intersection capacity improvement
such as traffic signal (if warranted),turn
OR lanes,or roundabout in coordination with
R19 99E/Cleveland State Traffic control ODOT.Consideration should be given to Medium $1,000,000
Street
Intersection railroad preemption and the proximity to the
signalized intersection at OR 99E and Young
Street.
Extend Ben Brown Lane to Evergreen Road
R20 Ben Brown Lane City New roadway Medium $5,100,000
as an Access Street
R21 Evergreen Road City New roadway Extend south to Parr Road High $4,750,000
R22 Stacy Allison City New roadway Extend south to UGB Medium $7,300,000
R23 Brown Street City New roadway Extend south to the South Arterial Medium $800,000
R24 Woodland City New roadway Extend west to Butteville Road Medium $2,450,000
Avenue
East-west Construct a new Local Industrial Street
R25 Connection in City New roadway connecting the southern extensions of Stacy Medium $1,800,000
Southwest Allison Way and Evergreen Road
Woodburn
Stubb Road Street design Upgrade the existing roadway to Access
from Harvard Street standards and extend north to
R26 Drive to Parr County and new Harvard Drive including bicycle and Medium $1,900,000
Road roadway
pedestrian enhancements
North-south
Connection in Construct a new Access Street connecting
R27 Southwest City New roadway Hayes Street to Stubb Street Medium $5,150,000
Woodburn
ORIntersection- Evaluate the intersection layout,control,
99E/Industrial signing,and striping,including any sight
R28 State/City geometric Medium $100,000
Avenue distance constraints in coordination with
Intersection considerations ODOT
Construct the Southern Arterial from
R29 South Arterial City New roadway Medium
Evergreen Road to OR 99E(2 lanes) $12,250,000
Woodland Intersection- Modify the intersection layout to address
R30 Avenue Curve City geometric truck turning movement constraints Medium $100,000
Modification considerations
George As identified in the Highway 99E Corridor
Street/Hillsboro Intersection- Plan,close vehicular access to George
R31 Silverton State/City geometric Street from Hillsboro Silverton Highway when Medium $60,000
Highway considerations future local street access is provided to the
Intersection east
TOTAL High Priority Costs $9,200,000
TOTAL Medium Priority Costs $74,670,000
TOTAL Low Priority Costs $500,000
TOTAL Program Costs(20 years) $84,370,000
1.Project to be funded by others
2.The cost estimates presented to not include costs associated with right-of-way acquisition due to its high variability
depending on location, parcel sizes,and other characteristics.
99
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IF�RI[:::::II G 111.LT' 11=1 IL....A IN
Efficient truck movement plays a vital role in the economical movement of raw materials and
finished products. The designation of freight routes provides for this efficient movement while at
the same time maintaining neighborhood livability, public safety, and minimizing maintenance
costs of the roadway system. Per the Oregon Highway Plan (OHP), the only designated freight
route in Woodburn is 1-5. In addition, OR 214 is designated a National Network Truck Route per
ODOT TransGIS information online. Freight routes are shown on Figure 4, identifying freight routes
and freight ways throughout Woodburn that facilitate the movement of freight in the city.
National Highway System Routes
The National Highway System (NHS)is designated by the US Department of Transportation
Federal Highway Administration and includes roadways that are "important to the nation's
economy, defense, and mobility."2 Within Woodburn, 1-5 is part of the Eisenhower Interstate
System and OR 219, OR 214, and OR 99E are classified as MAP-21 NHS Principal Arterials.
2 https: www.fhwa.dot.00v/planning/national highway system/
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Urban Growth Boundary Freight Routes
Woodburn,Oregon 4
Note:Future roadway alignments are approximate and subjectto future refinement.
105
Exhibit A
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106
Exhibit A
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TISA I I II C SAIII::::::1 Y 11:=1 II.....A IN
Traffic safety has a significant impact on how people use the transportation system within
Woodburn, particularly in areas where real or perceived safety risks prevent people from using
more active travel modes, such as walking, biking, and taking transit. Table 3 identifies the traffic
safety projects that will be included in the Woodburn TSP update. Additional safety projects and
improvements are identified as part of the pedestrian, bicycle, and transit plans later in the
document, in addition to the safety-related projects already discussed in the roadway plan
previously in this section. Figure 5 illustrates the traffic safety plan projects.
Table 3:Traffic Safety Projects
Southern OR Intersection- Enhanced traffic control (traffic signal, Clin
S1 219/Butteville State/County geometric roundabout,or other appropriate High include
Road considerations geometric enhancements) if/when Rl
warranted and in coordination with ODOT
Northern ORIntersection- Enhanced traffic control (traffic signal,
S2
214/Butteville State/County geometric roundabout,or other appropriate Medium $500,000 to
Road geometric enhancements) if/when $2,000,0001
Intersection considerations
warranted and in coordination with ODOT
Front Enhanced signs and pavement markings
S3 Street/Lincoln City Intersection (e.g.stop signs,warning signs,and/or Medium $50,000
Street
Intersection beacons)
Front Evaluate the intersection layout,signing,
Street/Young Intersection- and striping in correlation to the railroad
S4 Street/Garfield City geometric tracks. Provide clarification for westbound High $100,000
Street considerations drivers trying to proceed through the
Intersection intersection
As identified in the Highway 99E Corridor
S5 OR 99E Cit Lighting Plan,update roadway lighting to meet Medium
City g g ODOT roadway lighting standards in $2,150,000
coordination with ODOT
As identified in the Highway 99E Corridor
Plan and in coordination with ODOT:
Restrict left-turn movements and eventually
close the Silverton Avenue intersection on
OR 99E and vacate the segment of
OR 99E access Silverton Avenue between OR 99E and
between Birds Eye Avenue
S6 Young Street State Intersection Medium $60,000
and Cleveland
Street Restrict left-turn movements onto Birds Eye
Avenue from Hillsboro Silverton Highway
and eventually close the Birds Eye Avenue
intersection on Hillsboro Silverton Highway
and vacate the segment of Birds Eye
Avenue between Hillsboro Silverton
Highway and Silverton Avenue
107
Exhibit A
Page 44 of 102
11111111111111111 filli
sm
Evaluate the intersection layout,signing,
Intersection- and striping in coordination with ODOT,
S7 Avenue nueTomlin State geometric including any sight distance constraints. High $100,000
Avenue
considerations Consider restricting the southbound left-
turn movement
Butteville Intersection
Modify intersection to address existing sight
S8 Road/Parr County geometric distance and geometric limitations Medium $1,000,000
Road considerations
Evaluate traffic safety along OR 99E,OR
State/ 219/OR214,Front Street, Evergreen Road,
S9 City-wide County/City Study and other key corridors to identify Low $100,000
appropriate countermeasures
Settlemier Intersection- Enhanced traffic control (traffic signal,
S10 Avenue/Hayes City geometric roundabout,or other appropriate High $ 0,0to
0
Street considerations geometric enhancements) $2,000,0001
TOTAL High Priority Costs $2,200,000
TOTAL Medium Priority Costs $5,260,000
TOTAL Low Priority Costs $100,000
TOTAL Program Costs(20 years) $7,560,000
1.A cost estimate range is provided to allow for a design project to determine the appropriate intersection control using
additional data,such as right-of-way information and surrounding environmental conditions.$500,000 is the planning-
level cost estimate if a traffic signal is determined,and$2,000,000 is the planning-level cost estimate if a roundabout is
determined.The higher cost estimate was included in all totals.
2.The cost estimates presented to not include costs associated with right-of-way acquisition due to its high variability
depending on location, parcel sizes,and other characteristics.
IL....( CIL.... ....IIS��::::::��::::::.... COIN I Il::::::r ..�.II V I�..�..Y II::.1 IL....A IN
As indicated above, the street system within Woodburn is largely built-out. Therefore, there are
limited opportunities for new arterial, Service Collector, or Access Streets. However, there are
opportunities for new local streets in select areas throughout the city that could improve access
and circulation for all travel modes.
Figure 6 illustrates the general location of the local street connections identified for the
Woodburn TSP update. Roadway alignments for each connection are not provided as they are
anticipated to be determined as part of future development. Costs are not provided for these
projects as they are anticipated to be constructed by future development. Any local street
connectivity projects that are desired to be city-initiated projects should be identified as a high
priority and included in the cost-constrained plan.
108
Exhibit A
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City Boundary
t®J Urban Growth Boundary Traffic Safety Plan Elements Figure
Woodburn,Oregon 5
Note:Future roadway alignments are approximate and subject to further refinement.
109
Exhibit A
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Woodburn,Oregon 6
Note:Future roadway alignments are approximate and subject to further refinement.
110
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MINE I'M
Exhibit A
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112
Exhibit A
Page 49 of 102
TRANSIT SYSTEM
Public transportation can provide important connections to destinations for people that do not
drive or bike and can provide an additional option for all transportation system users. Transit
complements walking, bicycling, or driving trips: users can walk to and from transit stops and
their homes, shopping or work places, people can drive to park-and-ride locations to access a
bus, or people can bring their bikes on transit vehicles and bicycle from a transit stop to their
final destination.
ING .TRA I &11" Sl�:::::R V II C II::::::
The transit system within Woodburn consists of fixed-route and paratransit services as well as
school and shuttle bus service.
Fixed-RoutFixed-Route Service
Public transportation in Woodburn today is provided by Woodburn Transit Service, Cherriots
Regional, and Canby Area Transit, as described below. Figure 7 shows the existing transit
facilities.
Woodburn Transit Service
Woodburn Transit Service operates a fixed-route bus line in Woodburn, providing connections
throughout town as shown in Figure 7. As shown, fixed-route transit service is provided along the
major east-west corridors linking neighborhoods to all major retail and commercial areas. The
route also connects to the Woodburn Memorial Transit Facility located off of OR 214. Service is
provided from 7:00 AM to 7:00 PM at approximately 1-hour headways.
Cherriots Regional
Cherriots Regional operates the IOX Woodburn/Salem Express bus line that provides weekday
service between Salem and Woodburn along the 99E corridor. Stops are located along Front
Street, OR 214, Settlemier Avenue and Downtown Woodburn. Cherriots Regional also operates
the 20X N. Marion Co./Salem Express bus line that provides weekday services between Salem,
Silverton, and Woodburn. Stops are located along OR 214 and 99E. The service operates
Monday- Friday from 7:30 AM -7:00 PM with 2 to 2.5 hour headways.
Canby Area Transit
Canby Area Transit (CAT) operates the Route 99 bus line which provides daily bus service
between Woodburn and Canby along the 99E corridor. The Woodburn stop is located near the
99E/OR 214 intersection. The service operates Monday- Friday from 6:30 AM-8:00 PM with
headways that range from 1 to 2.5 hours.
113
Exhibit A
Page 50 of 102
Dial-A-Ride Service
Woodburn provides Dial-A-Ride service for people with disabilities and the elderly living within
Woodburn who are not able to utilize the fixed route bus. The service operates Monday- Friday
from 7:00 AM - 7:00 PM and utilizes a fully accessible van. The van provides door to door service
for any purpose to any location within the Woodburn City limits.
The Dial-A-Ride program also arranges for volunteer drivers to take elderly Woodburn residents
and those with disabilities to medical appointments in all areas between Portland and Salem.
Requests for service must be made at least one day in advance.
Other rvi
Greyhound
The Greyhound bus service provides a regional transportation option, with buses to Portland
from Woodburn three times per day. The station is located on Front Street and is open from 9
a.m. to 8 p.m. everyday.
Park-and-Rides
The Woodburn Memorial Transit Facility (Park& Ride) is located off of Evergreen Road north of OR
214. Woodburn Transit Service regularly stops at the park & ride facility. The Cascades POINT bus
service, operated by MTR Western in partnership with ODOT, makes 2 daily northbound stops
and 2 daily southbound stops at the new transit facility. Riders can buy tickets to go as far as
Eugene to the south, and Portland to the north. Schedule and ticket information is available at
the website and the Amtrak Cascades site.
Ai
r r aI
J)i
I� %G/
Woodburn Memorial Transit Center Bus
114
Exhibit A
TSP Up— Page 51 of 101--,
r
Eras'
WC�C3�' BURN T
't� +spora�o�Sy upd,tc �.® �� I - w. \ f ___
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7/__
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& • Canby Area Transit(CAT)Stops ? -- ——+ �
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..Cherriots Tranist Routes 1
_ 0 1,000 2,OC6 3,000 eet
Park N'Ride Lots
City Boundary
_1 Existing Transit Routes and Facilities Figure
I®J Urban Growth Boundary Woodburn,Oregon 7
115
Exhibit A
Page 52 of 102
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116
Exhibit A
Page 53 of 102
T'IR IN S II.T. II::.1 II.....AIN II::.1 IR T::::::.C"T' I I 1:::1RO&RAMS
S
Public transit service within Woodburn is provided by Woodburn Transit Service, supplemented
by regional service provided by Cherriots Regional and Canby Area Transit. In addition to
coordinating as needed with local and regional transit agencies to help implement their
planned service enhancements, the City of Woodburn can support improved transit service by
providing easy and safe walking and bicycling connections between key roadways,
neighborhoods, and local destinations; by providing amenities, such as shelters and benches, at
transit stops; by encouraging an appropriate mix and density of uses that support public transit;
and by providing and planning for park-and-ride locations. Table 4 summarizes the transit plan
identified for Woodburn.
Table 4:Transit Plan
Coordinate with Woodburn Transit to deliver service i7
enhancements funded through the STIF:
Woodburn Woodburn
Tl Medium $5,000
Fleet Transit/City Purchase of Category B and C vehicles(1 each)for use in
the City's expanded transit services. (100%funding level
2020-21)
Coordinate with Woodburn Transit to deliver service
enhancements funded through the STIF:
Woodburn Woodburn
T2 Fleet Transit/City Purchase a Category B vehicle that will replace the second Medium $5,000
oldest full-size vehicle in the WTS fleet;will be used for the
City's existing local fixed route circulator. (130%funding level
2021)
Coordinate with Woodburn Transit to deliver service
enhancements funded through the STIF:
Woodburn Woodburn
T3 Fixed Route Transit/City Addition of weekend service for Woodburn Transit Service Medium $5,000
fixed route and paratransit services(Sat.9am-5pm,
Sun.9am-3pm) by up to 2,156 revenue hours(FY20-21).
(100%funding level 2020-21)
Coordinate with Woodburn Transit to deliver service
enhancements funded through the STIF:
Woodburn Woodburn Modify the existing 60-minute fixed route loop;add an
T4 Medium $5,000
Fixed Route Transit/City additional 30-minute route that will serve high frequency
stops on weekdays(7am-7pm)within the Woodburn city
limits.Total additional service will be up to 6,192 revenue
hours(FY20-21). (100%funding level 2020-21)
Coordinate with Woodburn Transit to deliver service
enhancements funded through the STIF:
Woodburn Woodburn Modify the existing 60-min.fixed route by adding a new 30
T5 Fixed Route Transit/City min.route that serves high frequency stops(up to 1,456 Medium $5,000
revenue hours);this service will operate Saturdays (9am-
5pm) and Sundays(9am-3pm).Also includes Dial-a-Ride
(DAR) service. (130%funding level 2020-21)
117
Exhibit A
Page 54 of 102
Woodburn Woodburn
T6 Fixed Route Transit Increase frequency of existing route to 30 minutes Medium $0'
Woodburn Woodburn
T7 Fixed Route Transit Convert existing route to two-way operations Medium $0'
Work with Woodburn Transit as growth occurs to provide
new or re-routed service to other areas of Woodburn
including:
• Parr Road via an extension of Evergreen Road
• Crosby Road
Woodburn Butteville Road
T8 City-wide Transit/City The employment center southwest of the I-5/OR Medium $5,000
214 interchange
• Woodburn Industrial Park along the Progress Way
and Industrial Avenue corridors
• Gateway subarea between Front Street and Mill
Creek
• Neighborhoods in southeast Woodburn
Coordinate with Woodburn Transit to establish a free shuttle
Woodburn Woodburn between the Woodburn Company Stores and Downtown
T9 Company Transit/City Woodburn,hourly during peak shopping and entertainment Medium $5,000
Stores hours
Woodburn Coordinate with Woodburn Transit and major employers to
T10 City-wide Transit/City establish a peak-only employer shuttle Medium $5,000
Coordinate with Cherriots to deliver service enhancements
funded through the STIF:
Urban and
Rural Cherriots Expand service for up to 7,557 revenue hours on urban&
T11 Cherriots/City Medium $5,000
Regional rural Regional services.Includes startup costs for hiring new
Services employees,and coordination of schedules with connecting
services.Also establishes a Youth fare category(ages 6-
18).(100%funding level 2020-21)
Coordinate with Cherriots to deliver service enhancements
funded through the STIF:
Keizer to Establish one new Regional route from Keizer to Wilsonville
T12 Cherriots/City Medium $5,000
Wilsonville with a stop at the Woodburn Memorial Park and Ride.
Increase service on weekdays by 30 percent on urban&
rural Regional services by up to 5,245 revenue hours. (130%
funding level 2020-21)
Coordinate with Cherriots to deliver service enhancements
Urban and funded through the STIF:
Rural Cherriots
T13 Regional Cherriots/City Add Saturday service to urban&rural Cherriots Regional Medium $5,000
services with up to 3,919 revenue hours of new service
Services
(FY20-21). Includes coordination of schedules with other
connecting services. (100%funding level 2020-21)
118
Exhibit A
Page 55 of 102
Coordinate with Cherriots to deliver service enhancements 01
funded through the STIF:
Urban and
Rural Cherriots Add 30 percent more Saturday service to urban&rural
Tl 4 Cherriots/City Regional Regional services by up to 215 revenue hours(FY20-21). In Medium $5,000
Services FY21,adds 6 holidays to the same routes.Includes
coordination of schedules with connecting services. (130%
funding level 2020-21)
Woodburn
Coordinate transfers between the different agency services
T15 City-wide Transit/ Medium $5,000
Cherriots/City in Woodburn
Coordinate with Cherriots to provide a stop in Woodburn for
T16 Woodburn Cherriots/City SMART Route 1X,providing service to WES station in Medium $5,000
Wilsonville and downtown Salem
Coordinate with Cherriots to consider further new service
connections for Woodburn including:
Woodburn to 0 Service to Portland-connect to TriMet via the
T17 Portland Cherriots/City Tualatin Park-and-Ride,directly into downtown Medium $5,000
Portland, or the MAX Orange Line light rail service.
• Demand-responsive service to Hubbard one day
per week
Woodburn Evaluate all bus stops to verify static bus route information
T18 City-wide Transit/ signage is visible and accessible and that bike racks are Medium $25,000
Cherriots available at major bus stops
T19 Stop 755016: Woodburn New shelter Low $5,000
Walmart Transit
T20 Stop 20419: Woodburn New shelter Low $5,000
Garfield Street Transit
Woodburn Investigate transferring the paratransit system to a local
T21 City-wide Low $5,000
Transit social service agency
TOTAL High Priority Costs $0
TOTAL Medium Priority Costs $100,000
TOTAL Low Priority Costs $15,000
TOTAL Program Costs(20 years) $115,000
1.Project to be funded by others.
119
Exhibit A
Page 56 of 102
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120
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Exhibit A
Page 58 of 102
This page intentionally left blank
122
Exhibit A
Page 59 of 102
PEDESTRIAN SYSTEM
Woodburn's pedestrian system consists of sidewalks, pedestrian crossings, and multi-use paths. A
majority of city streets currently have sidewalks on at least one side of the roadway. The
pedestrian plan includes several projects to construct new sidewalks where they are lacking and
to fill in the gaps in the existing sidewalks along the city's streets. Although many of the
pedestrian projects are located on Service Collector streets or higher, a few local street
pedestrian projects are included to provide access to essential destinations such as schools,
parks, churches, and other land uses. The pedestrian plan also includes several enhanced
pedestrian crossings, multi-use paths, and accessways that support the pedestrian system.
J:::) I S'TRAIN FA C II IL....II II
This section summarizes the facility types integrated into the pedestrian plan, addressing gaps
and deficiencies identified in the existing system and forecast as part of future needs.
Sidewalks
Sidewalks are the fundamental building blocks of the pedestrian system. They enable people to
walk comfortably, conveniently, and safely from place to place. They also provide an important
means of mobility for people with disabilities, families with strollers, and others who may not be
able to travel on an unimproved roadside surface. Sidewalks are usually 6 to 8-feet wide and
constructed from concrete. They are also frequently separated from the roadway by a curb,
landscaping, and/or on-street parking. Sidewalks are widely used in urban and suburban
settings. Ideally, sidewalks could be provided along both sides of the roadway; however, some
areas with physical or right-of-way constraints may require that sidewalk be located on only one
side. Sidewalk solutions include:
• Fill in the gaps
• Install sidewalks on one-side of the roadway
• Install sidewalks on both sides of the roadway
• Re-construct existing sidewalks with appropriate width and buffer
• Improve existing sidewalks with appropriate lighting
Accessways
Non-vehicular connections between cul-de-sacs and adjacent roadways can significantly
reduce travel distances for pedestrians, thereby encouraging more people to walk. Woodburn
has a few existing accessways that create connections between neighborhoods and pedestrian
and bicycle routes. Potential new connections could use existing City right-of-way between cul-
de-sacs or unconnected roadways to provide a paved path, unpaved path, or trail for non-
motorized use.
123
Exhibit A
Page 60 of 102
N
w
M ,
r
a
/� uuuoiiii�ymiiuui°9VVV V VVVVV VV
//DO����a/"%/////�
t ��� uuuuuuuuuu uu
a i
Sidewalk Gap Sidewalk Improvements
Multi-use t s and Trails
Multi-use paths are paved, bi-directional trails that can serve both pedestrians and bicyclists.
Multi-use paths and trails can be constructed adjacent to roadways where the topography,
right-of-way, or other issues don't allow for the construction of sidewalks and bike facilities. A
minimum width of 10 feet is recommended for low-pedestrian/bicycle-traffic contexts; 12 to 20
feet should be considered in areas with moderate to high levels of bicycle and pedestrian
traffic. Multi-use paths can be used to create longer-distance links within and between
communities. They play an integral role in recreation, commuting, and accessibility due to their
appeal to users of all ages and skill levels.
Itlli VI
Accessways
Multi-use Paths and Trails
124
Exhibit A
Page 61 of 102
Enhanced Pedestrian Crossings
Pedestrian crossing facilities enable pedestrians to safely cross streets, railroad tracks, and other
transportation facilities. Planning for appropriate pedestrian crossings requires the community to
balance vehicular mobility needs with providing crossing locations for desired routes of walkers.
Enhanced pedestrian crossing treatments include:
• Median refuge islands Curb extensions
• High visibility pavement markings and Pedestrian signals
signs Pedestrian countdown
• Rapid rectangular flashing beacons heads
(RRFB) Leading Pedestrian
• Pedestrian Hybrid Beacons interval
Many of the treatments listed above can be applied together at one crossing location to further
alert drivers of the presence of pedestrians in the roadway. See Attachment "A" for a detailed
description of enhanced pedestrian crossing treatments.
1, ,p,
l ri fill��
Enhanced Pedestrian Crossing with RRFBs Enhanced Pedestrian Crossing with Pedestrian
Signal
J:::) ID :S T'IR IIA IN II::.)IL....A IN II::.)
Table 5 identifies the pedestrian plan projects for the Woodburn TSP update. As shown, the
projects are separated into projects based on roadway classification, as well as projects at
intersections and in other locations throughout the city.The priorities shown in Table 5 are based
on the project evaluation criteria as well as input from the project team and the general public.
The cost estimates are based on average unit costs for roadway improvements. Table 8
illustrates the location of the pedestrian plan projects.
125
Exhibit A
Page 62 of 102
Table 5: Pedestrian Plan Projects
im
Major Arterials
OR 219 from Cost
Pi Butteville Road State New sidewalks Install new sidewalks in coordination with Medium included in
to Willow ODOT R22
Avenue
OR 99E from Cost
Lincoln Street to Remove existing sidewalks and install new
P2 State New sidewalks Medium included in
southern City sidewalks in coordination with ODOT R42
Boundary
OR 99E from Cost
P3 southern City State New sidewalks Install new sidewalks in coordination with Low included in
Boundary to ODOT
southern UGB R42
Minor Arterials
Butteville
Road/OR 219 Install new sidewalks in coordination with
P4 from northern State/County New sidewalks ODOT Medium $1,500,000
UGB to OR 219
Butteville Road Cost
P5 from OR 219 to County New sidewalks Install new sidewalks Medium included in
southern UGB R62
Evergreen Road
P6 from Stacy City Sidewalks-Fill Fill in the gaps High $200,000
Allison Way to in gaps
Boean Lane
Boones Ferry
P7 Road from County/City New sidewalks Install new sidewalks on one side Medium $150,000
northern UGB to
Hazelnut Drive
Install new sidewalks on one side.This
Settlemier project improves safe routes to school for
P8 Avenue from City New sidewalks Nellie Muir Elementary School,Heritage High $300,000
Oak Street to
Parr Road Elementary School,and Valor Middle
School
Boones Ferry Install new sidewalks.This project improves
Road from Parr safe routes to school for Heritage
P9 Road to County/City New sidewalks Elementary School and Valor Middle High $800,000
southern UGB School
Front Street from Install new sidewalks on one side.This
P10 northern UGB to City New sidewalks project improves safe routes to school for High $400,000
Hazelnut Drive Woodburn High School
P11 Young Street City Sidewalks-Fill Fill in the gaps Medium $200,000
in gaps
OR 211 from OR Install new sidewalks in coordination with
P12 99E to eastern State New sidewalks ODOT Medium $500,000
UGB
126
Exhibit A
Page 63 of 102
OPINION
wpm
Service Collectors
Hayes Street
from Harvard Sidewalks-Fill Fill in the gaps.This project improves safe
P13 Drive to City in gaps routes to school for Nellie Muir Elementary High $600,000
Settlemier gpSchool
Avenue
Parr Road from Install new sidewalks.This project improves
safe routes to school for Heritage Cost
P14 western UGB to County New sidewalks g High included in
western City Elementary School and Valor Middle R52
Boundary School
Lincoln Street Sidewalks-Fill Fill in the gaps.This project improves safe
P15 from Cascade City routes to school for Washington High $450,000
Drive to OR 99E in gaps Elementary School
Industrial
P16 Avenue from City New sidewalks Install new sidewalks Medium $500,000
Progress Way to
OR 99E
Progress Way
P17 from Industrial City New sidewalks Install new sidewalks Medium $850,000
Avenue to OR
214
Hardcastle Fill in the gaps.This project improves safe
Avenue from Sidewalks-Fill
P18 Front Street to City in gaps routes to school for Washington High $450,000
Cooley Road Elementary School
Brown Street Cost
P19 from Cleveland City Sidewalks-Fill Fill in the gaps Medium included in
Street to end of in gaps R72
roadway
Cooley Road
from OR 211 to Sidewalks-Fill
P20 County Fill in the gaps Medium $650,000
Hardcastle in gaps
Avenue
Access Streets
Woodland
P21 Avenue from City New sidewalks Install new sidewalks on one side Medium $250,000
Jory Street to
Arney Road
Stubb Road Cost
P22 from Harvard County New sidewalks Install new sidewalks Medium included in
Drive to Parr
Road R262
Oregon Way
P23 from Country City New sidewalks Install new sidewalks Medium $250,000
Club Road to
OR 214
Hazelnut Drive Fill in the gaps.This project improves safe
from Graystone Sidewalks-Fill
P24 City routes to school for Woodburn High High $150,000
Drive to Front in gaps
Street
School
127
Exhibit A
Page 64 of 102
pill 111111 1111 111 11 111 111�1 III 111 11 1 1111 1 gi 1111111 A 111111iiiiiiiii I III
„w� m
Gatch Street Fill in the gaps.This project improves safe
from Hardcastle Sidewalks-Fill
P25 Road to City in gaps routes to school for Washington High $350,000
g p Elementary School
Cleveland Street
Park Avenue Install new sidewalks on one side.This
P26 from Hardcastle City New sidewalks project improves safe routes to school for High $65,000
Avenue to
Lincoln Street Washington Elementary School
Local Streets
Willow Avenue
P27 from McNaught City New sidewalks Install new sidewalks on both sides Medium $350,000
Road to OR 219
Cascade Drive Install new sidewalks.This project improves
P28 from OR 214 to City New sidewalks safe routes to school for Nellie Muir High $400,000
Hayes Street Elementary School
Ben Brown Lane
from end of Sidewalks-Fill
P29 roadway to City in gaps Fill in the gaps Medium $200,000
Boones Ferry
Road
Oak Street from
P30 Boones Ferry City New sidewalks Install new sidewalks on one side Medium $150,000
Road to Front
Street
Ogle Street from
P31 Cleveland Street City New sidewalks Install new sidewalks on one side Medium $900,000
to Boones Ferry
Road
Pedestrian Crossing Enhancements
Front Enhanced Construct ADA-compliant ramps and
P32 Street/Young City sidewalks on the east leg of the Medium $15,000
Street crossing intersection
Construct ADA-compliant ramps and
Front Enhanced sidewalks on the east leg of the
P33 Street/Lincoln City crossing intersection.This project improves safe High $15,000
Street
routes to school for St Luke's School
Cascade Enhanced Install an enhanced pedestrian crossing.
P34 Drive/Hayes City This project improves safe routes to school High $65,000
Street crossing for Nellie Muir Elementary School
Park Enhanced Install an enhanced pedestrian crossing.
P35 Avenue/Legion City This project improves access to Legion Medium $65,000
Park Driveway crossing Park
Hazelnut Drive/ Install an enhanced pedestrian crossing.
Broadmoor Enhanced
P36 Place City crossing This project improves safe routes to school High $65,000
Accessway for Woodburn High School
128
Exhibit A
Page 65 of 102
pill 111111 1111 111 11 111 111�1 III 111 11 1 1111 1 1111111111 1111111111111111111
„w� m
As identified in the Woodburn OR 214/OR
99E Pedestrian Safety Study,update the
existing crossing to an enhanced
Enhanced pedestrian crossing with a pedestrian
Bulldog D
P37 OR 21 g Drive crossing State/City hybrid beacon coordinated with the High $150,000
surrounding traffic signals in coordination
with ODOT.This project improves safe
routes to school for Woodburn High
School
As identified in the Highway 99E Corridor
Plan,install countdown pedestrian timers
Enhanced and construct ADA enhancements at key
OR 99E from OR crossing signalized intersections along OR 99E in
P38 214 to Young State/City Signalized coordination with ODOT,including: Medium $605,000
Streetintersection 0OR 214/OR 211
• Hardcastle Avenue
• Lincoln Road
• Young Street
As identified in the Highway 99E Corridor
Plan,install curb extensions on minor street
legs of intersections(curb extensions to
shorten pedestrian crossing distances
parallel to OR 99E,not for crossing of OR
99E) between Arlington Street and
OR 99E from OR Enhanced Cleveland Street(up to 8 locations) in
P39 214 to Young State/City coordination with ODOT.Potential Medium $950,000
Street crossing locations include:
• Alexandria Avenue
• James Street
• Williams Street
• Blaine Street
• Aztec Drive
• Laurel Avenue
• Tomlin Avenue
As identified in the Woodburn OR 214/OR
99E Pedestrian Safety Study,install an
Enhanced enhanced pedestrian crossing in
WilliamsP40 OR a Street E, north of State/City crossing coordination with ODOT,that may include High $75,000
raised median refuge island,sidewalk infill,
supplemental street lighting,and a
potential RRFB (RRFB cost not included).
As identified in the Woodburn OR 214/OR
OR 99E, 99E Pedestrian Safety Study,install an
between NE Enhanced enhanced pedestrian crossing in
P41 Laurel Avenue State/City coordination with ODOT,that may include High $75,000
and Tomlin crossing raised median refuge island,sidewalk infill,
Avenue supplemental street lighting,and a
potential RRFB (RRFB cost not included).
129
Exhibit A
Page 66 of 102
pill 111111 1111 111 11 111 111�1 III 111 11 1 1111 1 1111111111 11 111111H11111111 I III
„w� m
As identified in the Woodburn OR 214/OR
99E Pedestrian Safety Study,install an
OR 99E, enhanced pedestrian crossing in
between Blaine Enhanced
P42 Street and Aztec State/City crossing coordination with ODOT,that may include High $75,000
Drive raised median refuge island,sidewalk infill,
supplemental street lighting,and a
potential RRFB (RRFB cost not included).
As identified in the Woodburn OR 214/OR
99E Pedestrian Safety Study,install an
OR 99E, north of Enhanced enhanced pedestrian crossing in
P43 Mount Jefferson State/City crossing coordination with ODOT,that may include Medium $75,000
Avenue raised median refuge island,sidewalk infill,
supplemental street lighting,and a
potential RRFB (RRFB cost not included).
As identified in the Woodburn OR 214/OR
99E Pedestrian Safety Study,install an
OR 99E, north of Enhanced enhanced pedestrian crossing in
P44 James Street State/City crossing coordination with ODOT,that may include Medium $75,000
raised median refuge island,sidewalk infill,
supplemental street lighting,and a
potential RRFB (RRFB cost not included).
Boones Ferry
Road/ Enhanced Install an enhanced pedestrian crossing.
P45 Constitution City This project improves safe routes to school High $65,000
Avenue/Tukwila crossing for Woodburn High School
Drive
Multi-use Pathways
As identified in the Mill Creek Greenway
Master Plan,construct a multi-use path
including at-grade mid-block crossing
treatments at the following street
connections:
• Hazelnut Drive
• Bulldog Drive (east crossing)
Mill Creek Multi-use OR 214 state highway)
High $2,000,000
P46 Greenway City pathway 0 Hardcastle Avenue
• Lincoln Street
• Young Street
• Cleveland Street and railroad
tracks
This project improves safe routes to school
for Woodburn High School
130
Exhibit A
Page 67 of 102
pill 111111 1111 111 11 111 111�1 III 111 11 1 1111 1 1111111111 11 111111H11111111 I III
„w� m
As identified in the Mill Creek Greenway
Master Plan,construct a multi-use path
including at-grade mid-block crossing
treatments at the following street
connections:
Mill Creek • Bulldog Drive (west crossing)
Greenway- Multi-use
P47 Northern City pathway Meridian Drive Medium $700,000
tributary Boones Ferry Road
This project improves safe routes to school
for Woodburn High School, Lincoln
Elementary School,and French Prairie
Middle School
As identified in the Mill Creek Greenway
Master Plan,construct a multi-use path
including at-grade mid-block crossing
treatments at the following street
Mill Creek connections:
Greenway- Multi-use 0Parr Road
P48 Western City pathway Ben Brown Lane Medium $900,000
tributary Settlemier Avenue
• Front Street and railroad tracks
This project improves safe routes to school
for Heritage Elementary School and Valor
Middle School
Evergreen Road Multi-use
Construct a multi-use path extending from
P49 Multi-Use Path City pathway Evergreen Road south to planned Mill Medium $150,000
Creek Greenway
As identified in the Mill Creek Greenway
Master Plan,construct a north-south multi-
Washington use path connection between Hardcastle
Elementary Multi-use
P50 School Multi-Use City pathway Avenue and Lincoln Street,west of Medium $90,000
Path Washington Elementary School.This
project improves safe routes to school for
Washington Elementary School
Mill Creek As identified in the Highway 99E Corridor
Greenway Multi-use Plan,construct extension of Mill Creek
P51 Southern City pathway Greenway multi-use path to Belle Passi Medium $90,000
extension Road
Construct a connection between the
Evergreen Road Multi-use Evergreen Road multi-use path and
P52 Pedestrian City pathway pedestrian facilities that are part of future Medium $20,000
Connection
development to the south
Construct a connection between the
Centennial Park Multi-use Centennial Park multi-use path and
P53 Pedestrian City pathway pedestrian facilities that are part of future Medium $20,000
Connection
development to the west
Santiam Drive Multi-use Construct a connection between Santiam
P54 Pedestrian City pathway Drive and pedestrian facilities that are Medium $20,000
Connection part of future development to the south
131
Exhibit A
Page 68 of 102
pill 111111 1111 111 11 111 111�1 III 111 11 1 1111 1 11111111 11 111111HI111111 I III
„w� m
As identified in the Highway 99E Corridor
Plan and in coordination with ODOT,install
June WayMulti-use a new accessway to OR 99E(near the
P55 Accessway State/City pathway Audrey Way intersection),may not Low $80,000
connect directly as it runs parallel to OR
99E
Johnson Street Multi-use
As identified in the Highway 99E Corridor
P56 Accessway State/City pathway Plan and in coordination with ODOT,install Low $45,000
a new accessway to OR 99E
As identified in the Highway 99E Corridor
Elm Street Multi-use
Plan and in coordination with ODOT,install
P57 Accessway State/City pathway a new accessway to OR 99E,may not Low $25,000
connect directly as it runs parallel to OR
99E
Wilson Street Multi-use
As identified in the Highway 99E Corridor
P58 Accessway State/City pathway Plan and in coordination with ODOT,install Low $55,000
a new accessway to OR 99E
As identified in the Highway 99E Corridor
Plan and in coordination with ODOT,install
Hawley Street Multi-use a new accessway to OR 99E(possibly part
P59 Accessway State/City pathway of future street extension),may not Low $55,000
connect directly as it runs parallel to OR
99E
A Street Multi-use Install a new accessway that connects A
P60 Accessway City pathway Street north to Cleveland Street and/or Low $25,000
Mill Creek Greenway(western tributary).
Greenview Drive Multi-use Construct a multi-use path extending from
P61 Multi-use Path City pathway Greenview Drive west to OR 99E Low $70,000
Provide wayfinding to bike routes,multi-
P621 City-wide City Wayfinding use paths,parks,schools,and other Medium $30,000
essential destinations
TOTAL High Priority Costs $6,750,000
TOTAL Medium Priority Costs $10,300,000
TOTAL Low Priority Costs $355,000
TOTAL Program Costs(20 years) $17,405,000
1.Project not shown on Pedestrian Plan Map
2.Cost estimates are not included for projects that would be completed as part of a roadway project,such as locations
where roadway widening will relocate the curb and require new sidewalks to be installed.The cost for these projects is
included in the corresponding roadway projects described later in the memo.
3. The cost estimates presented to not include costs associated with right-of-way acquisition due
to its high variability depending on location, parcel sizes, and other characteristics.
132
Exhibit A
woodnun,TSP Update Page 69 of 101—me
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WOODBURN
E
'Ir +spora or Sy u2 III,—Ylpdnre Z/__
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—New Mutli-use Pathway
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....Enhanced Crossing Corridor
-------New Sidewalks —————————
Sidewalks-Fill in Gaps I
Street Lighting j '•S 0
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Future Roadway(See Roadway Plan
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-- for associated pedesVian — �0 1,q00 2,000 3,000 Feet
enhancements) s4
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City Boundary
9
I®J Urban Growth Boundary Pedestrian Plan Elements Fi ure
Woodburn,Oregon $
Note:Future roadway alignments are approximate and subject to further refinement.
133
Exhibit A
Page 70 of 102
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134
hibit A
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Page 72 of 102
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136
Exhibit A
Page 73 of 102
BICYCLE SYSTEM
Woodburn's bicycle system consists of on-street bike lanes and other bicycle provided on a few
roadways within the city. The bicycle plan includes several projects along the city's Major and
Minor Arterial and Service Collector streets for connectivity throughout the city. The bicycle plan
also includes projects on access and local street that provide direct access to essential
destinations.
NI C Y C II FACHI IL....II II l�::::
Alternative t
Designate an alternative route along a parallel street that provides a more comfortable
environment for cyclists with the same level of connectivity. The alternative route could be
identified by wayfinding signs, which could also be used to identify essential destinations that
can be reached by the route. The alternative route may provide shared-lane pavement
markings and signs, on-street bike lanes, or other bicycle facilities.
Shared Lane Pavement Markings and Signs
Shared-lane pavement markings (often called "sharrows") are not a bicycle facility, but a tool
designed to help accommodate bicyclists on roadways where bike lanes are desirable but
infeasible to construct. Sharrows indicate a shared roadway space for cyclists and motorists and
are typically centered in the travel lane or approximately four feet from the edge of the
travelway. Sharrows are suitable on roadways with relatively low travel speeds (<35 mph) and
low ADT (<3,000 ADT); however, they may also be used to transition between discontinuous
bicycle facilities. Sharrows could be applied along a variety of streets within Woodburn where
room for on-street bike lanes is limited.
On-Street i lanes
On-street bike lanes are striped lanes on the roadway dedicated for the exclusive use of cyclists.
Bike lanes are typically placed at the outer edge of pavement (but to the inside of right-turn
lanes and/or on-street parking). Bicycle lanes can improve safety and security of cyclists and (if
comprehensive) can provide direct connections between origins and destinations. On-street
bike lanes could be applied along a variety of streets within Woodburn where space allows.
Separated i Facilities
Separated bike facilities include buffered bike lanes and separated bike lanes, or cycle tracks.
Buffered bike lanes are on-street bike lanes that include an additional striped buffer of typically
2-3 feet between the bicycle lane and the vehicle travel lane and/or between the bicycle lane
and the vehicle parking lane. They are typically located along streets that require a higher level
of separation to improve the comfort of bicycling.Separated bike lanes, also known as cycle
tracks, are bicycle facilities that are separated from motor vehicle traffic by a buffer and a
physical barrier, such as planters, flexible posts, parked cars, or a mountable curb. One-way
137
Exhibit A
Page 74 of 102
separated bike lanes are typically found on each side of the street, like a standard bike lane,
while two-way separated bike lanes are typically found on one side of the street.
i
/ � g
i
On-street Bike Lanes Buffered Bike Lanes
Enhanced Crossings
Enhanced bicycle crossing facilities enable cyclists to safely cross streets, railroad tracks, and
other transportation facilities. Planning for appropriate bicycle crossings requires the community
to balance vehicular mobility needs with providing crossing locations that the desired routes of
cyclists. Enhanced bicycle crossings include:
• Bike Boxes - designated space at an intersection that allows cyclists to wait in front of
motor vehicles while waiting to turn or continue through the intersection.
• Two-Stage Left-turn Boxes - designated space at a signalized intersection outside of the
travel lane that provides cyclists with a place to wait while making a two-stage left-turn.
• Pavement marking through intersections-pavement markings that extend and bike lane
through an intersection.
• Bike Only Signals-A traffic signal that is dedicated for cyclists
• Bicycle Detection-Vehicle detection for bicycles
Additional information on the enhanced bicycle crossing treatments is provided in Technical
Memorandum 5: Alternative Analysis and Funding.
Wayfinding Signs
Wayfinding signs are signs located along roadways or at intersections that direct bicyclists
towards destinations in the area and/or to define a bicycle route. They typically include
distances and average walk/cycle times. Wayfinding signs are generally used on primary
bicycle routes and multi-use paths.
138
Exhibit A
Page 75 of 102
BC Y C IL....I[::::: II::.)11 AIN II::.)II S( J II::::::C"F
Table 6 identifies the bicycle plan projects for the Woodburn TSP update. As shown, the projects
are separated based on roadway classification. The priorities shown in Table 6 are based on the
project evaluation criteria as well as input from the project team and the general public. The
cost estimates are based on average unit costs for roadway improvements. Figure 9 illustrates
the location of the bicycle plan projects.
Table 6: Bicycle Plan Projects
Major Arterials
OR 219 from Cost
Butteville Road State Bike lanes Widen roadway and install bike lanes in Medium included in
Bl to Willow coordination with ODOT
Avenue R2z
OR 214 from Cost
B2 Progress Way State Bike lanes Widen roadway and install bike lanes in Medium included in
to OR 99E coordination with ODOT R32
OR 99E from Cost
B3 Lincoln Street State Bike lanes Widen roadway and install bike lanes in Medium included in
to southern coordination with ODOT
City Boundary Roz
OR 99E from Cost
B4 southern City State Bike lanes Widen roadway and install buffered bike Medium included in
Boundary to lanes in coordination with ODOT R42
southern UGB
Minor Arterials
OR 219 from Widen roadway and install bike lanes in
B5 western UGB to State Bike lanes Medium $1,000,000
Butteville Road coordination with ODOT
Butteville
Road/OR 219 Widen roadway and install bike lanes in
B6 from northern State/County Bike lanes coordination with ODOT Medium $3,200,000
UGB to OR 219
Butteville Road Cost
B7 from OR 219 to County Bike lanes Widen roadway and install bike lanes Medium included in
southern UGB R62
Evergreen
B8 Road from OR City Bike lanes Widen roadway and install bike lanes Medium $500,000
214 to Hayes
Street
Boones Ferry
Road from
B9 northern UGB County/City Bike lanes Widen roadway and install bike lanes Medium $500,000
to Hazelnut
Drive
Settlemier Install shared lane markings and signs.This
Avenue from project improves safe routes to school for
B10 Harrison Street City Shared street Nellie Muir Elementary School, Heritage Medium $25,000
to railroad Elementary School,Valor Middle School,
tracks and St. Luke's School
139
Exhibit A
Page 76 of 102
III 11111111,1,11111 11 11 111 di 111111
M sm
Boones Ferry
311 Road from County/City Bike lanes Widen roadway and install bike lanes Medium $1,500,000
Dahlia Street to
southern UGB
Widen roadway and install bike lanes.This
Front Street project improves safe routes to school for
B12 from northern City Bike lanes Woodburn High School, Heritage High $8,050,000
UGB to Boones
Ferry Road Elementary School,Valor Middle School,
and St. Luke's School
Garfield Street
B13 from 3rd Street City Shared street Install shared lane markings and signs Low $10,000
to Front Street
Garfield Street
B14 from Smith City Shared street Install shared lane markings and signs Low $10,000
Drive to 3rd
Street
Perform a corridor evaluation that would
3151 Young Street City Study consider design treatments to improve Medium $15,000
bicycle comfort and safety such as
striping,signing,and wayfinding
OR 211 from Widen roadway and install bike lanes in
B16 OR 99E to State Bike lanes Medium $1,000,000
eastern UGB coordination with ODOT
Service Collectors
Arney Road
from Robin Install shared lane markings and signs in
317 Avenue to OR State Shared street coordination with ODOT Low $5,000
219
Harvard Drive Enhance the parallel route of Harvard
from Stacy Drive from Stacy Allison Way to Evergreen
B18 Allison Way to City Bike lanes Road in place of Stacy Allison Way. Install Medium $15,000
Evergreen buffered bike lane striping on both sides
Road of the roadway
Hayes Street Install bike lane striping.This project
B19 from Harvard City Bike lanes improves safe routes to school for Nellie Medium $35,000
Drive to
Cascade Drive Muir Elementary School
Hayes Street
from Cascade Widen roadway and install bike lanes.This
B20 Drive to City Bike lanes project improves safe routes to school for Medium $3,000,000
Settlemier Nellie Muir Elementary School
Avenue
Parr Road from Widen roadway and install bike lanes.This
western UGB to project improves safe routes to school for Cost
p
321 western City County Bike lanes Heritage Elementary School and Valor High included in
Boundary Middle School R52
Lincoln Street Install shared lane markings and signs.This
B22 from Cascade City Shared street project improves safe routes to school for Medium $20,000
Drive to Front
Street Washington Elementary School
140
Exhibit A
Page 77 of 102
III 11111111,1,11111 11 11 111 di 11,11,
M sm
Lincoln Street Install bike lane striping.This project
B23 from Front city Bike lanes improves safe routes to school for High $55,000
Street to OR
99E Washington Elementary School
Cleveland
B24 Street from City Shared street Install shared lane markings and signs Low $15,000
Front Street to
OR 99E
Hardcastle Install shared lane markings and signs.This
B25 Avenue from City Shared street project improves safe routes to school for High $15,000
Front Street to
OR 99E Washington Elementary School
Brown Street
from
B26 Cleveland City Shared street Install shared lane markings and signs Low $20,000
Street to end
of roadway
Cooley Road
B27 from OR 211 to County Bike lanes Widen roadway and install bike lanes Medium $1,300,000
Aubrey Way
Cooley Road
from Aubrey
B28 Way to County Bike lanes Install bike lane striping Medium $15,000
Hardcastle
Avenue
Access Streets
Stubb Road Cost
B29 from Harvard County Shared street Install shared lane markings and signs Low included in
Drive to Parr
Road R262
Astor Way from
B30 Country Club City Bike lanes Install bike lane striping Low $25,000
Road to OR
214
Tukwila Drive
B31 from Boones City Shared street Install shared lane markings and signs Low $5,000
Ferry Road to
Hazelnut Drive
5th Street from Install shared lane markings and signs.This
B32 OR 214 to City Shared street project improves safe routes to school for Medium $20,000
Garfield Street St Luke's School
Gatch Street
from Install shared lane markings and signs.This
B33 Hardcastle City Shared street project improves safe routes to school for Medium $15,000
Road to
Cleveland Washington Elementary School
Street
Park Avenue Install shared lane markings and signs.This
B34 from OR 214 to City Shared street project improves safe routes to school for Medium $20,000
Lincoln Street Washington Elementary School
Evergreen
Road from
B35 Country Club City Shared street Install shared lane markings and signs Low $10,000
Court to OR
214
141
Exhibit A
Page 78 of 102
Local Streets
Country Club
Road from
B36 Evergreen City Bike lanes Install bike lane striping Medium $40,000
Road to Astor
Way
Cascade Drive Install shared lane markings and signs.This
B37 from OR 214 to City Shared street project improves safe routes to school for Medium $10,000
Hayes Street Nellie Muir Elementary School
Smith Drive Install shared lane markings and signs.This
B38 from Hayes City Shared street project improves safe routes to school for Medium $5,000
Street to
Garfield Street Nellie Muir Elementary School
Meridian Drive
B39 from Hazelnut City Shared street Install shared lane markings and signs Low $10,000
Drive to OR 214
1 st Street from
B40 Harrison Street City Shared street Install shared lane markings and signs Medium $15,000
to Cleveland
Street
Provide wayfinding to bike routes,multi-
B401 City-wide City Wayfinding use paths, parks,schools,and other Medium $30,000
essential destinations
TOTAL High Priority Costs $8,125,000
TOTAL Medium Priority Costs $12,280,000
TOTAL Low Priority Costs $110,000
TOTAL Program Costs(20 years) $20,515,000
1.Project not shown on Bicycle Plan Map.
2.Cost estimates are not included for projects that would be completed as part of a roadway project,such as locations
where additional roadway width is needed to install bike lanes.The cost for these projects is included in the
corresponding roadway projects described later in the memo.
3.The cost estimates presented to not include costs associated with right-of-way acquisition due to its high variability
depending on location,parcel sizes,and other characteristics.
142
Exhibit A
woodnun,TSP Update Page 79 of 101—me
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Woodburn,Oregon 9
Note:Future roadway alignments are approximate and subject to further refinement.
143
Exhibit A
Page 80 of 102
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Exhibit A
Page 82 of 102
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146
Exhibit A
Page 83 of 102
OTHER TRAVEL MODES
This section summarizes the plans for other travel modes in Woodburn.
TRA INS 11:::'0 R"I..A..-II O II SYS.T.II:::: A IIA G II:::::: II::::::II .T. AINID (S II::.)II:::RA.T] IN
(..I..5 ) II::.)II.....A IN
Transportation System Management and Operations (TSMO) is a set of integrated transportation
solutions intended to improve the performance of existing transportation infrastructure.
Transportation Demand Management (TDM) and Transportation System Management (TSM)
strategies are two complementary approaches to managing transportation and maximizing the
efficiency of the existing system. TDM addresses the demand on the system: the number of
vehicles traveling on the roadways each day. TDM measures include any method intended to
shift travel demand from single occupant vehicles to non-auto modes or carpooling, travel at
less congested times of the day, etc. TSM addresses the supply of the system: using strategies to
improve the system efficiency without increasing roadway widths or building new roads. TSM
measures are focused on improving operations by enhancing capacity during peak times,
typically with advanced technologies to improve traffic operations.
Transportation
Transportation System Management (TSM) focuses on low cost strategies that can be
implemented within the existing transportation infrastructure to enhance operational
performance. Finding ways to better manage transportation while maximizing urban mobility
and treating all modes of travel as a coordinated system is a priority. TSM strategies include
traffic signal timing and phasing, traffic signal coordination, traffic calming, access
management, local street connectivity and intelligent transportation systems (ITS). Traffic signal
coordination and ITS typically provide the most significant tangible benefits to the traveling
public. The primary focus of TSM measures are region-wide improvements, however there are a
number of TSM measures that could be used in a smaller-scale environment such as within the
City of Woodburn. TSM projects and programs that are recommended for the City of Woodburn
to explore include the following:
• Update signal timing plans and coordinate signals to better match prevailing traffic
conditions
o OR 99E from Hardcastle Avenue to Young Street (or to the potential future
Cleveland Street traffic signal) is one candidate corridor for coordination
• Implement truck signal priority at key signalized intersections along OR 214 and OR 99E.
Truck signal priority can reduce delay, travel time, and the number of stops for freight
vehicles, helping reduce vehicle emissions and improve travel time reliability.
• Work with ODOT to develop and implement a Traffic Management Plan for the OR 99E
corridor that responds to increased congestion resulting from incidents on 1-5 and
regional events
147
Exhibit A
Page 84 of 102
Transportation t
Transportation Demand Management (TDM) is a policy tool as well as a general term used to
describe any action that removes single occupant vehicle trips from the roadway during peak
travel demand periods. As growth in the City of Woodburn occurs, the number of vehicle trips
and travel demand in the area will also increase. The ability to change a user's travel behavior
and provide alternative mode choices will help accommodate this potential growth in trips.
Technical Memorandum 5: Alternative Analysis and Funding identifies several policies and
programs that may be effective for managing transportation demand in the City of Woodburn,
especially within the next 10 to 20 years. Table 7 summarizes the strategies that best meet the
goals and objectives of the TSP update. As with all new public and private investments, the
implementation of TDM strategies is sure to draw opposition from some. Given Woodburn's lack
of experience with TDM strategies, it is important that decision-makers understand their long-term
costs and benefits and are able evaluate these along-side arguments from opponents in
achieving outcomes that best reflect the City's vision and goals while effectively reducing travel
demand.
Table 7:Transportation Demand Management Program Strategies
..... ......M 11 M
Carpool/Vanpool Coordinate a rid eshare/carpool/vanpool program
TDMI Match Services County/City that regional commuters can use to find other High $5,000/year
commuters with similar routes to work
Carpool/Vanpool Coordinate with employers to designate
TDM2 Parking Program City carpool/vanpool preferential parking Low $5,000/year
Work with nearby cities,employers,transit service
TDM3 Collaborative County/Cit providers,and developers to collaborate on Medium
Marketing y marketing for transportation options that provide an $5,000/year
alternative to single-occupancy vehicles
Limited and/or Update the Woodburn Development Ordinance to
TDM4 Flexible Parking City include strategies that encourage multi-modal High $25,000
Requirements transportation
Parking Modify the City's current parking policy to allow for
IDMS Management City the potential to charge for parking Low $10,000
Transit Fare City/ Work with Woodburn Transit to provide transit fare
TDM6 Subsidies Woodburn subsidies Low $5,000
Transit
Work with employers to encourage TDM measures
Employer TDM such as allowing employees to work at home one day
TDM7 Measures City a week and scheduling shift changes to occur Low $5,000/year
outside of peak travel periods
TOTAL High Priority Costs $125,000
TOTAL Medium Priority Costs $100,000
TOTAL Low Priority Costs $215,000
TOTAL Program Costs(20 years) $440,000
148
Exhibit A
Page 85 of 102
Other potential TDM projects include:
• Encourage the development of high-speed communication in all part of the city (fiber
optic,digital cable, DSL, etc).The objective would be to allow employers and residents
the maximum opportunity to rely upon other systems for conducting business and
activities than the transportation system during peak periods.
• Encourage developments that effectively mix land uses to reduce vehicle trip
generation. These plans may include development linkages (particularly non-auto)
that support greater use of alternative modes.
Land 5
The types and intensities of land uses are closely correlated with travel demand. Land use
patterns in many areas of the city are suburban in nature with low densities throughout the city
and more industrial and commercial uses in the eastern part of the city near OR 99E. In the
future the city will continue to have a mixture of housing and industrial densities, as well as areas
of mixed-use development (i.e., a mix of residential, retail, commercial and/or office uses).
Technical Memorandum 5: Alternative Analysis and Funding identifies several land use strategies
that could be implemented in Woodburn. Table 8 summarizes the strategies that best meet the
goals and objectives of the TSP update.
Table 8: Land Use Projects
Commercial and Establish neighborhood commercial and mixed-use
LU 1 Mixed-use Nodes City nodes within the city Low $25,000
Alternative Work with ODOT to develop alternative mobility
LU2 Mobility Targets State/City targets at critical intersections along state highways. Low $25,000
Through development,right-of-way dedications
Right-of-way should be provided to facilitate the future planned
LU3 Dedications C�y transportation system in the vicinity of the proposed Low $0
development
Through development, half-street improvements
Half-street (sidewalks,curb and gutter,bicycle lanes/paths,
LU4 Improvements City and/or travel lanes) should be provided along all site High $01
frontages that do not have full buildout improvements
in place at the time of development
TOTAL High Priority Costs $0
TOTAL Medium Priority Costs $0
TOTAL Low Priority Costs $50,000
TOTAL Program Costs(20 years) $50,000
1.Project to be funded by others.
149
Exhibit A
Page 86 of 102
Access Management Plan
Numerous driveways or street intersections increase the number of conflicts and potential for
collisions and decrease mobility and traffic flow. The City of Woodburn, as with every city, needs
a balance of streets that provide access with streets that serve mobility. Access management is
a set of measures regulating access to streets, roads, and highways, from public roads and
private driveways. It is a policy tool which seeks to balance mobility, the need to provide
efficient, safe and timely travel with the ability to allow access to individual properties. Proper
implementation of access management techniques should guarantee reduced congestion,
reduced collision rates, less need for roadway widening, conservation of energy, and reduced
air pollution. Measures may include but are not limited to restrictions on the type and amount of
access to roadways, and use of physical controls, such as signals and channelization including
raised medians, to reduce impacts of approach road traffic on the main facility.
City of Woodburn access spacing standards can be found in the Woodburn Development
Ordinance Section 3.04.02 and OAR Division 51, which specifies access management spacing
standards for ODOT facilities. In coordination with the access spacing standards presented in
these documents, Table 9 summarizes the access management projects identified to help
Woodburn balance access and mobility throughout the city.
Table 9:Access Management Projects
Develop access management standards that reflect
Access Spacing functional classification of the roadway and that
AMl Standard City coordinate with the ODOT standards that regulate Low $25,000
Modification
several major roadways in Woodburn
Investigate and implement opportunities to provide
Alternative alternative access to nonstate facilities when
AM2 Access City reasonable access can occur(consistent with the Low $25,000
State's Division 51 access management standards)
Access Variance Define a variance process for when the standard
AM3 Process City cannot be met Low $25,000
Establish an approach for access consolidation over
time to move in the direction of the standards at
Access each opportunity.Cross-over easements should be
AM4 Consolidation City provided on all compatible parcels(topography, Low $25,000
access,and land use) to facilitate future access
between adjacent parcels and inter-parcel
circulation.
Access Consider opportunities to restrict certain turning
AM5 Movement City movements at accesses(such as a right in-right out Low $25,000
Restrictions access)
TOTAL High Priority Costs $0
TOTAL Medium Priority Costs $0
TOTAL Low Priority Costs $125,000
TOTAL Program Costs(20 years) $125,000
150
Exhibit A
Page 87 of 102
ISA II IL.... 11:=1 IL....A IN
The existing rail system in Woodburn includes freight rail, while there are currently no passenger
rail terminals. Union Pacific Railroad operates a Class I rail line through Woodburn. These tracks
parallel the east side of Front Street. A total of five at-grade crossings and one grade separated
crossing exist along the rail line. Willamette Valley Railway operates a Shortline Railroad track
that parallels the north side of Cleveland Street in the south side of town. A total of five public
at-grade crossings exist along this rail line. In addition to these crossings, the rail line serves
multiple local businesses along the corridor. Table 10 summarizes the rail system projects that
best meet the identified goals and objectives of this plan.
Table 10: Rail Projects
Ma' EM
Establish a downtown Amtrak passenger rail stop
along Front Street in downtown Woodburn, potentially
RA 1 Front Street City as a public-private partnership at the"Y"property Low $10,000
adjacent to Locomotive Park
Front Street and Investigate the opportunity to remove private grade
RA2 Cleveland Street City railroad crossings by providing alternative access to Medium $10,000
parcels as development and redevelopment occurs
Butteville Road, State/County/ Explore a passenger rail stop if commuter rail is
RA north of OR 219 City extended between Wilsonville and Beaverton down Low $5,000
to Salem
TOTAL High Priority Costs $0
TOTAL Medium Priority Costs $10,000
TOTAL Low Priority Costs $15,000
TOTAL Program Costs(20 years) $25,000
I IR T'IR A IN S 11:::'0 IR T.A T'10 I
There are no airports located within the city limits. The closest airports include the Aurora State
Airport (classified as an Urban General Aviation Airport) located approximately 8 miles to the
north via OR 99E and OR 551 and the Mulino Airport located approximately 14 miles to the
northeast via OR 211 and OR 213. No air projects or programs were identified as part of the TSP
process.
IR II II:::: T'IRA INS 11:::'0 R'T'A'T]0 I
Marine transportation is not available within the City of Woodburn, and no marine projects or
programs were identified as part of the TSP process.
There are no major pipeline transport facilities within the Woodburn UGB, and no pipeline
projects or programs were identified as part of the TSP process.
151
Exhibit A
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154
Exhibit A
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FUNDING
F 9J I IIING II:=1 IR GRS S AI I
The City of Woodburn has historically relied upon multiple revenue sources to fund the
maintenance of its transportation network and make capital improvements. These local gas tax
revenue, inter-governmental (primarily state gas tax revenue), franchise fees, and other
miscellaneous revenue. Table 11 displays the total revenue by source used to fund
transportation projects within Woodburn over the most recent seven years that comprehensive
data was available.
Table 11: City of Woodburn Revenue History
I I
Taxes $129,412 $115,692 $102,517 $101,761 $106,537 $182,109 $121,1
Inter
Government $1,480,082 $1,454,076 $1,409,311 $1,384,277 $1,597,518 $1,312,024 $1,116, $1,393,328
Franchise $359,820 $357,983 $336,707 $360,046 $353,381 $326,713 $347,621 $348,896
Transportation
SDC Fees $33,396 $183,698 $440,595 $521,933 $411,527 $400,172 $153,268 $306,370
Other $69,856 $59,518 $49,532 $319,086 $49,457 $88,767 $27,147 $94,766
Revenue Total $2,072,566 $2,170,967 $2,338,662 $2,687,103 $2,518,420 $2,309,785 $1,765,243 $2,266,107
Taxes=Local Gas Tax revenue
Inter-Government=State Gas Tax,State Fund Exchange
Other=Misc.revenue,interest income
Based on the information shown in Table 11, the City of Woodburn has generated an average of
approximately$2,266,107 per year in total revenue for transportation-related
maintenance/projects.
Potential Funding Sources
The projected transportation funding analysis shows that the City of Woodburn will have a
limited source of funds that can solely dedicated to transportation-related capital improvement
projects over the next twenty years. As such, Woodburn will likely need to seek additional funds
via transportation improvement grants, partnerships with regional and state agencies, and other
funding sources to help implement future transportation-related improvements. Table 12
identifies a list of potential Grant sources and Partnering Opportunities to consider during the
course of the 20-year planning horizon. Following Table 12, Table 13 identifies a list of potential
new funding sources for Woodburn to consider in an effort to bolster funds for additional capital
improvement projects.
155
Exhibit A
Page 92 of 102
Table 12: Potential Grant Sources and Partnering Opportunities
The Statewide Transportation Improvement The next STIP (2018-2021)will be
Statewide Program (STIP)is Oregon's 4-year capital Streets organized into two different
improvement program for major state and categories that focus on projects
Improvement Bike lanes
Transportation regional transportation facilities.This scheduling Sidewalks that will fix/preserve the existing
-
Program (STIP) and funding document is updated every two Trails transportation network and
years. Projects included on the STIP are enhance/improve the transportation
allocated into the five different ODOT regions. network.
Federal Funding Large trails or trail networks with a transportation Multi-Use Trails Projects in urban areas have
purpose can compete for TIGER grant awards. traditionally been funded at a
Additional significant federal funding sources minimum of$10,000,000 and rural
include TAP,STP and CMAQ.Depending upon trails of lower project costs are
the location and purpose,trails can also be considered for TIGER funding.
funded by HUD CDBG funds, USDA rural
development programs,or EPA funding.
Oregon Bicycle The Oregon Pedestrian and Bicycle Grant See STIP above See STIP above.
and Pedestrian program ended as a standalone solicitation
Program process in 2012.Grant monies are now
distributed through the "Enhance" process in the
STIP program noted above.
ATV Grant Operation and maintenance,law enforcement, Multi-Use Trails http://www.oregoru.gov/o[2rd/ATV/12
Program emergency medical services,land acquisition, ages/grants.aspx
leases,planning,development and safety
education in Oregon's OHV (off-highway vehicle
recreation areas).
Table 13: Potential New Funding Sources for Consideration by the City of Woodburn
�m
III
1116 111111 11111
Fees tacked onto a monthly utility bill or tied to The cost of implementing such a
the annual registration of a vehicle to pay for system could be prohibitive given
improvements,expansion,and maintenance to the need to track the number of
the street system.This may be a more equitable Primarily Street
vehicle miles traveled in every
User Fees vehicle.Additionally,a user fee
assessment given the varying fuel efficiency of Improvements
vehicles.Regardless of fuel efficiency, specific to a single jurisdiction does
passenger vehicles do equal damage to the not account for the street use from
street system. vehicles registered in other
jurisdictions.
The fee is based on the number of trips a
Preservation,restoration,
particular land use generates and is usually
Street Utility collected through a regular utility bill.For the and reconstruction of Other cities have adopted street
Fees/Road communities in Oregon that have adopted this existing paved residential maintenance utility fees at varying
streets. Includes amounts charged to residential
Maintenance approach,it provides a stable source of
sidewalks,ramps,curbs meters.Woodburn could consider a
Fee revenue to pay for street maintenance allowing
for safe and efficient movement of people, and gutters,and utility similar program.
relocation.
goods,and services.
A tax that is paid at the option of the taxpayer
to fund improvements. Usually not alegislative -Streets The voluntary nature of the tax limits
Optional Tax requirement to pay the tax and paid at the time -Sidewalks the reliability and stableness of the
other taxes are collected,optional taxes are Bike lanes funding source.
156
Exhibit A
Page 93 of 102
usually less controversial and easily collected Multi-Use Trails
since they require the taxpayer to decide Transit
whether or not to pay the additional tax.
Sponsorship has primarily been used
Financial backing of a project by a private by transit providers to help offset the
Sponsorship corporation or public interest group,as a means Multi-Use Trails cost of providing transit services and
of enhancing its corporate image. maintaining transit related
improvements.
Trails with a transportation purpose can Projects in urban areas have
compete for TIGER grant awards. Depending traditionally been funded at a
Federal Funding upon the location and purpose,trails can also Trails minimum of$10,000,000 and rural
be funded by HUD,CDBG funds,USDA rural trails of lower project costs are
development programs,or EPA funding. considered for TIGER funding.
��::. ��..... I I II::I "F II I A I , II::.'( II�"I"A.I..II( IN 6 Y .T II : .T. (WMARY
Table 14 provides a summary of the full cost of the planned and financially constrained
transportation systems. As shown, the full cost of the planned system is approximately$130.6
million over the 20-year period, including $26.4 million in high priority projects, $102.7 million in
medium priority projects, and $1.5 million in low priority projects. Based on the anticipated funds
available for capital improvement projects, the financially constrained plan includes all of the
high priority projects. This leaves no forecasted funding for the City to complete medium and
low priority projects over the 20-year period.
Table 14: Planned Transportation System Cost Summary
Planned Transportation System
Bicycle $8,125,000 $12,280,000 $110,000 $20,515,000
Pedestrian $6,750,000 $10,300,000 $355,000 $17,405,000
Roadway $9,200,000 $74,670,000 $500,000 $84,370,000
Safety $2,200,000 $5,260,000 $100,000 $7,560,000
Transit $100,000 $15,000 $115,000
TDM I $125,000 $100,000 $215,000 $440,000
Land Use $50,000 $50,000
Access Management $125,000 $125,000
Rail $10,000 $15,000 $25,000
Total $26,400,000 $102,720,000 $1,485,000 $130,605,000
Available Funding
Total $6,550,000 $6,550,000 $13,100,000 $26,200,000
TDM:Transportation Demand Management
1:Includes annual costs occurred every year.
157
Exhibit A
Page 94 of 102
II M 11:='IL....I[::::: I[:::::IN.. ...10 IN
The Transportation Planning Rule (TPR), as codified in Oregon Administrative Rules (OAR) 660-012-
0045, requires that local jurisdictions identify and adopt land use regulations and code
amendments needed to implement the TSP. The land use regulations and code amendments
are provided under separate cover.
158
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160
Exhibit A
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GLOSSARY OF TERMS
The following terms are applicable only to the Woodburn Transportation System Plan and shall
be construed as defined herein.
Access f: Refers to measures regulating access to streets, roads and highways
from public roads and private driveways. Measures may include but are not limited to restrictions
on the type and amount of access to roadways and use of physical controls such as signals and
channelization including raised medians, to reduce impacts of approach road traffic on the
main facility.
Access (Street): A street designated in the functional classification system that's primary
purpose is to connect residential neighborhoods with service collectors or arterials. On-street
parking and access to adjacent properties is prevalent. Slower speeds should be provided to
ensure community livability and safety for pedestrians and cyclists.
Accessway: Refers to a walkway that provides pedestrian and or bicycle passage either
between streets or from a street to a building or other destination such as a school, park, or
transit stop.
Alternative Mods: Transportation alternatives other than single-occupant automobiles such
as rail, transit, bicycles and walking.
Americans with Disabilities Act : A civil rights law that prohibits discrimination
against individuals with disabilities in all areas of public life, including jobs, schools, transportation,
and all public and private places that are open to the general public.
Average Annual Daily ffi : A measure used primarily in transportation planning
and traffic engineering that represents the total volume of vehicular traffic on a highway or
roadway for a year divided by 365 days.
Average Daily ffi : This is the measurement of the average number of vehicles
passing a certain point each day on a highway, road or street.
Bicycle Facility: Any facility provided for the benefit of bicycle travel, including bikeways and
parking facilities.
Bicycle Network: A system of connected bikeways that provide access to and from local
and regional destinations.
Bicycle Boulevard: Lower-order, lower-volume streets with various treatments to promote
safe and convenient bicycle travel. Usually accommodates bicyclists and motorists in the same
travel lanes, often with no specific vehicle or bike lane delineation. Assigns higher priority to
through bicyclists, with secondary priority assigned to motorists. Also includes treatments to slow
vehicle traffic to enhance the bicycling environment.
Lane:Bike Area within street right-of-way designated specifically for bicycle use.
161
Exhibit A
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Capital Improvement I I : A community planning and fiscal management tool used
to coordinate the location, timing and financing of capital improvements over a multi-year
period.
Capacity: The maximum number of vehicles or individuals that can traverse a given segment
of a transportation facility with prevailing roadway and traffic conditions.
Citizen Vis itt : An advisory committee consisting of volunteer citizens
from the community they represent.
Congestion itl tl / it Quality (CMAQ): A program within the federal ISTEA and TEA-
21 regulations that address congestion and transportation-related air pollution.
Crosswalk: Portion of a roadway designated for pedestrian crossing and can be either
marked or unmarked. Unmarked crosswalks are the national extension of the shoulder, curb line
or sidewalk.
Cycle Track: An exclusive bike facility that combines the user experience of a separated path
with the on-street infrastructure of a conventional bike lane. A cycle track is physically separated
from motor traffic and distinct from the sidewalk.
Demand Management: Refers to actions which are designed to change travel behavior in
order to improve performance of transportation facilities and to reduce need for additional
road capacity. Methods may include subsidizing transit for the journey to work trip, charging for
parking, starting a van or carpool system, or instituting flexible work hours.
Department of Environmental Quality (DEQ): A regulatory agency whose job is to
protect the quality of Oregon's environment.
Department of Land ConservationI t : A public agency that
helps communities and citizens plan for, protect and improve the built and natural systems that
provide a high quality of life.
Driveway : A short road leading from a public road to a private business or residence.
Eastbound : Leading or traveling toward the east.
Fiscal Year : A year as reckoned for taxing or accounting purposes.
Geographic Information Syst s (GIS): A system designed to capture, store, manipulate,
analyze, manage, and present all types of spatial or geographical data.
Grade: A measure of the steepness of a roadway, bikeway or walkway, usually expressed in a
percentage form of the ratio between vertical rise to horizontal distance, (e.g. a 5%grade
means that the facility rises 5 feet in height over 100 feet in length.)
Grade Separation: The vertical separation of conflicting travelways.
High Capacity r sit : A form of public transit distinguished from local service transit
such as bus lines by higher speeds, fewer stops, more passengers, and more frequent service.
162
Exhibit A
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Highway Design I : A manual that provides uniform standards and
procedures for the design of new roadways and the major reconstruction, rehabilitation,
restoration, and resurfacing of existing roadways.
Intelligent r s rt tf sf s (ITS): the application of advanced technologies and
proven management techniques to relieve congestion, enhance safety, provide services to
travelers and assist transportation system operators in implementing suitable traffic management
strategies.
Level of Service : A qualitative measure describing the perception of operation
conditions within a traffic steam by motorists and or passengers. An LOS rating of"A" to "F"
describes the traffic flow on streets and at intersections, ranging from LOS A, representing
virtually free flow conditions and no impedance to LOS F representing forced flow conditions
and congestion.
Local (Street): A street designated in the functional classification system that's primary
purpose is to provide direct access to adjacent land uses. Short roadway distances, slow speeds,
and low traffic volumes characterize local streets.
Major Arterial (Street): A street designated in the functional classification system that's
primary functions are to serve local and through traffic as it enters and leaves the urban area,
connect Woodburn with other urban centers and regions, and provide connections to major
activity centers within the UGB.
Manual on Uniform i Control Devices : A document issued by the
Federal Highway Administration (FHWA) of the United States Department of Transportation
(USDOT) to specify the standards by which traffic signs, road surface markings, and signals are
designed, installed, and used.
Minor Arterial (Street): A street designated in the functional classification system that's
primary functions are to connection major activity centers and neighborhoods within the UGB
and to support the major arterial system.
Multi-Modal: Involving several modes of transportation including bus, rail, bicycle, motor
vehicle etc.
Multi-Use Path: Off-street route (typically recreationally focused) that can be used by several
transportation modes, including bicycles, pedestrians and other non-motorized modes (i.e.
skateboards, roller blades, etc.)
National Highway System : The National Highway System is interconnected urban
and rural principal arterial and highways that serve major population centers, ports, airports and
other major travel destinations, meet national defense requirements and serve interstate and
interregional travel.
Northbound : Traveling or leading toward the north.
Oregon I istr ti Rules : The official compilation of rules and regulations
having the force of law in the U.S. state of Oregon. It is the regulatory and administrative
corollary to Oregon Revised Statutes and is published pursuant to ORS 183.360 (3).
163
Exhibit A
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Oregon rt t of Transportation : ODOT is a public agency that helps
provide a safe, efficient transportation system that supports economic opportunity and livable
communities throughout Oregon. ODOT owns and operates two roadways (OR 213 and OR 21 1)
that are located in Molalla or provide access to the city. There are street design and operational
standards for these roadways which supersede Molalla's street design and operational
standards.
Oregon I I : The document that establishes long range policies and
investment strategies for the state highway system in Oregon.
Oregon vised Statutes : The codified body of statutory law governing the U.S. state
of Oregon, as enacted by the Oregon Legislative Assembly, and occasionally by citizen
initiative. The statutes are subordinate to the Oregon Constitution.
Peak Period : The period of the day with the highest number of travelers. This is
normally between 4:00 p.m. to 6:00 p.m. on weekdays.
Pedestrian Connection: A continuous, unobstructed, reasonability direct route between two
points that is intended and suitable for pedestrian use. These connections could include
sidewalks, walkways, accessways, stairways and pedestrian bridges.
Pedestrian Facility: A facility provided for the benefit of pedestrian travel, including
walkways, crosswalks, signs, signals and benches.
Pedestrian Scale: Site and building design elements that are oriented to the pedestrian and
are dimensionally less than those sites designed to accommodate automobile traffic.
Regional Transportation Functional Plan (RTFP): A planning document that contains
policies and guidelines to help local jurisdictions implement the policies in the Regional
Transportation Plan (RTP) and its modal plans, include those for active transportation, freight
movement, and high capacity transit.
Regional Transportation I : The transportation plan for the Portland Metro region.
Right-Of-Way r R/W): A general term denoting publicly owned land or property
upon which public facilities and infrastructure is placed.
Safety Priority Index System (SPIS): An indexing system used by Oregon Department of
Transportation to prioritize safety improvements based on crash frequency and severity on state
facilities.
Service Collector (Street): A street designated in the functional classification system that's
primary function is to provide connections between neighborhoods and major activity centers
and the arterial street system. Some degree of access is provided to adjacent properties, while
maintaining circulation and mobility for all users.
Shared : Roadways where bicyclists and autos share the same travel lane. May
include a wider outside lane and/or bicycle boulevard treatment (priority to through bikes on
local streets).
164
Exhibit A
Page 101 of 102
Single-Occupancy i te or Single-Occupant Vehicle (SOV): A vehicle containing
only a single occupant, the driver.
Southbound : Traveling or leading toward the south.
Statewide Tras rt ti Improvement Plan (STIP): The capital improvement program
that identifies founding and schedule of statewide projects.
System Development Charge (SDC): Fees that are collected when new development
occurs in the city and are used to fund a portion of new streets, sanitary sewers, parks and
water.
Technical Advisory Committee : An advisory committee consisting of state, county,
and city staff that review and provide feedback on technical memorandums.
Technical Memorandum : A document that is specifically targeted to technically
capable persons, such as practicing engineers or engineering managers, who are interested in
the technical details of the project or task.
Traffic tr I Devices: Signs, signals or other fixtures placed on or adjacent to a travelway
that regulates, warns or guides traffic. Can be either permanent or temporary.
Transportation Analysis : A geographic sub-area used to assess travel demands
using a travel demand forecasting model. Often defined by the transportation network and US
Census blocks.
Transportation Demand Managf : A policy tool as well as any action that
removes single-occupant vehicle trips from the roadway network during peak travel demand
periods.
Transportation and Growth t : A program of the Oregon Department
of Transportation (ODOT) that supports community efforts to expand transportation choices. By
linking land use and transportation planning, TGM works in partnership with local governments to
create vibrant, livable places in which people can walk, bike, take transit or drive where they
want to go.
Transportation Managemet Area (TMA): A Transportation Management Area is an area
designated by the Secretary of Transportation, having an urbanized area population of over
200,000, or upon special request from the Governor and the MPO designated for the area.
Transportation Planning I : A series of Oregon Administrative Rules intended to
coordinate land use and transportation planning efforts to ensure that the planned
transportation system supports a pattern of travel and land use in urban areas that will avoid the
air pollution, traffic and livability problems faced by other large urban areas of the country
through measures designed to increase transportation choices and make more efficient use of
the existing transportation system.
Transportation Sst t : Management strategies such as signal
improvements, traffic signal coordination, traffic calming, access management, local street
connectivity, and intelligent transportation systems
165
Exhibit A
Page 102 of 102
Transportation Sst t and Operations : An integrated program
to optimize the performance of existing multimodal infrastructure through implementation of
systems, services, and projects to preserve capacity and improve the security, safety, and
reliability of our transportation system.
Transportation Ss I : Is a comprehensive plan that is developed to provide a
coordinated, seamless integration of continuity between modes at the local level as well as
integration with the regional transportation system.
Stop r I : An intersection, where one or more approaches is stop
controlled and must yield the right-of-way to one or more approaches that are not stop
controlled.
Area:Urban The area immediately surrounding an incorporated city or rural community that is
urban in character, regardless of size.
Urban Growth : A regional boundary, set in an attempt to control urban
sprawl by mandating that the area inside the boundary be used for higher density urban
development and the area outside be used for lower density development.
Vehicle Miles Traveled (VMT): The cumulative distance a vehicle travels, regardless of
number of occupants.
Volume to iRatio (V/C): A measure that reflects mobility and quality of travel of a
roadway or a section of a roadway. It compares roadway demand (vehicle volumes) with
roadway supply (carrying capacity).
Westbound : Leading or traveling toward the west.
166
Exhibit B
Exhibit B
Page 1 of 8
Text that is recommended to be added is shown as underlined,and text recommended to be removed
is shown in �+rte ikeaRt
A. Comprehensive Plan Designations and Implementation
Plan Implementation
Transportation Plan
The Tr-;;ASPqFtatiqn Systern Plan (TSP) (2005) 4.va-r Fevi-red te- Fpflpr# Changes in pepulatien,
e.... ..-pp
ded to satisfy thefeFeeasted gFewtb. The
Esta .1irhpr, +L.., f -Rr#iRR;,I .,f -,.Jr, ;;AH stFeets
+rt;;A l-,rd ft,r.,-,c6, f Ac-- t,.,-,I rr-,+it,.,
Establishes akernatiye v.-..,H-es of tFanspe Ftatien
tFanspeFtatien i
the Highway DOC eeFFide+-.
The Woodburn Transportation System Plan (TSP) is a long-range plan that sets the vision for the City's
transportation system, facilities and services to meet state, regional, and local needs for the next 20
years.The TSP was developed through community and stakeholder input and is based on the system's
existing needs, opportunities, and anticipated available funding. The plan also serves as the
Transportation Element of the Woodburn Comprehensive Plan.The purpose of the 2019 TSP update
is to address regulatory changes that have occurred in the region since the adoption of the 2005 TSP,
as well as to provide an updated list of projects to address local transportation needs and deficiencies.
The TSP addresses compliance with new or amended Federal, State, and local plans policies, and
regulations, including the Oregon Transportation Plan (OTP),the State's Transportation Planning Rule
(TPR),the Oregon Highway Plan (OHP).The TSP presents the investments and priorities for the City's
Pedestrian, Bicycle,Transit, and Motor Vehicle Systems.
168
Exhibit B
Page 2 of 8
H.Transportation
"
AUrinA
The goals and policies adopted in this Section are used to guide long range planning, future land use
and development decisions, and management of the City's transportation system. They incorporate
and build upon previous transportation goals and policies and are intended to be consistent with
other adopted City plans. City transportation policy also reflects and is consistent with regional and
statewide planning rules and policy, including the requirement for a multi-modal, balanced approach
to transportation policy.
Goal H-1—Multimodal Mobility
Develop a Multi-m-a-dWal UanspeFtatien system that avaids or reduces a reliance an a P form of
Provide a multimodal
transportation system that avoids or reduces a reliance on one form of transportation and minimizes
energy consumption and air quality impacts.
H-1.1 Develop an expanded intracity bus transit system that provides added service and route coverage
to improve the mobility and accessibility of the transportation disadvantaged and to attract traditional
auto users to use the system.
H-1.2 n,,.,, lep a .,ice. f9F pFeyidiRg tFav,i ,,bees; t,„+,.,,,,,., IA.4eA. bu.P.. a..d Penland er Sale iReludipg
.,teFeity bus; s .,.J .,.teRtial b s/eaFpeel paF!( apd- ride fae-ilities
Encourage alternative travel options between Woodburn, Portland and Salem.
(a) Implement a Carpool/Vanpool Parking Program.
(b) Coordinate Woodburn Transit Service with other regional service provided by Cherriots Regional and
Canby Area Transit.
H-1.3 Develop a bikeway system that pFevid-es; reutes; amd_ faeilities; that allew bieyr=lists te tFawel frem
Peas. low stress network of
bicycle lanes and routes that link major activity centers such as residential neighborhoods, schools, parks,
commercial areas, and employment centers. Identify off-street facilities in City greenway and park areas.
Ensure all new collector and arterial streets are constructed with bicycle lanes.
H-1.4
^ighbeFh^^�'� amd_ betty^^^ Develop a comprehensive network of sidewalks and off-street pathways.
Identify key connections to improve pedestrian mobility within neighborhoods and link residential areas
169
Exhibit B
Page 3 of 8
to schools, parks,employment centers,and commercial areas. Ensure all new collector and arterial streets
are constructed with sidewalks.
H-1.5 Maintain adequate intersection and roadway capacity on the key east-west and north-south
arterials. Periodically review arterials capacity to meet current and future demands.
Goal H-2—Connectivity
Develop a StFeet system whirsh will handle pFejeGted VeaF 2020 traffic---dGemandEss iR the WeeedbWn aFea,
tFaRSP9Ftatie„ fae+'ifies, Provide an interconnected street system that is adequately sized to
accommodate existing and Proiected traffic demands in the Woodburn area.
H-2.1
desigRatie^ of majeF s4eets i ap chap area Develop and implement updated street design standards
for arterials, collectors, and local streets. Ensure new standards and development is consistent with the
functional classification plan in the TSP.
H-2.42 Maintain and enhance IdeRt east-west and north-south collector/minor arterial streets
within the City to relieve traffic demands on Oregon 219/214, 211, and 99E and coordinate with Marion
County to construct the street connections needed outside of the urban growth boundary (UGB). Where
development of new collector/minor arterial streets is not possible within the near future, such as when
an alignment runs outside of the UGB, work with property owners during subdivision to provide local
street connections to improve connectivity in the interim.
H-2.63
Encourage multi-
model transportation options including park-and-ride facilities, carpooling, and use of transit services.
H-2.-74 Develop and implement a capital improvement program CIP that fulfills the transportation goals
established by the community and pursues new funding sources for the CIP projects.
H-2.5 Provide inter-parcel circulation through cross-over easements,frontage or backage roads,or shared
parking lots where feasible.
Goal H-3—Safety
170
Exhibit B
Page 4 of 8
Provide
a transportation system that enhances the safety and security of all transportation modes in the
Woodburn area.
H-3.1 I.A.fArk With QI)QT te impreve safety GR StAtP fAGilWPr WithiA thP City. Develep aGGess management
214 hetween Interstate 9 ('-9) and r,rr„dn .„
Highway ooG CA-Fr;,-„r Plan. Continue coordination with ODOT to improve safety on state facilities within
the City and citywide access management strategies.
H-3.2 Implement strategies to address Develep a ^'a^ {^F impFe ^^R pedestrian and bicycle safety issues,
specifically for travel to and from local schools, commercial areas, and major activity centers.
H-3.3 Identify street and railroad crossings in need of improvement, as well as those that should be closed
or relocated. Remove private grade crossings by providing alternative access to parcels as development
and redevelopment occurs.
H-3.4 Develop a plan for designated truck routes through the City and a ^'a^ to ha^,_'^ +Y„^'- ^,- rail
h.azz.ard-e ^aFgees Prioritize movement of goods on designated freight and truck routes.
Goal H-4-Strategic Investment
Develop a set of reli ble funding seurnes that aaR he a plied to fuRd fi-ture tr RSPOFtatien
iMPF9yeme_Rt__; the`" eedhwrR are Provide a financially sustainable transportation system through
responsible stewardship of assets and financial resources.
H-4.1 Evaluate the feasibility of the full .a Rge of fuRdiRg ....,,,.hapisms fe-F tFaRspgFtati,. ,. .,.,., Rts
Evaluate the feasibility of various funding mechanisms, including new and innovative sources.
H-4.2 .
Preserve and maintain the existing transportation system assets to extend their useful life.
tFaRspeFta
Goal H-5—.Land Use and Transportation Integration
WSP ^f males Of tFaRsp^runt'^^ ether *""^ the temeh01^ Periodically review and update land use
standards and ordinances to create a balanced built environment where existing and planned land uses
are supported by an efficient multi-modal transportation system.
171
Exhibit B
Page 5 of 8
H-5.1 Implement, where appropriate, identify a range of potential Transportation Demand Management
(TDM)strategies that can be used to improve the efficiency of the transportation system by shifting single-
occupant vehicle trips to other models and reducing automobile reliance at times of peak traffic volumes.
Goal H-6—Coordination with State, Regional, and Local Partners
Coardiwate with MarieR County in planRiRg f9F a safe and efficient Gownty wide tFaRSPOFtatien system
Develop and maintain a transportation system that is consistent with the City's adopted comprehensive
plan and adopted plans of state, regional,and other local jurisdictions.
H-6.1 s Ensure plans coordinate with state, regional, and local planning rules and
regulations. Consider land use, financial, and environment planning when prioritize strategic
transportation investments. i^iRtly .,I^., ,.,ith the eeupty to meet the tFaRspeFtati,,., Reeds; ip the fi-Wre
W 6.2\A/eedb,,,..,will .,I.,m eRt plans a .ided i., the\A/eed_b,,,..,TCD
aer=-gess..
(b) The TSP shall 4;e-lude a map depirAiRg fbitbwe street fe.r areas te be This is
172
Exhibit B
Page 6 of 8
H-6.32 Support Marion County efforts to provide transit connections within and between
cities. The Woodburn TSP shall include transportation plans for the Woodburn Transit System that is
consistent with the population and employment projections in the Woodburn Comprehensive Plan and
coordinated with the "preferred alternative" found in the County's Rural Transportation System Plan
RTSP F..,...,,,wE)FI. DI-,.
H-6.43 pr,,vide fer a G,,m.,I,,m,ntary mix of land „s„s apd- +ra.spertati n systems
Promote multi-modal transportation options—by providing for mixed use districts and overlays.
Inns nib and- the nl„,-aI -bevel ,.,,, ent Qyerlay(t DQ) distriGts
H-6-5 I.A.feed-h-urn shall tra4iG Galming ef threugh tra4iG in neigh h-A-.rhA-A-dr— I.A.fe-ed.h.-RA v.44
•
H-6.64 Coordinate with Marion County in planning for freight movement by both rail and
truck.
H-6.5 Comprehensive Plan amendments from Industrial to Commercial shall be prohibited, regardless of
transportation impacts or proposed mitigation,within the SWIR Overlay.
Coordinate %-A-;ith the QFegen Department of T-FanspeFtatien (OPOT-) to maintain highway and
(a) Developing and adopting peFf9Fn;;-anr---e- st-and-aF&I and
(b) PFGhibitiRg GOMPFehensive plan aMeRd-MeRt-q that do Rat meet adopted peFfeFmaRGe Uandards
.teRtial app- a.JyeFse impar-As to the I [ !RteFehaRge
(a) Peak hebiF tFip geReFatie.p esti.m.ates; .;;Rd- Au.m.e.rieal eeiliRgs based- A—A uses peFmitted by the 2005
sideFi.,g the e bila+iye 7 arts . f existiRg and Hew deyelepmeRt
173
Exhibit B
Page 7 of 8
shall be pFehihited
L /IID ,
impact cith�yL�,'Mirthe PA
d-e-fieie-Reies a4eetiRg state highway faeilities thFebigh the Pe-Fie dirc Review pFeeess.
W :7.2 The City shall implenqe.pt te.rm rce-Rise.rvatieR measures te limit aeeess te Highways 214 and
21-9. Su� -'rTde, but+-;hall Ret b e limitpd+.,.
z �ircc^r5t��=c�5-;hall
r
/b,1 /\ I b,li .J .J
�r.,�-,-cEE255 Com,=r�KAT "S-Orr-pcfnrrE-�"�ppTvcrE�1C5;-i�r;vr
Int Raised me-diaps Fri.w. +i. /lrr,geR Way aleRg Highways 219 and 2147
W :7.3 Te eRsbiFe safety and IeRg FaRge mebility 9H Highway 99E, the City shall be g6lided by the fellewiRg
aeeess ..+ eb,•.,r-+•.
es-
C,A F;qfp 4a hl
174
Exhibit B
Page 8 of 8
sha;ll ... ptaiR safe step. iRg sight dist,Ree aleRg the highway.
to Fae717tate Ia Fge tr r_-k ;.,.Jalatipp
(m) Seek eppeFtuRities te e.phaprce the eeRReetivity ef the leeal stFeet system suFFeuRdiRg Highway 99E.
W :7.4 The City will aetively paFtieipate iR develepiRg s4ategies ;-;Ad- selutiqRs te mitigate impaets ta
175
Exhibit C
Exhibit C
Page 1 of 3
Analyses & Findings
Section references are to the Woodburn Comprehensive Plan, Oregon
Administrative Rules or W�'.x.xlbsim DeveI�::)pDLi
..............................::......................................................................eveIl
Legislative Amendment Provisions of the WDO
4.01 Decision-Making Procedures
4.01.02E. Type V Decisions (Legislative): Type V decisions involve legislative
actions where the City Council enacts or amends the City's land use regulations,
comprehensive plan, Official Zoning Map or some component of these
documents. Type V decisions may only be initiated by the City Council. The
Planning Commission holds an initial public hearing on the proposal before
making a recommendation to the City Council. The City Council then holds a final
public hearing and renders a decision. Public notice is provided for all public
hearings (Section 4.01.14). The City Council's decision is the City's final decision
and is appealable to LUBA within 21 days after it becomes final.
This is a legislative amendment to the Comprehensive Plan and qualifies as a Type
V decision. Staff completed the public notices for the Commission hearing date
of August 8, 2019, specifically a newspaper ad in the Woodburn independent and
mailed notice to select agencies - including Marion County, the Woodburn Fire
and School Districts, and the Oregon Department of Transportation (ODOT).
Notice was also provide to the Department of Land Conservation and
Development (DLCD) in accordance with state statutes. The Planning
Commission's recommendation will be forwarded to the City Council for
consideration for adoption.
Comprehensive Plan Policies, OAR's & Statewide Planning Goals
Comprehensive Plan
H. Transportation
177
Exhibit C
Page 2 of 3
Goal 1.9 To ensure that growth is orderly and efficient, the City shall phase the
needed public services in accordance with the expected growth. Extensions of
the existing public services should be in accordance with the facility master plans
and Public Facility Plan in this Comprehensive Plan.
The proposed TSP provides for orderly and efficient growth in accordance with
expected growth over the next 20 years. It includes plans for all modes of
transportation with estimated costs for each project.
B-2. Woodburn shall coordinate with affected state agencies regarding proposed
comprehensive plan and land use regulation amendments, as required by state
law.
This project was funded by state grant and coordination was achieved by
including representatives from State, County and regional entities on the
technical and project management teams. All parties were notified of the
proposed amendments pursuant to state law.
H-6.2 Woodburn will implement plans as provided in the Woodburn TSP.
(b) The TSP shall include a map depicting future street connections for areas to be
urbanized. This is especially important in Nodal Development Overlay and
Southwest Industrial Reserve overlay areas.
The TSP includes a detailed local street connections map that includes both
Overlay districts. Additionally, it includes all transportation improvements
included in the most recently approved Master Plans for the Nodal and SWIR
Overlays.
H-6.3 Woodburn will support Marion County efforts to provide transit connections
within and between cities. The Woodburn TSP shall include transportation plans
for the Woodburn Transit System that is consistent with the population and
employment projections in the Woodburn Comprehensive Plan and coordinated
with the "preferred alternative" found in the County Framework Plan.
The TSP includes a specific Transit Plan that incorporates inter-jurisdictional transit
connections and it is based on the latest adopted population and employment
projections.
178
Exhibit C
Page 3 of 3
Statewide Planning Goals
Goal 14 Urbanization [OAR 660-015-000OjL41]
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of land, and to provide for livable communities.
The proposal furthers this goal by ensuring efficient use of land and providing for
livable communities by planning for infrastructure to address future growth within
the city's UGB.
Oregon Administrative Rules:
660-012 Transportation Planning Rule ("TPR")
Local TSP's and amendments to Plans must comply with the provisions of this rule.
One of the objectives of completing this update was to review the existing TSP for
compliance. Table 2 of the Attachment 103 includes an itemized list of
recommended amendments specifically ensuring compliance with TPR
requirements.
CONCLUSION
Based on the above Findings, Staff finds that the proposal is consistent with all
applicable Comprehensive Plan, Development Ordinance and state provisions
for adoption. It is recommended that the City Council ultimately adopt the 2019
Transportation System Plan and Plan amendments (LA 2018-04)
179
WDBUmg
R�
P , j-"V led P
September 23, 2019
TO: Honorable Mayor and City Council through City Administrator
FROM: Jamie Johnk, Economic Development Director
SUBJECT: 2019-2021 Department of Land Conservation & Development (DLCD)
Technical Assistance (TA) Grant- OR 219 and Butteville Road
Intersection Planning Project
RECOMMENDATION:
Adopt the Resolution authorizing staff to apply for Technical Assistance Grant
funding from DLCD for the OR 219 and Butteville Road Intersection Planning
Project.
BACKGROUND:
The City of Woodburn has the opportunity to apply for a Department of Land
Conservation & Development (DLCD) Technical Assistance (TA) Grant, which
would provide funding to complete an intersection analysis at OR 219 and
Butteville Road and provide recommendations on improvements.
This intersection at OR 219 and Butteville Road is adjacent to the Southwest
Industrial Reserve (SWIR) area and is of foremost concern. The intersection does
not meet the mobility standards for the increased volume that will be generated
by development in the SWIR. In order to determine the development threshold
that would warrant improvements to the intersection, the City, County and
ODOT are collaborating on this proposed project with the outcome to identify
design options for the OR 219 and Butteville Road intersection, 75% engineered
plans and estimates for future improvements.
The Department of Land Conservation and Development (DLCD) provides
funding resources to assist Oregon communities prepare and update local land
use plans and implementing ordinances to respond to growth management
and resource protection issues and changes in state agency programs and
requirements. Technical Assistance grants are typically used to complete
needed planning requirements that are not on periodic review work programs,
or to satisfy local planning needs.
Agenda Item Review: City Administrator_X City Attorney_X_ Finance-X-
180
Honorable Mayor and City Council
September 23, 2019
Page 2
DISCUSSION:
The City of Woodburn is proposing to prepare an application for a Department
of Land Conservation & Development (DLCD) Technical Assistance (TA) Grant,
which would provide funding to complete an intersection analysis at OR 219
and Butteville Road and provide recommendations on improvements.
FINANCIAL IMPACT:
The City will be submitting a DLCD TA funding request of $120,000 for the OR 219
and Butteville Road Intersection Planning Project. There is no match requirement
for this grant however, city, county, and state staff hours will be reflected as "in
kind" commitment to the project. Should the City receive this grant, staff will
return with a budget amendment for the General Fund Engineering and Project
Management division, for authority to spend the grant funds in FY 2019-20.
181
COUNCIL BILL NO. 3109
RESOLUTION 2141
A RESOLUTION AUTHORIZING APPLICATION FOR- AND ACCEPTANCE OF A
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT TECHNICAL
ASSISTANCE GRANT; DEMONSTRATING SUPPORT FOR THE GRANT PROJECT; AND
AUTHORIZING THE CITY ADMINISTRATOR TO SIGN AND EXECUTE ALL NECESSARY
DOCUMENTS TO THAT EFFECT.
WHEREAS, the Department of Land Conservation and Development
("DLCD") is accepting applications for 2019-2021 Technical Assistance Grants;
and
WHEREAS, the City of Woodburn is eligible to apply for grant funding to be
used for completing needed planning requirements that are not part of periodic
review work programs, but satisfy local planning needs; and
WHEREAS, the City Council has identified as a 2019-2020 Strategic Goal, to
develop innovative funding sources to help support the completion of capital
improvement projects and to grow and support strategic partnerships for
economic health; and
WHEREAS, the City of Woodburn desires to pursue the DLCD Technical
Assistance Grant funding to complete an intersection analysis for the intersection
at OR 219 and Butteville Road; now therefore
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City Administrator is authorized to apply for, and if
awarded, accept Technical Assistance Grant funding from DLCD for the purposes
of completing an intersection analysis for the intersection at OR 219 and Butteville
Road, which will provide recommendations on needed improvements for that
intersection.
Section 2. The City Council fully supports the grant-identified project to
study and analyze the OR 219-Butteville Road intersection as described.
Section 3. The City Administrator is authorized to execute any and all
documents related to the grant application and to effectuate the award.
Page 1 - COUNCIL BILL NO. 3109
RESOLUTION NO. 2141
182
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, 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. 3109
RESOLUTION NO. 2141
183
wQ
BURN
September 23, 2019
TO: Honorable Mayor and City Council
FROM: Jamie Johnk, Economic Development Director
SUBJECT: Option to Purchase Property at 970 Cascade Drive Funded Through
the Community Development Block Grant (CDBG) Program
RECOMMENDATION:
Approve the Option to Purchase Real Property Agreement for 970 Cascade
Drive and authorize the City Administrator to exercise the Option in the event
CDBG funding is awarded.
BACKGROUND:
On August 12, 2019, the Woodburn City Council held a public hearing and
approved Resolution 2137 that authorized the City to apply for, and if awarded,
accept Community Development Block Grant ("CDBG") funding from Business
Oregon for the purpose of acquiring real property that would serve as a
Woodburn Family Resource Center. A future family resource center funded
through the CDBG Program would provide essential services to benefit low- and
moderate-income individuals.
After conducting a thorough inventory of properties for the Center, 970
Cascade Drive was identified as the best fit for a Family Resource Center.
DISCUSSION:
The City is currently leasing the property (970 Cascade Drive) with a lease term
through January 31 , 2020. Should the City's project be funded through the
CDBG Program, the City would exercise its exclusive right to purchase the
property in the sum of $1 ,480,000.
FINANCIAL IMPACT:
The City will apply for a CDBG grant for the purchase price of the property in the
amount of $1 ,480,000. In FY 2019-20 the City Council allocated $5,000 in
General Fund Non-Departmental for a potential grant match. Should the City
receive the grant, staff will return with a budget amendment in the General
Fund Capital Construction Fund for authority to spend the grant funds in FY 2019-
20.
Agenda Item Review: City Administrator X City Attorney x Finance x
184
OPTION TO PURCHASE REAL PROPERTY
This Option to Acquire Real Property("Agreement") is entered into this day of
, 2019 ("Effective Date") by and between Cascade at 214, LLC, an Oregon limited liability
company ("Owner") and the City of Woodburn, an Oregon municipal corporation ("Optionee").
RECITALS
A. Owner owns fee-simple title to real property generally located at 970-990 N. Cascade Drive,
Woodburn, Oregon, more particularly described in Exhibit A, together with all
improvements situated on it (the "Property").
B. Optionee is currently leasing the Property from the Owner with a lease term through
January 31, 2020.
C. Optionee desires to purchase the Property, contingent upon receiving funding for the
purchase through a Community Development Block Grant for which it is currently under
consideration for.
D. This Agreement provides for Owner's grant to Optionee of an exclusive option to purchase
the Property pursuant to certain terms and conditions.
The Parties agrees as follows:
AGREEMENT
1. Grant of Option. Owner, in consideration of the sum of one dollar ($1.00), grants to Optionee
the sole and exclusive option to purchase the Property, described in Exhibit A in the manner and for the
price stated in this Agreement (the "Option").
2. Option Term.The Option Term means that period of time commencing upon the Effective Date
and ending on or before January 31, 2020.
3. Exercise of Option. Optionee may exercise its exclusive right to purchase the Property pursuant
to the Option by giving written notice of exercise to the Owner at any point during-and prior to the
expiration of the Option Term. In the event the Optionee does not exercise its right to purchase the
Property granted by the Option during the Option Term, Owner shall retain the amount paid as
consideration for the Option and this Agreement shall become null and void and neither party shall have
any other liability, obligation, or duty pursuant to this Agreement.
4. Contract for Purchase &Sale of Real Property. In the event that the Optionee exercises its
Option pursuant to the terms and conditions above, Owner agrees to sell and Optionee agrees to buy
the Property and both Parties agrees to execute the Purchase and Sale Agreement attached as Exhibit B,
which includes the following terms:
(a) Purchase Price.The purchase price for the Property will be the sum of one million four
hundred eighty thousand 0/100 dollars ($1,480,000).
OPTION TO ACQUIRE REAL PROPERTY
970-990 N.Cascade Dr.,Woodburn,Oregon Page 1 of 14
185
(b) Closing Date.The closing date will be on or before March 31, 2020.
(c) Closing Costs. Optionee and Owner each will pay one-half of the escrow fee of the Title
Company with respect to the Closing. Owner will pay the premium for the title insurance
policy that Owner will be obligated to provide to Optionee, and Owner will pay all
conveyance or excise taxes payable by reason of the purchase and sale of the Property.
Optionee will pay the fee (exclusive of any conveyance or excise tax) for recording the
conveyance documents referred to herein.
5. Miscellaneous.
5.1. Notices. All notice, requests, demands and other communications hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or sent by standard overnight carrier to the following addresses:
If to Owner, to: If to Optionee,to:
Cascade at 214, LLC City Administrator, City of Woodburn
500 Marshall Street 270 Montgomery Street
Woodburn, Oregon 97071 Woodburn, Oregon 97071
5.2. Non-Assignment. During the Option Term, the Owner shall not in any way transfer,
assign, convey or otherwise encumber its interest in the Property. Additionally, no interest of
Optionee may be assigned, subcontracted, or otherwise transferred, without the prior written
consent of the Owner, which Owner may withhold in its sole discretion.
5.3. Governing Law.This Agreement is governed by and construed in accordance with the
laws of the State of Oregon.
5.4. Cooperation. Each party agrees to cooperate with the other in executing any documents
necessary to protect the other party's rights and interest in the Property.
5.5. Severability. If any term of this Agreement if found to be invalid, such invalidity shall not
affect the remaining terms of this Agreement,which shall continue in full force and effect. The
Parties intend that the provisions of this Agreement be enforced to the fullest extent permitted
by applicable law. Accordingly, the Parties shall agree that if any provisions are deemed not
enforceable,they shall be deemed modified to the extent necessary to make them affordable.
5.6. Entire Agreement. This Agreement constitutes the entire agreement and understanding
of the parties, and supersedes all offers, negotiations and other agreements.There are no
representations or understandings of any kind not set forth herein. Any amendments to this
Agreement must be in writing and executed by both Parties.
[SIGNATURES FOLLOW ON NEXT PAGE]
OPTION TO ACQUIRE REAL PROPERTY
970-990 N.Cascade Dr.,Woodburn,Oregon Page 2 of 14
186
The Parties have entered into this Option Agreement, effective as of the date first written
above.
OWNER:
Cascade at 214, LLC
(name,title) Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of , 2019, by
as the of.
(Print Name)
Notary Public
My appointment expires:
OPTIONEE:
City of Woodburn
Scott Derickson, City Administrator Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of 12019,
by as the
of
(Print Name)
Notary Public
My appointment expires:
OPTION TO ACQUIRE REAL PROPERTY
970-990 N.Cascade Dr.,Woodburn,Oregon Page 3 of 14
187
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
OPTION TO ACQUIRE REAL PROPERTY EXHIBIT A
970-990 N.Cascade Dr.,Woodburn,Oregon Page 4 of 14
188
EXHIBIT B
FORM OF PURCHASE &SALE AGREEMENT
This Purchase and Sale Agreement("Agreement") is entered into this _day of
2019 ("Effective Date"), by and between Cascade at 214, LLC, an Oregon limited liability
company ("Seller") and the City of Woodburn, an Oregon municipal corporation ("Buyer").
RECITALS
A. Seller owns fee-simple title to real property generally located at 970-990 N. Cascade Drive,
Woodburn, Oregon, more particularly described in Exhibit A, together with all
improvements situated thereon (the "Property").
B. Buyer holds an exclusive option to purchase the Property and if so exercised, both Parties
have agreed to execute this Purchase and Sale Agreement in the form and including the
terms and conditions set out in this Agreement.
The Parties agrees as follows:
AGREEMENT
1. Purchase and Sale, Price, and Payment.
1.1. Purchase and Sale. For and in consideration of the Purchase Price (as defined in Section
1.2) and the mutual promises, covenants, representations, and warranties contained in this
Agreement, Seller shall sell and convey, and the Buyer shall purchase the real property, together
with all improvements, generally located at 970-990 N. Cascade Drive, Woodburn, Oregon, more
particularly described in Exhibit A(the"Property").
1.2. Purchase Price. Buyer shall pay the Seller the amount of one million four hundred eighty
thousand 0/100 dollars($1,480,000)as consideration for purchase of the Property(the"Purchase
Price").
1.3. Payment.The Purchase Price shall be payable by the Buyer to the Seller on or before the
Closing Date (as defined in Section 2.2.1). Payment may be made through escrow opened with
First American Title Company ("Escrow Agent").
2. Escrow and Closing.
2.1. Opening of Escrow. Buyer will open an escrow account at the offices of First American
Title Company at 681 Glatt Circle,Woodburn, Oregon. Upon mutual execution of this Agreement,
Buyer and Seller shall deliver a fully executed copy of this Agreement to Escrow Agent.
2.2. Closing.
2.2.1 Closing Date. The consummation of the purchase and sale of the Property (the
"Closing") will occur within ten (10) days after satisfaction or waiver of the Buyer's
OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B
970-990 N.Cascade Dr.,Woodburn,Oregon Page 5 of 14
189
conditions to Closing set forth in Section 4.1 below, and no later than March 31, 2020.
The term"Closing Date" means the date of Closing.The Closing will be conducted through
escrow with the Escrow Agent (it being the intention of the Parties that all closing
documentation and funds will be delivered to the Escrow Agent).
2.2.2 Seller's Closing Obligations. At the Closing, Seller shall:
(a) Execute, acknowledge and deliver a Statutory Warranty Deed for the
Property subject only to the Permitted Exceptions and such other
agreements, documents and instruments as may be necessary to transfer,
convey and assign the Property to Buyer;
(b) Deliver to Buyer, pursuant to Section 1445 of the Internal Revenue Code of
1986, as amended, a non-foreign affidavit, stating that Seller is not a foreign
person and providing Seller's United States taxpayer identification number;
and
(c) Deliver to Buyer such other instruments or documents as may be required
pursuant to the provisions hereof or as mutually agreed by counsel for Seller
and Buyer to be necessary to fully consummate the transaction contemplated
hereby.
2.2.3. Buyer's Closing Obligations. At the Closing, Buyer shall:
(a) Deliver to Seller cash or immediately available funds for the Purchase Price;
and
(b) Deliver to Seller such other instruments or documents as may be required
pursuant to the terms hereof or mutually agreed by counsel for Seller and
Buyer to be necessary to fully consummate the transaction contemplated
hereby.
2.2.4 Allocation of Closing Costs. The cost of closing the transaction shall be allocated
between Seller and Buyer as follows:
(a) Seller shall pay: (i) the Premium for the ALTA owner's coverage Title Policy
required by subsection 3.2; and (ii) one-half of the escrow fees of the Title
Company.
(b) Buyer shall pay: (i) one-half of the escrow fees of the Title Company; (ii) the
cost of additional or extended title insurance beyond standard coverage; and
(iii) the cost of recording the statutory warranty deed and any other
documents that Buyer may choose to record.
(c) All other expenses incurred by Seller or Buyer with respect to Closing,
including but not limited to attorneys' fees, shall be borne and paid
exclusively by the party incurring the same unless the Parties hereto
expressly agree in writing to the allocation of part or all of such expenses to
OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B
970-990 N.Cascade Dr.,Woodburn,Oregon Page 6 of 14
190
one of the Parties.
2.3 Risk of Loss. Risk of loss or damage to the Property by condemnation, eminent domain,
or similar proceedings(or deed in lieu thereof),or by fire or any other casualty,from the Effective
Date through Closing will be on Seller and thereafter will be on Buyer. Seller will immediately
notify Buyer in writing of any such loss. Buyer shall notify Seller, in writing,within fifteen (15)days
of Buyer's receipt of Seller's notice whether Buyer shall proceed to Closing. Buyer's failure to
notify Seller that it will proceed to Closing shall constitute notice of disapproval of the loss. If
Buyer disapproves of the loss, Seller shall pay any cancellation fee or other cost of the Title
Company and this Agreement shall terminate and all rights and obligations of the Parties shall
terminate.
3. Title.
3.1. Title Review.
3.1.1. Preliminary Commitment.Within ten(10)days following the Effective Date,Seller
will cause the Title Company to issue to Buyer, at Seller's cost and expense a Preliminary
Commitment for the Title Policy referred to in Section 3.2 showing the status of title of
the Property, showing all exceptions and conditions, if any, affecting the Property which
would appear in the Title Policy, and committing the Title Company to issue such a Title
Policy to Buyer.The Seller will also cause Title Company to concurrently deliver to Buyer
complete and legible copies of all instruments referred to in the Preliminary Commitment
as conditions or exceptions to the title. Seller hereby authorizes and directs the Title
Company to furnish to Buyer the foregoing items.
3.1.2. Buyer's Review. Buyer shall have ten (10) days after receipt of the Preliminary
Commitment and exception documents to notify Seller, in writing, of its approval and
disapproval of each exception shown in the Preliminary Commitment. Buyer's failure to
notify Seller that it has disapproved a particular exception shall constitute Buyer's
approval of that exception. Any exception that Buyer has approved shall become a
Permitted Exception. Notwithstanding the foregoing, Permitted Exceptions shall not
include and Seller shall be required to remove all Monetary Encumbrances, which shall
be defined to mean (i) any monetary liens, including without limitation, the liens of any
deeds of trust or other loan documents secured by the Property; or (ii) any mechanic's
liens arising out of actions of Seller.
3.1.3. Seller's Response. Seller shall have ten (10)days after receipt of Buyer's notice to
notify Buyer, in writing, of its agreement to cure or remove any of the disapproved
exceptions.Seller's failure to notify Buyerthat it will cure or remove a particular exception
shall constitute Seller's refusal to cure or remove that exception. Seller shall remove or
cure by Closing the exceptions it has agreed to remove or cure and the Monetary
Encumbrances.
3.1.4. Buyer's Rights. If Seller does not agree to cure or remove all exceptions
disapproved by Buyer, Buyer shall have ten (10) days from Buyer's receipt of Seller's
notice of the same or, if Seller has not provided such notice, then within ten (10) days of
the deadline to provide it under Section 3.1.3 to notify Seller, in writing,whether it will in
OPTION TO ACQUIRE REAL PROPERTY EXHIBIT B
970-990 N.Cascade Dr.,Woodburn,Oregon Page 7 of 14
191
its sole discretion, waive such objections and close the transaction or terminate this
Agreement. Buyer's failure to give such notice shall constitute Buyer's election to waive
its objections and close the transaction. In that event, the disapproved exceptions shall
become Permitted Exceptions. If Buyer elects to terminate this Agreement, Seller shall
pay any cancellation fee or other cost to the Title Company, and this Agreement shall
terminate and all rights and obligations of the parties shall terminate.
3.1.5. Updated Title Matters. The foregoing notice and response procedure shall be
repeated for any title exceptions first appearing after Buyer's receipt of the initial
Preliminary Commitment,except that if the time period for delivery of any notice extends
beyond the Closing Date, such notice and all subsequent notices shall be delivered on or
before the Closing Date.
3.2. Title Policy. At Closing, Seller will, at its sole cost and expense, cause the Title Company
to issue to Buyer a standard American Land Title Association ("ALTA") form of owner's policy of
title insurance, in the amount of the Purchase Price of the Property, insuring Buyer against loss or
damage arising from defects in title to the Property other than the Permitted Exceptions (the
"Title Policy"). The policy shall contain such endorsements as shall be reasonably requested by
Buyer.
If at Closing, the Title Company will not insure the title as provided above, Buyer may either
proceed to close despite the lack of required insurance or terminate this Agreement. If Buyer
terminates this Agreement, Seller shall pay any cancellation fee of the Title Company, and this
Agreement shall terminate all rights and obligations of the parties will terminate.
4. Conditions to Closing.
4.1. Buyer's Conditions to Closing. Close of Escrow and Buyer's obligation to purchase the
Property pursuant to this Agreement are subject to the satisfaction of the following conditions at
or prior to the Closing:
4.1.1. Title. By the Closing Date, Seller shall provide Buyer with marketable title to
Property free and clear of liens and encumbrances except for non-delinquent bonds and
taxes, zoning ordinances, building and use restrictions, easements of record which affect
the Property, covenants, and conditions and restrictions of record.
4.1.2. Title Insurance. By the Closing Date, Buyer should be able to attain from the
Escrow Agent the Title Policy as required by subsection 3.2.
4.1.3. Condition of the Property. The Property has not been affected by any
development, building, construction,fire,flood, or moratoria prior the Closing Date.
4.1.4. Inspection Contingency. Buyer has thirty (30) days following the Effective Date
(the "Review Period") to satisfy itself concerning all aspects of the Property, including,
without limitation, the physical condition thereof; the availability of any governmental
permits and approvals; and the feasibility of using the Property for Buyer's intended use.
Buyer has the right to perform any tests, inspections, and feasibility studies on the
Property as Buyer may deem necessary; provided, however, that Buyer will not conduct
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any environmental assessment that would require soils analysis, groundwater testing, or
other studies commonly associated with a Environmental Site Assessment without the
prior written consent of Seller in each instance, which consent may be withheld or
conditioned in Seller's sole discretion. All costs and expenses of all of Buyer's tests,
inspections, and studies will be paid by Buyer when due, regardless of whether this
transaction closes.
If, by the end of the Review Period, Buyer has not notified Seller in writing that Buyer
accepts the Property and all aspects thereof in its then-current condition,this Agreement
will automatically terminate.This Agreement thereafter will be void and neither party will
have any obligation to the other, except as otherwise provided herein. If Buyer elects,
Buyer may offer Seller the opportunity to correct any items Buyer determines to be
unacceptable by providing Seller with written notice prior to the end of the Review Period
of what must be corrected, by what dates, and in what manner(the "Correction Notice").
Within ten (10) days after Seller is given the Correction Notice Seller may notify Buyer in
writing of whether and to the extent Seller will effect and pay for any corrections (the
"Notice of Intent to Correct"), all of which will be completed prior to the Closing Date. If
Seller fails to give a Notice of Intent to Correct within said ten (10) days, Seller will be
deemed to have refused to agree to such corrections. Within ten (10) days after Seller
gives a Notice of Intent to Correct (or after the last day of the period within which the
notice is to be given if it is not), Buyer may elect to (i)cancel this Agreement, or(ii) agree
to waive its inspection contingencies as provided in this section, whereupon Seller must
promptly commence and proceed with diligence to completion prior to the Closing Date
with the correction of the items that Seller agreed to undertake in its Notice of Intent to
Correct. The failure of Buyer to give notice of its waiver to Seller will be deemed an
election to cancel.
4.1.5. Right to Possession. At the Closing and as a condition thereto, Buyer shall have
full and unrestricted right to possession of the Property subject only to the Permitted
Exceptions.
4.1.6. Taxes and Liens. Seller shall be responsible for any and all deferred or abated
taxes and related interest and charges, any past due taxes and assessments through
Closing and shall cause such to be paid and removed at or before Closing. Seller shall not
be responsible for the payment of any taxes and assessments that are levied against the
Property after the Closing Date.
If any of the conditions to Buyer's obligations set forth above fail to occur at or before the Closing
Date through no fault of Buyer,then Buyer may cancel the Escrow,terminate this Agreement,and
recover any amounts, including the Purchase Price if deposited and any interest earned thereon,
paid by Buyer to the Escrow Agent toward the purchase. Escrow Agent shall immediately release
the funds to Buyer without further instruction from Seller.
4.2. Seller's Conditions to Closing. Close of Escrow and Seller's obligation to sell the Property
pursuant to this Agreement, are subject to the satisfaction by Seller of Buyer's obligations under
this Agreement, including, but not limited to, Buyer's obligation to deliver cash for the Purchase
Price on or before the Closing Date. If Buyer has failed to fulfill its obligations under this
Agreement, at or before the Closing Date, through no fault of Seller, then Seller may cancel the
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Escrow, terminate this Agreement, and recover any documents delivered to the Escrow Agent
pursuant to this Agreement.
5. Representations and Warranties.
5.1. Title Covenant. Seller represents and warrants that Seller is the sole owner of fee title to
the Property, free of all liens and encumbrances, and will defend such title from the lawful claims
of persons claiming superior title.
5.2. Authority. Seller and Buyer represent and warrant that each has obtained all requisite
authorizations for the execution and delivery of this Agreement and the performance of the
transactions contemplated by this Agreement, and that the execution and delivery of this
Agreement are made pursuant to such authorizations. Buyer is a validly existing municipal
corporation pursuant to Oregon law and the City of Woodburn Charter.
5.3. Litigation. There are no pending claims or litigation or threats of claims or litigation or
other matters of which Seller is aware that could adversely affect Buyer's title, use, or enjoyment
of the Property.
5.4. Encroachments.To Seller's knowledge (a) all structures and improvements, including any
driveways and accessory structures, are wholly within the lot lines of the Property, (b) no existing
building, structure, or improvement of any kind encroaches upon the Property from any adjacent
property, and (c)there are no present or past discrepancies or disputes regarding the boundaries
of the Property.
5.5. Rights and Contracts Affecting Property. Except for this Agreement,Seller has not entered
into any other contracts for the sale of the Property, nor are there any existing rights of first
refusal or options to purchase the Property. Except for those exceptions of record listed on the
Title Report, Seller owns the Property in fee, free and clear of all liens, conditions, reservations,
mortgages, leases, licenses, easements, prescriptive rights, permits, or other similar
encumbrances. Seller has not sold, transferred, conveyed, or entered into any agreement
regarding timber rights, mineral rights, water rights, "air rights," or any other development or
other rights or restrictions relating to the Property, and to Seller's knowledge no such rights
encumber the Property. There are no service contracts or other agreements pertaining to the
Property that Buyer will be required to assume at Closing.
5.6. Public Improvements or Governmental Notices. To Seller's knowledge, there are no
intended public improvements which will result in the creation of any liens upon the Property,
nor have any notices or other information been served upon Seller from any governmental agency
notifying Seller of any violations of law, ordinance, rule or regulation which would affect the
Property.
5.7. Bankruptcy or Foreclosure Affecting Property. To Seller's knowledge, none of the
following has occurred with respect to the Property or Seller: (i) appointment of a receiver,
liquidator, or trustee for the real estate; (ii) institution of any proceeding for dissolution or
liquidation; (iii) filing or any petition for bankruptcy, or action toward reorganization; or (iv)
pending foreclosure or forfeiture action.
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5.8. Brokers. Seller and Buyer represent and warrant that each shall be responsible for any fee
or commission due to any broker employed by either party in connection with this transaction
and shall not be responsible for any portion of the other parties' broker fees or commission.
5.9. Survival. The representations and warranties in this section shall survive Closing for a
period of twelve (12) months.
6. Condition of Property. Excepting only the specific representations and warranties of Seller
contained in Section 5 of this Agreement, all of which shall survive Closing and shall not merge with the
deed, Buyer accepts the land, buildings, improvements,any personal property sold under this Agreement,
and all other aspects of the Property in their present condition, AS IS, WHERE IS, including latent defects,
without any representations or warranties from Seller or any agent or representative of Seller, expressed
or implied, except for such warranties that may arise by law under the Deed and except as otherwise
specifically set forth in this Agreement. Pursuant to Subsection 4.1.4., Buyer agrees that Buyer has
ascertained, from sources other than Seller or any agent or representative of Seller, the condition of the
Property, its suitability for Buyer's purposes, and the applicable zoning, building, housing, and other
regulatory ordinances and laws affecting the Property. Buyer accepts the Property with full awareness of
these ordinances and laws as they may affect the present use or any intended future use of the Property.
Except for such warranties that may arise by law under the Deed and except as otherwise specifically
stated in this Agreement Seller has made no representations with respect to such condition or suitability
of the Property or such laws or ordinances.
7. Waiver. The failure of either party at any time to require performance of any provision of this
Agreement will not limit the party's right to enforce the provision except to the extent expressly set forth
in a writing signed by that party, nor will any waiver of any breach of any provision constitute a waiver of
any succeeding breach of that provision or a waiver of that provision itself.
8. Modifications and Integration. No modification, amendment, discharge or change of this
Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the
party against which the enforcement of such modification, amendment, discharge or change is sought.
This document is the entire, final, and complete agreement of the parties pertaining to the sale and
purchase of the Property, and supersedes and replaces all prior or existing written and oral agreements
between the parties or their representatives relating to the Property.
9. Successor Interests. This Agreement is binding on and inures to the benefit of the parties, their
successors, and assigns, but no interest of Buyer may be assigned, subcontracted, or otherwise
transferred, voluntarily or involuntarily, without the prior written consent of Seller, which Seller may
withhold in its sole discretion. Seller's consent to one transfer will not constitute consent to other
transfers or waiver of this section.Any attempted assignment in violation of this provision will be void and
of no effect with respect to Seller.
10. Notice. Any notice under this Agreement must be in writing and will be effective when actually
delivered in person or three(3)days after being deposited in the U.S. mail, registered or certified, postage
prepaid and addressed to the party at the address stated in this Agreement or such other address as either
party may designate by written notice to the other. Mailing addresses for the parties are as follows:
10.1. For Seller: Cascade at 214, LLC, 500 Marshall Street,Woodburn, OR 97071.
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10.2. For Buyer: City Administrator, City of Woodburn, 270 Montgomery Street, Woodburn,
Oregon 97071.
11. Oregon Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding
(collectively, "Claim") between the Buyer and Seller that arises from or relates to this Agreement shall be
brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of
Oregon. Seller hereby agrees to the in personam jurisdiction of such court and waives any claims of an
inconvenient forum.
12. Calculation of Time. In the event that the date upon which any time period ends or any duty or
obligation hereunder is to be performed will occur upon a Saturday, Sunday, national banking holiday or
State of Oregon holiday, then, in such event, the time period or the due date for such performance will
be automatically extended to the next succeeding day that is not a Saturday, Sunday, national banking
holiday or State of Oregon holiday. Except for express reference to "business" days, all time periods will
be deemed to be calendar days.
13. Remedies.TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. If either Party fails to deliver
necessary funds or documents, or fails to consummate the transaction by March 30, 2020, the Purchase
Price, if deposited with the Escrow Agent, will be refunded to Buyer, this Agreement shall be null and
void, and the parties shall have no further liability to the other arising out of this transaction.
[SIGNATURES FOLLOW ON NEXT PAGE]
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The parties have entered into this Purchase &Sale Agreement, effective as of the date first
written above.
SELLER:
Cascade at 214, LLC
(name,title) Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of , 2019, by
as the of.
(Print Name)
Notary Public
My appointment expires:
BUYER:
City of Woodburn
Scott Derickson, City Administrator Date
STATE OF OREGON )
ss.
COUNTY OF MARION )
The foregoing instrument was acknowledged before me on this_day of 12019,
by as the
of
(Print Name)
Notary Public
My appointment expires:
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CERTIFICATE OF APPROVAL OF CONVEYANCE
(ORS 93.808)
The City of Woodburn, acting through its City Administrator, hereby approves and accepts,
pursuant to ORS 93.808, the conveyance of warranty deed from Cascade at 214, LLC, of the real
property described in the deed to which this Certificate is attached.
A copy of this Certificate may be affixed to and recorded with the warranty deed described above.
DATED this day of 12019.
CITY OF WOODBURN
Scott Derickson, City Administrator
State of Oregon )
ss.
County of Marion )
The foregoing instrument was acknowledged before me on , 2019, by Scott
Derickson, City Administrator of the City of Woodburn, acting under authority granted to him by the
Woodburn City Council.
(Print Name)
Notary Public
My appointment expires:
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wQ
BURN
September 23, 2019
TO: Honorable Mayor and City Council
FROM: Jamie Johnk, Economic Development Director
SUBJECT: Memorandum of Understanding (MOU) with Love INC for
Governance of the "Woodburn Family Resource Center" Funded
through the Community Development Block Grant (CDBG) Program
RECOMMENDATION:
Authorize the City Administration to sign the MOU between the City and Love INC
for the management of a Woodburn Family Resource Center funded through the
CDBG program.
BACKGROUND:
On August 12, 2019, the Woodburn City Council held a public hearing and
approved Resolution 2137 that authorized the City to apply for, and if awarded,
accept Community Development Block Grant ("CDBG") funding from Business
Oregon for the purpose of acquiring real property that would serve as a
Woodburn Family Resource Center.
A future family resource center funded through the CDBG Program would provide
essential services to benefit low- and moderate-income individuals.
DISCUSSION:
Should the City's project be funded through the CDBG Program, the City has
identified Love INC as an essential partner to both occupy space within the family
resource center, but more importantly serve as an on-site manager and
administrator for the center.
This MOU is a non-binding aspirational document intended to address the nature
of a future operating relationship between the City and Love INC in the event the
City is awarded funding through the CDBG Program for a family resource center.
While some details of the MOU still need to be finalized, the draft document is
attached for your information.
Agenda Item Review: City Administrator x City Attorney x Finance x
199
Honorable Mayor and City Council
September 23, 2019
Page 2
FINANCIAL IMPACT:
As agreed in the MOU and pending grant award, the City would commit to
provide the following resources to support the family resource center facility for a
minimum period of five years:
• Provide water, sewer, and storm water utility services
• Obtain and keep in full force and effect adequate casualty insurance for
the property
• Provide an annual financial commitment of $5,000 to a maintenance fund
for the facility
200
MEMORANDUM OF UNDERSTANDING
FOR
GOVERNANCE OF THE "WOODBURN FAMILY RESOURCE CENTER" FUNDED THROUGH THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
This Memorandum of Understanding ("MOU") is entered into by and between the City of Woodburn, an
Oregon Municipal Corporation (the "City"), and Love INC of North Marion County, an Oregon nonprofit
corporation ("Love INC') (together the "Parties").
BACKGROUND
A. On August 12, 2019,the Woodburn City Council held a public hearing and approved Resolution
2137 that authorized the City to apply for, and if awarded, accept Community Development
Block Grant ("CDBG")funding from Business Oregon for the purpose of acquiring real property
that would serve as a Woodburn family resource center.
B. A future family resource center funded through the CDBG Program would provide essential
services to benefit low-and moderate-income individuals.
C. Should the City's project be funded through the CDBG Program, it is the intent of the City to
acquire and own the property that would serve as the family resource center and then lease
program space to suitable non-project entities that would operate and provide services within
the facility.
D. Should the City's project be funded through the CDBG Program,the City has identified Love INC
as an essential partner to both occupy space within the family resource center, but more
importantly serve as an on-site manager and administrator for the center.
E. This MOU is intended to address the nature of a future operating relationship between the City
and Love INC in the event the City is awarded funding through the CDBG Program and acquires
the property for a family resource center.
F. This MOU is a non-obligating and legally non-binding document that describes the intentions,
roles, and responsibilities of the Parties who may decide to work together as described above.
UNDERSTANDING
1. Relationship of the Parties. Nothing in this MOU is intended, or is to be deemed to create a
partnership or joint venture between the Parties. Love INC shall at no time hold itself out as a subsidiary
or affiliate of the City. Further, nothing contained herein shall be deemed or construed by the Parties,
nor by any third parties, as creating a relationship between the City and any officers, employees,
volunteers, suppliers, contractors, or subcontractors used by Love INC to carry out any activities under
this MOU.
1.1 Status of the Parties.
1.1.1 City of Woodburn.The City, as a non-metropolitan city in Oregon, is eligible and
has been invited by Business Oregon to apply for a Community Development Block
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Grant ("CDBG")to fund a project that meets the national objective of benefiting low-
and moderate-income individuals.The City has identified a CDBG-eligible project more
precisely as opening a Woodburn family resource center.The City is currently in the
process of applying for$1.5 million in CDBG funding to acquire real property that
includes a facility that would house or serve as the location of a family resource center.
1.1.2 Love INC. Love INC is a non-profit entity located in Woodburn, Oregon, that
serves eleven local communities in Marion County. Love INC's three pillars of service
include helping people currently in poverty by meeting their immediate needs, helping
people get out of poverty by meeting their relational needs, and addressing the causes
of poverty by meeting the community's systemic needs. Over the past several years,
Love INC has expanded and grown its level of services greatly and is currently in a
position where it could benefit greatly by having a more suitable facility from which to
operate from.
1.2 Authority. Each party represents and warrants that is has the full right and power to
enter into this MOU and that it is fully ready, willing, and able to perform all its obligations
hereunder.
1.3 Primary Contacts. Both Parties shall designate and identify a point person to work with
the other party on any provisions of this MOU and the future operation of the family resource
center.The City's Community Relations Manager will serve as the City's point of contact until or
unless another individual is designated.
2. CDBG Funded Project.The City is seeking award of Community Development Block Grant
("CDBG")funding to acquire real property that includes a facility that will serve as a family resource
center in Woodburn, Oregon. It is the intent of the Parties that should the City's project be funded
through the CDBG program, Love INC would serve as the on-site manager and administrator of the
family resource center for a period of not less than five (5) years.
2.1 Community Development Block Grant.The City is solely responsible for the cost and
effort of preparing and filing the grant application for the CDBG Program. Love INC agrees as
part of this process to provide requested information to the City that may be necessary for
completion of the grant application.The City shall submit its application no later than the
September 30, 2019 deadline. Should the city be awarded the grant,the City shall be solely
responsible for managing future grant distributions and completing all project reporting
obligations.
2.2 Procurement &Ownership of Facility. Should the City's project be funded through the
CDBG Program, the City intends to purchase the property located at 970-990 N. Cascade Drive,
Woodburn, Oregon (the "Facility"), and maintain sole ownership of the Facility for a minimum of
five (5)years.
2.3 Facility Occupancy. Following the City's purchase of the subject Facility, Love INC would
relocate the majority of its operations and community services to the Facility and serve as the
primary tenant and on-site manager at the family resource center for a minimum of five (5)
years.Throughout this time, the City and Love INC intend to also identify additional nonprofit
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service providers that could occupy additional office space and suites within the Facility as
available and suitable to the mission and purpose of the center.
2.4 Family Resource Center.The City and Love INC agree to work in partnership to ensure
that the Facility serves as a functioning and beneficial family resource center for Woodburn
residents.
2.4.1 Non-Profit Status.Through the duration of the five-year cooperative
relationship that this MOU contemplates, Love INC agrees that it will maintain its status
as a 501(c)(3) nonprofit entity.
2.4.2 Program Services.The City and Love INC agree to work cooperatively to ensure
that Love INC and all other nonprofit service providers located within the Facility can
and will work in a coordinated fashion and complimentary to one another to meet the
stated goals and needs of a Woodburn family resource center that provides essential
services to benefit low-and moderate-income individuals.
2.4.3 Serviced Clientele. Per CDBG Program requirements, the family resource center
is to provide essential services to benefit low-and moderate-income individuals. Love
INC and all other nonprofit service providers located within the Facility will be required
to document and track the income levels of its served clients to ensure compliance with
this program requirement. Love INC and other nonprofit service providers located
within the Facility may utilize some variety of the sample client intake form attached as
Exhibit A to collect this information. An annual report that includes this information
must be submitted to the City at year's end. The City may also request records or to
audit an entities' records to ensure that this program requirement is being met.
2.4.4 Service Area. Per CDBG Program requirements, the family resource center is to
provide essential services to City of Woodburn residents, with the exception of
incidental use by non-Woodburn residents. Love INC and all other nonprofit service
providers located within the Facility will be required to document and track the
residency of its served clients to ensure compliance with this program requirement.
Love INC and other nonprofit service providers located within the Facility may utilize
some variety of the sample client intake form attached as Exhibit A to collect this
information. An annual report that includes this information must be submitted to the
City at year's end.The City may also request records or to audit an entities' records to
ensure that this program requirement is being met.
2.4.5 Non-Discrimination. Love INC and all other nonprofit service providers located
within the Facility will be required to provide client services on a basis that does not
discriminate against any person on the basis of the person's race, color, sex, sexual
orientation, religion, ethnicity, national origin, age, disability, familial status, marital
status, gender identity, source of income, veteran status, or membership in any other
protected class under state or federal law.
3. Facility Management.
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3.1 Love INC as Property Manager. Following the City's purchase of the subject Facility, Love
INC would serve as the on-site administrator to manage the Facility on behalf of the City for a
period of at least five (5)years. Management services would include: (i) making or causing to be
made all necessary repairs and alterations to the Facility as deemed advisable or necessary; (ii)
supervising or overseeing construction of tenant improvements, remodels, or capital
improvements; (iii) assigning office space and suite areas for occupancy by third-party tenants;
and (iv) performing other brokerage-type services related to the Facility, such as, screening for
appropriate tenants, negotiating and signing lease agreements for space within the Facility,
collecting rents due or to become due, and terminating tenancies as appropriate. In
consideration of providing administration and management services at the family resource
center, Love INC will be able to occupy a to-be identified area of space at the Facility at no-cost
beyond that contemplated by Section 4 below.
3.2 Tenant Identification and Leasing.The City and Love INC agree to coordinate on
identifying other suitable nonprofit entities that can occupy additional office space and suites
within the Facility.These entities must have the ability and capacity to provide essential services
for the family resource center that meet CDBG's low-and moderate-income client service
requirements. Once suitable tenants are identified and agreed upon by the Parties, Love INC will
manage the tenant's lease, and oversee Tenant's move-in, Facility access, utility and fixture
needs, repair and remodel needs, and if necessary the Tenant's future move-out.A sample
third-party lease agreement with Love INC serving as Landlord is attached as Exhibit B.
3.3 Tenant Alterations & Improvements. Should Love INC or any other third-party tenant
desire to make tenant improvements or alterations to the Facility, Love INC shall first submit a
written proposal to the City that outlines and describes the proposed work to be completed.
The Parties will then together review the necessity, cost, and impact of the proposed
improvements and ultimately, the City will make a determination to either approve, approve
with modifications, or deny the proposal. Depending on the size and scope of proposed
improvements, the City, Love INC, and the third-party tenant may agree upon a cost sharing
plan for the design, planning, or construction work required for the improvements.
3.4 Prohibited Conduct. In providing Facility management, at no time shall Love INC have
the authority to take out a loan secured or mortgaged against the Facility. Love INC will also not
create, incur or permit to exist any lien upon the Facility.
4. Facility Operation & Maintenance.
4.1 Utilities.
4.1.1 City Paid.The City agrees that it will provide water, sewer, and stormwater
utility services at its expense at the Facility.
4.1.2 Love INC Paid. Love INC will be responsible for the electricity, gas, and garbage
services at the Facility. Love INC may also elect to have telephone, cable, and internet
services at the Facility. Love INC may collect a cost-sharing fee from other tenants
occupying the Facility that utilize shared utilities.
4.2 Insurance.
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4.2.1 City Paid.The City agrees that it would obtain and keep in full force and effect
adequate casualty insurance for the Facility, protecting against physical damage and
against liability for loss, damage or injury to the Facility.
4.2.2 Love INC Paid. Love INC agrees that it would obtain and keep in full force and
effect (i) commercial general liability insurance applicable to the Facility with a per
occurrence limit of no less than $1,000,000; (ii) "all-risk" property insurance covering
standard leasehold improvements,tenant trade fixtures, equipment, furniture, and
other personal property within the Facility in the amount of the full replacement cost
thereof, and (iii) workers' compensation insurance as required by the State of Oregon.
All commercial general liability insurance policies shall name the City as an additional
insured.
4.3 Miscellaneous.
4.3.1 IT Services. As available within its own operational capacity,the City may
provide Love INC and other tenants occupying the Facility with initial IT setup assistance
at no-cost. Love INC may then make additional requests to the City for IT support
services by doing so in writing to the City's IT Manager.The City reserves the right to
render such service at its discretion and may prioritize the workload of its personnel to
provide such services as it deems appropriate.
4.3.2 Furniture/Fixtures.The Facility would be provided by the City to Love INC with
the fixtures and furnishings currently occupying the space. Love INC would have the
ability remove or modify these furnishings by coordinating such efforts with the City and
so long as such modifications are reasonably feasible (e.g. storage of undesired
furnishings is available or disposal is practical).
4.3.3 Signs. Love INC may place and maintain interior and exterior signs at the Facility.
Any sign(s) must be of professional quality and be of reasonable size for their proposed
location.The design of any new exterior sign(s)for the Facility shall be submitted to the
City prior to their placement and installation for the City's approval; such approval shall
not be unreasonably withheld or delayed.
4.3.4 Hazardous Materials. Neither Love INC, nor any of its agents, contractors,
employees, licensees or invitees shall at any time handle, use, manufacture, store or
dispose of in or about the Facility any flammables, explosives, radioactive materials,
hazardous wastes or materials, toxic wastes or materials, or other similar substances,
petroleum products or derivatives or any substance (collectively"Hazardous Materials")
subject to regulation by or under any federal, state and local laws and ordinances
relating to the protection of the environment or the keeping, use or disposition of
environmentally hazardous materials, presently in effect or hereafter adopted, and all
rules and regulations issued pursuant to any of such laws or ordinances (collectively
"Environmental Laws").
4.4 Maintenance.
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4.4.1 Responsibility. Love INC will be responsible for the general upkeep and
maintenance at the building, including furnishing and paying for handyman,janitorial,
security monitoring, and landscaping services to keep the Facility in a neat, clean, safe,
and sanitary condition for the operation of a family resource center.
4.4.2 City Contribution.The City intends to provide an annual financial contribution to
Love INC to fund a maintenance reserve account for the Facility.The City anticipates
contributing at least five thousand 0/100 dollars ($5,000)to this fund per year. Love INC
may also collect a nominal annual or monthly rent amount from other tenants
occupying the Facility that would also help fund a maintenance reserve account for the
Facility. Any rental amount charged must be pre-approved by the City prior to being
implemented.
4.4.3 Oversight & Expenditures. Love INC will need to maintain and make available to
the City copies of all financial records, bank statements (deposits/debits), and detailed
disbursement records that memorialize the maintenance activities at the Facility and
account for the expenditure of City funds.
4.4.4 Right of Entry and Inspection.The City and City's representatives would have
the right to enter the Facility at any time and without notice in case of an emergency,
and otherwise at reasonable times and with reasonable advance notice to Love INC to
examine the Facility and to make alterations, improvements, repairs, or additions as are
required, provided Love INC's use and enjoyment of the Facility is not unreasonably
interfered with and that City shall repair and refinish the affected areas.The City would
provide reasonable written notice of any need to conduct repairs or other work beyond
normal maintenance and routine repairs.
4.4.5 Damages. Love INC shall be responsible for the direct costs of all damages to the
Facility associated with its programs and activities, not including normal wear and tear.
5. Miscellaneous.
5.1 Assignment.The obligations and duties contemplated by this MOU are specific to the
Parties involved. Neither party may assign the rights and responsibilities contemplated by this
MOU to any other individual or entity.
5.2 No Third Party Beneficiaries. No provisions of this MOU are intended or will be
construed to confer upon or give to any person or entity other than the signatories to this MOU
any rights, remedies or other benefits under or by reason of this MOU.
5.3 Future Agreement. Should the City's project be funded through the CDBG Program, it is
the intent of the Parties to replace this MOU with a binding operating agreement that better
defines the roles and responsibilities of the Parties in administering family resource center
services at the identified Facility.
5.4 Indemnification. Each party shall, to the extent it may under the Constitution and laws
of Oregon, indemnify the other against all claims, demands, suits, actions, losses, damages
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liabilities, costs and expenses of any kind or nature arising directly out of a parties' intentional,
reckless, or negligent acts, errors, or omissions in carrying out any activity under this MOU.
5.5 Limitation of Liability.The City shall not be liable for injury, damage, or loss suffered by
Love INC, its agents or employees, on the Facility property, not caused by the negligence or
intentional acts of the City, its agents, employees, or contractors.
5.6 Termination. As a non-binding document, either Party may terminate any perceived
obligation or duty set out in this MOU by submitting written notice to the other party of its
intent to terminate.
5.7 Notices. Any notice under this MOU must be in writing and will be effective when
actually delivered in person or three (3) days after being deposited in the U.S. mail, registered or
certified, postage prepaid and addressed to the party at the address stated in this MOU or such
other address as either party may designate by written notice to the other. Mailing addresses
for the parties are as follows:
(a) The City. City Administrator, City of Woodburn, 270 Montgomery Street,
Woodburn, Oregon 97071.
(b) Love INC.
5.8 Oregon Law.To the extent applicable, this MOU is governed by and construed in
accordance with the laws of the State of Oregon.
The parties have executed this MOU effective as of the last date of signature specified below.
CITY OF WOODBURN, LOVE INC,
an Oregon municipal corporation an Oregon nonprofit corporation
Scott Derickson, City Administrator (name), (title)
Date Date
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EXHIBIT A
NON-PROFIT CLIENT INTAKE FORM
[SAMPLE]
[NON-PROFIT'S NAME/CONTACT INFO]
Date:
Who are you Seeking Services for Today?
❑ MYSELF ❑ SELF+ FAMILY ❑ MY CHILDREN ❑ OTHER
What Services or Assistance are Being Sought:
Are you a Woodburn Resident?
❑ YES
❑ NO
Household Size?
Annual Household Income?
❑ Less than $14,999 ❑ $15,000-$24,999 ❑ $25,000—34,999
❑ $35,000—44,999 ❑ $45,000—$54,999 ❑ $55,000—64,999 ❑ $65,000+
Ethnicity?
❑ Hispanic or Latino or Spanish Origin
❑ Not Hispanic or Latino or Spanish Origin
Race?
❑ American Indian or Alaska Native
❑ Asian
❑ Black or African American
❑ Native Hawaiian or Other Pacific Islander
❑ White
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EXHIBIT B
FAMILY RESOURCE CENTER LEASE AGREEMENT
[TEMPLATE]
This [office space/suite] Lease Agreement("Agreement") is made as of the last date of signatures
indicated below ("Effective Date"), between Love INC, an Oregon nonprofit entity (the "Landlord"), and
[name], an [entity type] (the "Tenant") (collectively, the "Parties").
The Parties agree as follows:
1. Premises. The Landlord leases to Tenant, and Tenant leases from Landlord, [describe office
space/suite] located at the Woodburn Family Resource Center, 970-990 N. Cascade Drive, Woodburn,
Oregon (the "Premises"), more specifically described as follows:
1.1. Office Space. The Office Space will consist of [describe], more particularly set out in
attached Exhibit A [Exhibit A can include site plan of facility].
1.2. Common Areas. During the term of this Agreement, the Office Space is designated for
sole use by Tenant.Tenant shall also have the non-exclusive right, in common with Landlord and
other tenants, to use the following shared facilities or common areas of the Premises per the
following conditions:
1.2.1. Parking Area.Tenant and Tenant's invitees may utilize the parking facilities on the
Premises, so long as use reasonably relates to Tenant's occupation of the Premises and
does not interfere with the day-to-day operations of the Landlord, or inhibit community
members from parking at, or accessing the family resource center.
1.2.2. Conference Rooms.Tenant may request to use the Conference Rooms [describe
where/which rooms] on the Premises by making a written request to the Landlord.
Requests for this use will generally be honored on a first-come-first-served basis unless a
conflict arises where the Landlord or another tenant requires immediate use of the same
space at the same time.
1.2.3. Other. Tenant may also utilize the restrooms, lunch and break room areas,
hallways, ingresses/egresses, landscaped areas, and walkways on the Premises.
2. Term.
2.1 Term. The Term of this Agreement commences upon [date], and unless earlier
terminated,will expire on [date].
2.2 Option to Extend.Tenant shall have the option to extend this Agreement for up to [fill-in
renewal options]. If Tenant elects to exercise this option,then Tenant must provide Landlord with
written notice no later than ninety (90) days prior to expiration of the lease term. If Tenant fails
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to provide such notice,Tenant shall have no further or additional right to extend the term of this
Agreement
Any extension will be governed by the same terms and conditions of this Agreement, except for
the provisions regarding rent. Landlord shall have thirty (30) days after its receipt of Tenant's
notice of extension to advise Tenant of any increase to the Rental Amount that will apply to the
extended period. In the event Tenant agrees to a said increase, the Agreement will be extended
for another [period of time] term. In the event Tenant does not agree, this Agreement will
terminate. This section will not limit the ability of either party to terminate this Agreement
pursuant to Section [XX].
3. Rent.
3.1. Rental Amount. Tenant shall pay to Landlord as rent the sum of [$] per month for the
entire term of the Agreement. Tenant shall pay Landlord all rents in advance, on or before the
first day of each calendar month.Tenant may also coordinate with Landlord to pay rent in advance
on a quarterly basis.
3.2. Rental Payments. Tenant shall make all rental payments payable to Love INC at the
following address: [fill in where payments should be made].
4. Conditions of Tenant's Use of the Premises.
4.1. Permissible Uses.Tenant shall use the Premises for[describe services to be provided] and
for no other purpose without first obtaining the written consent of Landlord. This usage will
include the general office presence and activity of Tenant [during normal business hours (i.e.
Monday—Friday, 8 a.m. —5 p.m.)].Tenant shall not use or allow the Premises to be used for any
unlawful, disreputable, or hazardous purpose, and shall observe and comply with all laws, rules,
and regulations of any municipal, county, state, federal, or other public authority respecting the
use of the Premises.
4.2. Common Areas.Tenant shall have use of common areas within the Premises, as set forth
in Section 1.2. Landlord has exclusive control and management over Common Areas and may, in
its discretion, from time to time, (i) make changes to, or modify the designation of what are
common areas; or (ii) temporarily close any of the Common Areas, so long as Tenant's access to
the Office Space remains available.
4.3. Security System for the Premises.The Premises have been equipped by the Landlord with
a security system that includes [a number of video cameras, security-access points, and
automatically-timed locking ingresses/egresses]. The Office Space for Tenant will be located on
the Premises in an area that has secured access by means of [a key/alarm key pad/key card].
Therefore, [a key/keycard] will be provided to the Tenant and Tenant's employees for use in
accessing the Office Space. Tenant agrees that it will make no duplicates of this [key/key card],
and should the [key/key card] become lost or stolen, Tenant agrees to notify Landlord of such
occurrence immediately. [add description of additional security system measures specific to any
single tenant here]
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4.4. Guests&Invitees.Tenant retains its right to use the Office Space for their work as outlined
above, and may from time to time have guests or invitees present on the Premises. In such cases,
guests and invitees must be accompanied by Tenant's employees while in safety-secured or
common areas of the Premises. Additionally, large numbers of guests, or excessive noise or
disturbances related to or caused by Tenant's guests or invitees is prohibited.
4.5. Office Equipment & Furniture. The Office Space is being provided by Landlord to Tenant
with minimal furnishings. Tenant has the right to remove or modify these furnishings by
coordinating such efforts with Landlord and so long as such modifications are reasonably feasible.
4.6. Printer/Copier. [include description of equipment if available to tenant]
4.7. Phone Service. [include description of phone service if available to tenant]
4.8. Mail Collection. [include description of mail collection service that may or may not be
provided]
4.9. Signs &Advertisement. Tenant shall not put upon, or permit to be put upon, any part of
the Premises, any signs, billboards, or advertisements for the Tenant without the prior written
approval of the Landlord.
4.10. Hazardous Materials. Neither Tenant, nor any of the Tenant's agents, contractors,
employees, licensees or invitees shall at any time handle, use, manufacture, store or dispose of in
or about the Premises any flammables, explosives, radioactive materials, hazardous wastes or
materials, toxic wastes or materials, or other similar substances, petroleum products or
derivatives or any substance(collectively"Hazardous Materials")subject to regulation by or under
any federal, state and local laws and ordinances relating to the protection of the environment or
the keeping, use or disposition of environmentally hazardous materials, presently in effect or
hereafter adopted, and all rules and regulations issued pursuant to any of such laws or ordinances
(collectively "Environmental Laws"). Tenant shall protect, defend, indemnify and hold the
Landlord harmless from and against any and all loss, claims, liability or costs(including court costs
and attorney's fees) incurred by reason of any actual or asserted failure of Tenant to fully comply
with all applicable Environmental Laws, or the presence, handling, use or disposition in or from
the Premises of any Hazardous Materials, or by reason of any actual or asserted failure of the
Tenant to keep, observe, or perform any provision of this paragraph.
5. Quiet Enjoyment. Landlord agrees that Tenant shall lawfully, peacefully,and quietly hold,occupy,
and enjoy the Premises during the term of this Agreement without objection or molestation, except as
provided by this Agreement.
6. Condition of the Premises. Tenant accepts the Premises and all aspects the Premises in their
present condition, AS IS, WHERE IS, including latent defects, without any representations or warranties
from Landlord or any agent or representative of Landlord, expressed or implied, except for such
warranties specifically set forth in this Agreement. Tenant agrees that it has ascertained the condition of
the Premises and its suitability for the Tenant's purposes.
7. Maintenance, Repair, and Improvements.
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7.1. Maintenance and Repair. Landlord shall generally maintain and keep the Premises in good
order, including all interior and exterior doors,wall and floor surfaces,wiring, plumbing and drain
pipes, and the building's exterior walls, roof, and foundation. During the term of this Agreement,
Tenant shall pay the cost of all repairs for any damage done to the Premises by itself, its guests or
invitees,or any agents that it hires. If the Landlord makes repairs on behalf of the Tenant,the cost
of the repairs will be added as additional rent for the following month. Upon the end of the lease
term,Tenant agrees to leave the Premises clean, in good order and repair and in substantially the
same condition as at the time of the commencement of license, excluding wear and tear.
7.1.1. Access. Tenant shall permit the Landlord to use and maintain pipes, ducts, and
conduits in and through the Premises, and to erect the same, provided that Tenant's
usable space is not unreasonably diminished and the Tenant's use and enjoyment of the
Premises is not unreasonably interfered with.
7.1.2. Right of Entry and Inspection. Landlord and Landlord's representatives and agents
shall have the right to enter the Premises, including the Office Space, at any time and
without notice in case of an emergency, and otherwise at reasonable times and with
reasonable advance notice to the Tenant to examine the Premises and to make
alterations, improvements, repairs, or additions as are required, provided the Tenant's
use and enjoyment of the Premises is not unreasonably interfered with and that the
Landlord shall repair and refinish the affected areas. The Landlord shall provide
reasonable written notice of any need to conduct repairs or other work beyond normal
maintenance and routine repairs.
7.2. Alterations.Tenant shall make no alteration, additions, or improvements to the Premises
without obtaining the prior written approval of the Landlord. Any approval of alterations or
improvements shall be at the sole discretion of the Landlord.
7.3. Improvements. All building repairs, alterations, additions, improvements, and fixtures
(except such business trade fixtures belonging to the Tenant as can be removed without damage
to the Premises or building) shall belong to the Landlord and remain on and be surrendered with
the Premises as part of the Premises at the expiration of this Agreement.
7.4. Janitorial & Landscaping Services. Landlord shall furnish and pay for janitorial and
landscaping services required to maintain the Premises in a neat,clean, and sanitary condition for
the operation of the Tenant's business.
8. Utilities. Landlord shall furnish and pay for all electricity, water, sewer, garbage, and other utility
services used on the Premises. [include description about phone/internet utility options for Tenant]
9. Liens. Tenant shall not allow any lien of any kind, type or description to be placed or imposed
upon the Premises.
10. Indemnification. Tenant shall release, indemnify, defend, and hold harmless Landlord and its
officers, agents, and employees from and against any and all loss, liability, claims, costs, or damages that
may occur or be claimed with respect to any person or property on, in or about the Premises resulting
from any act done or omission by or through Tenant and Tenant's staff, agents, employees, customers,
visitors, or invitees on the Premises by reason of Tenant's use or occupancy of the Premises.
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11. Insurance. Tenant shall procure and maintain in force, at its expense, during the term of this
Agreement, and furnish certificates to Landlord for the following insurance:
11.1. Commercial General Liability Insurance. Tenant must secure and maintain a Commercial
General Liability policy covering bodily injury and property damage, providing limits of at least
$1,000,000 per Occurrence and a General Aggregate of at least$2,000,000.
11.2. Worker's Compensation and Employers Liability Insurance. Tenant must secure and
maintain a Workers Compensation and Employer Liability policy where required by law.
12. Damage to Property on Premises. Tenant agrees that all property of every kind and description
kept, stored, or placed in or on the Premises will be at Tenant's sole risk and hazard and that the Landlord
shall not be responsible for any loss or damage to any of such property resulting from fire, explosion,
water, steam, gas, electricity, or the elements, whether or not originating on the Premises, caused by or
from leaks or defects in or breakdown of plumbing, pipes, wiring, heating, or any other facility,
equipment, or fixture or any other cause or act and whether or not resulting from the negligence of the
Landlord or anyone for whom the Landlord may be responsible.
13. Waiver of Subrogation. Neither the Landlord, nor Tenant shall be liable to the other for loss arising
out of damage to or destruction of the Premises, when such loss is caused by any of the perils which are
or could be included within or insured against by a standard form of fire insurance with extended
coverage,including sprinkler leakage insurance,if any.All such claims for any and all loss, however caused,
hereby are waived.Such absence of liability shall exist whether or not the damage or destruction is caused
by the negligence of either the Landlord or the Tenant or by any of their respective agents or employees.
It is the intention and agreement of Landlord and Tenant that the rent reserved by this Agreement has
been fixed in contemplation that each party shall look to its respective insurance carriers for
reimbursement of any such loss, and further, that the insurance carriers involved will not be entitled to
subrogation under any circumstances against any party to this Agreement. Neither Landlord, nor Tenant
shall have any interest or claim in the other's insurance policy or policies, or the proceeds thereof, unless
specifically covered as an also-named insured.
14. Damage by Fire or Casualty. In case the Premises are destroyed or damaged by fire or other
casualty, as to become uninhabitable, then in such event, this Agreement shall terminate from the date
of such damage or destruction and Tenant shall immediately surrender such Premises and all interest in
the Premises to Landlord, and Tenant shall pay rent only to the time of such surrender.
15. Assignment & Subleasing. Assignment of this lease or subletting of the Premises is prohibited
under this Agreement.Any attempt of Tenant to assign this lease or sublet the Premises will automatically
terminate this Agreement.
16. Default by Tenant. Each of the following shall be deemed a default by Tenant under this
Agreement:
(a) Nonpayment of the whole or any portion of the rent, or any other sum or sums of money
due to Landlord from Tenant under the provisions of this Agreement;
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(b) Nonperformance by Tenant of any other covenant or condition contained in this
Agreement; or
(c) Abandonment of the Premises by Tenant.
Within thirty (30) days after written notice from the Landlord demanding performance by Tenant with
respect to any such default, Landlord may immediately terminate this Agreement and reenter upon the
Premises and remove all persons therefrom, and in addition or in lieu of such action, Landlord may, at its
option, pursue any other remedy provided by law or in equity for the enforcement of the Landlord's rights
under the provisions of this Agreement.
17. Termination.This Agreement terminates as follows:
(a) At the expiration of the Term of this Agreement;
(b) By the mutual written consent of both Parties;
(c) Provided either party is not in default under this Agreement beyond the applicable cure
period, by either party unilaterally giving at least ninety (90) days' prior written notice to
the other party; or
(d) Per the provisions of Paragraphs 14, 15, or 16.
18. Surrender at End of Term. At the expiration of the Term of this Agreement or upon earlier
termination, Landlord will have the right to enter and take possession of the leased Premises, and Tenant
shall deliver the same without process of law. Tenant shall be liable to Landlord for any loss or damage,
including attorney fees and court costs incurred, as a result of Tenant's failure to comply with this
obligation.
19. Relationship of the Parties. Nothing in this Agreement is intended, or is to be deemed to create a
partnership or joint venture between the parties.Tenant shall at no time hold itself out as a subsidiary or
affiliate of Landlord. Further, nothing contained herein shall be deemed or construed by Tenant, nor by
any third parties, as creating a relationship between Landlord and any officers, employees, volunteers,
suppliers, contractors, or subcontractors used by Tenant.
20. Notices. Any notice under this Agreement must be in writing and will be effective when actually
delivered in person or three(3)days after being deposited in the U.S. mail, registered or certified, postage
prepaid and addressed to the party at the address stated in this Agreement or such other address as either
party may designate by written notice to the other. Mailing addresses for the parties are as follows:
20.1. Landlord. [contact&address].
20.2. Tenant. [contact &address].
21. Oregon Law. This Agreement is governed by and construed in accordance with the laws of the
State of Oregon, where the licensed Premises are located, and venue for any legal action will be in the
county where the licensed Premises are located.
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22. Severability. If any provision of this Agreement or the application thereof shall,for any reason and
to any extent, be invalid or unenforceable, neither the remainder of this Agreement, nor the application
of the provisions to other persons, entities or circumstances shall be affected, but instead shall be
enforced to the maximum extent permitted by law.
23. No Waiver. No waiver by either party of any breach of any of the covenants or conditions
contained in this Agreement to be performed by the other party will be construed as a waiver of any
succeeding breach of the same or any other covenant or condition.
24. Modifications and Integration. No modification, amendment, discharge or change of this
Agreement, except as otherwise provided, shall be valid unless the same is in writing and signed by the
party against which the enforcement of such modification, amendment, discharge or change is sought.
This document constitutes the entire, final, and complete agreement of the parties pertaining to the
subject matter hereof, and supersedes and replaces all prior or existing written and oral agreements
between the parties or their representatives relating to the Premises.
IN WITNESS WHEREOF,the parties have executed this Agreement effective as of the last date of signature
specified below.
LANDLORD:
Love INC, an Oregon nonprofit corporation
[name,title]
Date
TENENT:
[name, entity]
[name,title]
Date
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WwQ
RN
Pi arra " led Ph i•
September 23, 2019
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Intergovernmental Agreement with the City of Silverton for Building
Division services
RECOMMENDATION:
Make a motion to authorize the City Administrator to sign a new
Intergovernmental Agreement (IGA) with the City of Silverton for building
inspection and plan review services.
BACKGROUND:
The Woodburn Building division has had IGA's with other building departments in
the past, including with the City of Silverton, all of which have expired.
DISCUSSION:
The City of Silverton Building Department has requested to renew an IGA with
the City of Woodburn Building Department. The new IGA is very similar in
verbiage to the previous IGA with Silverton. The main revisions are an increase to
the hourly rate from $65 per hour to $100 per hour, and Section VII additional
verbiage added by our city attorney clarifying the relationship of the parties.
FINANCIAL IMPACT:
For the jurisdiction the financial impact is minimal.
Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x-
216
inance_x_216
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF SILVERTON AND THE CITY OF WOODBURN
FOR INSPECTIONS AND PLAN REVIEWS
This Agreement is made pursuant to ORS 190.010 between the City of Silverton, a municipal
corporation of the State of Oregon, hereinafter called "Silverton", and the City of Woodburn, a
municipal corporation of the State of Oregon, hereinafter called "Woodburn".
I. Recitals
1. Silverton and Woodburn have determined that they have a need for qualified
personnel to perform inspections and plan reviews in lieu of their own
employees who may be ill, on vacation, or otherwise temporarily unable to
perform their duties, and;
2. Silverton and Woodburn employ inspectors who are qualified and licensed to
perform such inspection and plan review duties, and;
3. It is the mutual desire of Silverton and Woodburn that each agency provide
personnel to provide these backup services to the other agency as needed,
therefore,
4. This agreement is being brought forth to allow Silverton, by and through its
Community Development Department's Building Inspection Division, to provide
inspections and plan reviews on an as-needed basis to cover Woodburn's
inspection staff, and for Woodburn to provide the same services upon request
for Silverton.
II. SILVERTON OBLIGATIONS
Silverton shall:
1. Perform inspections and plan reviews on behalf of Woodburn, as requested by
Woodburn.
2. Comply with all ORS and OAR requirements and regulations pertaining to the
inspection and plan review programs.
3. Provide State of Oregon certified/licensed inspectors to perform all inspections.
4. Complete Inspection Report Form provided by Woodburn.
5. Provide identification upon entering job site and state the reason for the site
visit.
6. Provide a copy of the completed inspection report to Woodburn within 24 hours
of completion of the inspection.
7. Comply with the inspection notification requirements of applicable ORS and
OAR.
IGA Inspections and Plan Review Page 1
217
8. Provide Woodburn a monthly request for payment to be submitted with a list of
the inspection requests and plan reviews completed listing each day and number
of hours performing plan reviews.
9. Send a request for inspection to Woodburn the morning of the requested date of
inspection after first verifying with the Woodburn Building Official that adequate
staffing exists to provide Silverton with backup services. (Inspection request
form shall include the site location, type of inspection needed, and permit
information).
10. Remit payment to Woodburn within 30 days of receipt of monthly request for
payment by Woodburn. Woodburn shall submit final invoice for work
completed under this agreement not later than 30 days after expiration date of
the agreement.
III. WOODBURN OBLIGATIONS
Woodburn shall:
1. Perform inspections and plan reviews on behalf of Silverton, as requested by
Silverton.
2. Comply with all ORS and OAR requirements and regulations pertaining to the
inspection and plan review programs.
3. Provide State of Oregon certified/licensed inspectors to perform all
inspections.
4. Complete Inspection Report Form provided by Silverton.
5. Provide identification upon entering job site and state the reason for the site
visit.
6. Provide a copy of the completed inspection report to Silverton within 24
hours of completion of the inspection.
7. Comply with the inspection notification requirements of applicable ORS and
OAR.
8. Provide Silverton a monthly request for payment to be submitted with a list of
the inspection requests and plan reviews completed listing each day and
number of hours performing plan reviews.
9. Send a request for inspection to Silverton the morning of the requested date
of inspection after first verifying with the Silverton Building Official that
adequate staffing exists to provide Silverton with backup services. (Inspection
request form shall include the site location, type of inspection needed, and
permit information).
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218
10. Remit payment to Silverton within 30 days of receipt of monthly request for
payment by Woodburn. Woodburn shall submit final invoice for work
completed under this agreement not later than 30 days after expiration date
of the agreement.
IV. MUTUAL FINANCIAL OBLIGATIONS
1. Silverton and Woodburn agree to pay each other for services provided under
this agreement at the rate of$100 per hour, with a minimum of two hours for
each daily occurrence. These rates may be adjusted annually (in writing) to the
mutual satisfaction of both parties.
2. Payment under the terms of this agreement is separate from and in addition to
the payments made under any existing agreements between Silverton and
Woodburn.
3. All requests for payment shall be submitted to:
City of Woodburn
Ted Cuno, Building Official
270 Montgomery Street
Woodburn, OR 97071
City of Silverton Building Inspection
Daryl Jones, Building Official
306 South Water Street
Silverton, OR 97381
4. All requests for payment shall include documentation described in Section II (8)
and Section III (8) to justify payment under this agreement.
5. Silverton and Woodburn certify that at the time the agreement is written,
sufficient funds are available and authorized for expenditure to finance costs of
this agreement.
V. TRAVEL AND OTHER EXPENSES
No additional fees are a part of this agreement.
VI. RESPONSIBLE PARTIES FOR ADMINISTRATION
a. The primary organizations and officials responsible for conducting the
administrative requirements of this agreement are:
IGA Inspections and Plan Review Page 3
219
City of Woodburn: Ted Cuno, Building Official
City of Silverton: Daryl Jones, Building Official
VII. RELATIONSHIP OF THE PARTIES. Nothing in this Agreement is intended, or is to be
deemed to create a partnership or joint venture between the parties. Both parties shall
remain solely responsible for the employment and direct supervision, scheduling, safety,
and performance of its employees while they are assigned to work under this Agreement.
This responsibility also includes, among other employer obligations, providing for workers
compensation coverage, payroll and wages, and associated benefits.
VIII. NON-PERFORMANCE
Neither party shall be held responsible for delay or failure to perform when such
delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public
enemy, unusually severe weather, legal acts of public authorities, or delays or
defaults caused by public carriers, which cannot be reasonably foreseen or provided
against. Either party may terminate the agreement, effective with the giving of
written notice, after determining such delays or failure will reasonably prevent
successful performance in accordance with the terms of this agreement.
IX. INSURANCE AND INDEMNIFICATION
Woodburn shall, to the extent permitted by the Oregon Constitution and by the
Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of
Silverton and its officers and employees from any and all claims, suits, and liabilities
which may occur in the performance of this agreement.
Likewise, Silverton shall, to the extent permitted by the Oregon Constitution and by
the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the City of
Woodburn and its officers and employees from any and all claims, suits, and
liabilities which may occur in the performance of this agreement.
Each party shall insure or self-insure and be independently responsible for the risk of
its own liability for claims within the scope of the Oregon Tort Claims Act (ORS
30.260 to 30.300)
X. NONDISCRIMINATION
The parties agree to comply with all applicable requirements of Federal and State
civil rights and rehabilitation statutes, rules and regulations in the performance of
this agreement.
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XI. COMPLIANCE WITH APPLICABLE LAWS
The parties agree that both shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this agreement. The parties
agree that this agreement shall be administered and construed under the laws of
the State of Oregon.
XII. AMENDMENTS
The terms of this agreement shall not be waived, altered, modified, supplemented
or amended except by written instrument signed by both parties, with the exception
of the annual review and modification of rates. This agreement may be extended
upon mutual written agreement for a period not to exceed two years from original
expiration date.
XIII. TERMINATION
This agreement may be terminated by mutual consent by both parties or by both
party upon 30 days' notice, in writing, and delivered by certified mail or in person.
XIV. TERM OF AGREEMENT
This Agreement shall become effective on the date on which every party has signed
this Agreement. This Agreement shall expire, unless otherwise terminated, or
extended by amendment, on July 1, 2021.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed in their respective
names by their duly authorized representatives as of the dates set forth below.
THE CITY OF SILVERTON THE CITY OF WOODBURN
Christy Wurster Scott Derickson
City Manager City Administrator
Date Date
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