The URL can be used to link to this page

Agenda - 08/26/2002e AGENDA ~VOODB URN CITY COUNCIL AUGUST 26, 2002 - 7..00 P.M. 270Montgomery Street ~ ~ Woodburn~ Oregon CALL TO ORDER AND FLAG SALUTE ROLL CALL ANNOUNCEI~ENTS AND APPOINTMENTS AnnouncementS: A. Music in the Park, August 27, 2002 - 7:00 p.m. Maharimbas Marimba and steel drum band, Library Park. Be Ce Do Labor Day Closures: City Hall, the Aquatic Center and the Library will be closed on Monday, September 2, 2002 in observance of the Labor Day holiday. Woodburn Public Library will be closed on Friday, September 6 2002 for! staff computer training. Fe Woodburn Public Library Sunday hours, 1:00 pm - 5:00 pm, will resume on September 8, 2002. Public hearing on the ambulance franchise will be held on September 1~/, 2002. Public hearing on the ambulance rate adjustments will also be held on September 1~2, 2002. Appointments: None PRESENTATIONS/PROCLAMATIONS A. 9-1-1 Consolidation Plan. Property Pride Awards to Dorothy Johanasson and Flomer Furniture presented by the Livability Task Force. 5. COMMITTEE REPORTS Chamber of Commerce. Woodburn Downtown Association. COMMUNICATIONS BUSINESS F.I~OM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) Page 1 - Council Agenda of August 26, 2002. ge 11. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. Ae Woodburn City Council minutes of August 12, 2002 regular and executive meetings .............................................. 8A Recommended action: Approve the Woodburn City Council minutes. De Woodbarn Planning Commission minutes of July 25, 2002 ............ 8B Recomn~ended action: Accept the Woodburn Planning Commission minutes, i Livabili~y Task Force minutes of July 15, 2002 ...................... 8C Recommended action: Accept the Livability Task Force minutes. Library Board minutes of July 17, 2002 ............................ 8D Recomt~ended action: Accept the Library Board minutes. Ee Claims for the month of July 2002 ................................. 8E Recommended action: Approve the claims. Fe Cleveland Street closure for Highway 99E Railroad Crossing Replacement ................................................... 8F Recommended action: Receive the report.: Ge County 9-1-1 Consolidation Plan .................................. 8G Recommended action: Receive the report. Storm Drainage Master Plan - Status Report ........................ 8H Recommended action: Receive the report. Liability, Auto, Property and Worker's Compensation Insurance for Fiscal Year 2002-03 ........................................... 8I Recommended action: Receive the report. TABLED BUS][NESS PUBLIC HEARINGS A. SubdiviSion Application No. 02-03: A proposal to convert Woodburn Crest Estates Mobile Home Park into a 45 lot subdivision ............ 10A Recommended action: Continue the public hearing for Subdivision 02-03 to the October 28, 2002 City Council meeting. GENERAL BUSINESS Ae Council Bill No. 2410 - Resolution calling a special election to submit to the voters a question of contracting a General Obligation Bonded Indebtedness in the amount of $4,075,000 to construct, equip and furnish a city community center, construct and renovate parking Page 2 - Council Agenda of August 26, 2002. Ce to the voters a question of contracting a General Obligation Bonded Indebtedness in the amount of $4,075,000 to construct, equip and furnish a city community center, construct and renovate parking facilities; acquire property, as needed; construct related improve- ments and pay all costs incidental thereto .......................... Recomtn~nded action: Introduce and adopt Resolution Alternate #2 as Council Bill No. 2410. Council Bill No. 2411 - Resolution authorizing execution of a Police Records Management System Agreement between the City of Woodburn and the City of Silverton ............................ Recommended action: Adopt the resolution. Council Bill No. 2412 - Resolution authorizing execution of a Police R~cords Management System Agreement between the City of Woodburn and the City of Hubbard ............................ Recommended action: Adopt the resolution. llA 11B IIC 12. 13. 14. 15. Do Council Bill No. 2413 - Resolution entering into Transportation Growth Management Grant Agreement No. 19786 with the State of Oregon and authorizing the City Administrator to sign such agreement .......................... . .......................... llD Recommended action: Adopt the resolution. Ee Liquor license application: La Sierra Mexican Restaurant ............ 11E Recommended action: Approve a Compliance Plan as a condition of approval for a liquor license for La Sierra Mexican Restaurant; apprope a conditional Full On-Premise liquor license for La Sierra Mexican Restaurtmt. Fe Reject bid for Highway 214 sidewalk construction - Phase I .......... llF Recommended action: Reject ail bids received August 6, 2002for Highway 214 Sidewalk Construction - Phase I. Ge Marion County Growth Management framework ................... llG Recommended action: PUBLIC COM3IENT NEW BUSINESS PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. None CITY ADMINISTRATOR'S REPORT Page 3 - Council Agenda of August 26, 2002. 17. 18. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to the authority of ORS 192.660(1)(d) ADJOURNMENT Page 4 - Council Agenda of August 26, 2002. , , 8A COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 12, 2002. CONVENED. iThe meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Jennings Present CouncilOr Bj elland Present Councilor Chadwick Present Councilor Figley Present CouncilOr McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Acting Police Chief Null, Community Development Director Mulder, Park Director Westrick, Community Relations Officer Meza, City Recorder Tennant 0043 n - otr CEM rrs. A) Public Hearing: A public hearing will be held before the City Council on Monday, August 26, 2002, 7:00 p.m., regarding the Woodburn Crest Mobile Home Park conversion. B) 2002 Woodburn Sports Festival will be held August 16~ - August 18~h featuring the 25~ Annual Woodbum Tennis Tournament, a co-ed softball tournament, and the 3rd Annual Walt's Run on August 17th. C) Music in the Park: Tuesday, August 13th, 7:00 p.m., at Library Park - Roundhouse (Bluegrass favorites) Tuesday, August 20th, 7:00 pm, at Library Parks - J.T. and the Tourists (Pop and rock and roll) Tuesday, August 27th, 7:00 pm, at Library Park - Maharimbas (Marimba and steel dram band) D) Mayor and Council positions: The filing period for the positions of Mayor and City Council Wards Iii, IV, and V closes on Tuesday, August 27, 2002, at 5:00 p.m.. Application materials are available at the City Recorder's office. Page 1 - Council Meeting Minutes, August 12, 2002 TAPE READING 0121 0907 1016 1081 COUNCIL MEETING MINUTES AUGUST 12, 2002 PRESENTATION: Certificate of Accomplishment - Woodburn Senior National Baseball Team. Park & Recreation Director Westrick introduced Coach Dan Christensen who led Woodbum's Senior National Baseball Team (13-14 age group) to a Clackamas County league championship, various other baseball tournaments, and runner-up in the State tournament. Dan Christensen stated that the players worked hard this year and they were successful. He stated that the players are all dedicated individuals who are willing to work hard in order to improve their skills. The team that won the State Championship this year also won the State Championship last year but the Woodburn team did play this team earlier in the season and they had only beat Woodburn by 1 run. The team's win-loss record was 26-3. He envisioned a great furore for the high school program if these players continue to be dedicated to this sport. He introduced Team Manager George Bonner and Coach Jon Wolfer. He proceeded to introduce the following players and provided a brief summary of the positions played and batting skills: Brandon Perkett, Amulfo Marino, AJ Christensen, Austen Wolfer, Victor Tenorio, Sesar Hernandez, Justin Maravioff, Travis Runyon, Nick Bonner, Skylar Attaway, Daniel Avgi, and Femando Elias. Coach Christensen thanked the City for their support of the youth baseball programs, and for their continued support in funding playing field improvements at Centennial Park. He also thanked the parents for their support over the years. Mayor Jennings congratulated the team and coaches for their accomplishments during this baseball season. He read the Certificate of Accomplishment which was presented to the Senior National Baseball team. CHAMBER OF COMMERCE REPORT. Pete McCallum, representing the Chamber, distributed a copy of the Chamber's monthly statistical report to the Council. He stated that the Chamber will be hosting a Chamber Forum on August 20th, 12:00 noon, at Woodbum Crossing with the guest speaker being US Representative Darlene Hooley. He encouraged interested citizens to attend this forum. LETTER FROM TERRY WILL: Tree Preservation Issue. Councilor Sifuentez stated that she had received the letter, dated August 6% from Terry Will. Copies of the letter were distributed to the Council as an informational item, and to the City Administrator who will be working on a draft ordinance on this issue. The Mayor stated that he wanted this letter entered into the record. CONSENT AGENDA. A) approve the City Council regular and executive session minutes of July 22, 2002; B) accept the Planning Commission minutes of June 27, 2002 and July 11, 2002; 8A' Page 2 - Council Meeting Minutes, August 12, 2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING C) receive the Building Activity Report for the month of July 2002; D) receive the Planning Project Tracking Sheet dated August 1, 2002; E) approve the Claims for the month of June 2002; F) receive the Police Department Activities report for June 2002; and G) receive the Community Center Planning Committee update. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. The motion passed unanimously. 1101 1131 LIQUOR LICISNSE APPLICATION: SAFEWAY STORE//1976, 1550 N. Pacific Hiehway. Staff recommended the approval of a Off-Premise Sales liquor license to Safeway, Inc. for their new outlet located at 1550 N. Pacific Highway. FIGLEY/MCCALLUM... approve an Off-Premise Sales liquor license for Safeway, Inc. at its new location of 1550 N. Pacific Highway. The motion passed 5-1 with Councilor Nichols voting nay. CONTRACT AWARD: WEST LINCOLN STORM DRAIN AND HAYES/HALL STORM Bids for the two storm drain improvements (project #2001-047-29) were received from the following contractors: Valley Pacific, $303,753.50; Warren Contractors, $341,602.00; Dirt, Inc. $343,114.00; Ken Leahy, $347,144.00; Dunn Construction, $348,896.50; Emery & Sons, $364,901.00; Geico Construction, $409,486.00; Clackamas Construction, $421,594.00; Kerr Construction, $424,370.00; Canby Excavating, $489,848.00; and Banzer Construction, $571,318.00. The engineer's cost estimate for this project was $337,891.00. FIGLEYfNICHOLS... award the contract for West Lincoln and Hayes/Hall Storm Drain Improvements to thc lowest responsible bidder, Valley Pacific Construction, Inc., in the amount of $303,753.50. Mayor Jennings questioned if the storm drain improvement is the first stage in getting West Lincoln Street paved. Public Works Tiwari stated that this improvement is necessary before the street can be paved. The motion passed unanimously. 1182 BID AWARD: MUNICIPAL WELL CONSTRUCTION. Bids were received from the following contractors: Jensen Drilling Company, $317,650.00; Schneider Equipment, Inc., $398,392.00; and Geo-Tech Explorations, Inc., $443,528.00. FIGLEY/NICHOLS .... award the bid for municipal well construction for two water wells to Jensen Drilling Company in the amount of $317,650.00, with construction of the 8A Page 3 - Council Meeting Minutes, August 12, 2002 TAPE READING 1267 1422 COUNCIL MEETING MINUTES AUGUST 12, 2002 second well being contingent upon ability to have suitable property available for commencement of drilling within 60 days al~er the completion of the first well. Public Works Director Tiwari stated that the first water well will be drilled in property owned by the City adjacent to Centennial Park, however, the second location has not been determined as of this date. The motion passed unanimously. REJECTION OF BOONES FERRY ROAD STREET IMPROVEMENT BID PROTEST. FIGLEY/BJELLAND... reject the bid protest filed on the project, declare that Wayne Jeskey Construction is the lowest responsible bidder, and adopt the attached findings prepared by the City Attorney (refer to memo dated August 7, 2002 included in the agenda packet). City Attorney Shields that the parties were noticed and, prior to taking any formal action, he suggested that the Council take any testimony from the parties if they are present at this meeting. He stated that under state law and Coancil rules, a bid protest requires that people are allowed the opportunity to address the issue before final action is taken. No one was present at the meeting to comment on the issue. Councilor McCallum stated that he had previously declared a conflict of interest on the Boones Ferry Road improvement project and, since this is a bid protest on the work that would be done within the improvement district, he maintained his declaration of a conflict of interest. He stated that once Council actions are taken that are outside of the improvement district, he will resume his ability to discuss and vote on issues. On roll call vote, the motion passed 5-0 with Councilor McCallum not voting due to his conflict of interest declaration. CONTRACT AWARD: BOONES FERRY ROAD STREET IMPROVEMENTS. Bids for the installation of electrical undergrounding, and sidewalk/curb from the School property to Vanderbeck Lane, and construction of a water main loop north of Vanderbeck Lane were received from the following contractors: Wayne Jeskey Construction, $920,412.60; Capital Concrete Const. Co, $962,263.92; Morse Bros, Inc., $981,168.25; North Santiam Paving Co., $1,040,605.20; Parker Northwest Paving, $1,126,990.65; C.V.S. Contracting Ine, $1,146,947.20; D & D Paving, $1,136,849.82; and Salem Road & Driveway, $1,244,647.01. FIGLEY/NICHOLS .... award the construction contract to the lowest responsible bidder, Wayne Jeskey Construction, in the amount of $920,412.60 for the Boones Ferry Road street improvement but require phased construction per the schedule in the document which is part the Council package. Public Works Director Tiwari stated that the Council has previously expressed their desire to have a walkway on the west side of Boones Ferry Road and this project will ' 8A' Page 4 - Council Meeting Minutes, August 12, 2002 TAPE READING 1559 1616 COUNCIL MEETING MINUTES AUGUST 12, 2002 carryout the wishes of the Council. He stated that this project is part of the overall LID project so there Will be some costs charged to the local improvement district unless the Courts decide sc~mething different. Administrator Brown stated that this work will be completed and, if necessary, the City will be using the entire City share of the LID allocation on this project if the some other action is taken by the court. On roll call vote, the motion passed 5-0 with Councilor McCallum not voting on the motion due to h~ conflict of interest declaration. PLANNING COMMISSION ACTIONS. A) Planning Co~mission approval of a Planned Unit Development 02-01, Conditional Usc 02-02, and Variance 02-02: Modification of the Miller Farm Planned United Development. B) Community Development Director's approval of Site Plan Review Case No. SPR 01-14: Remodel l of the Woodbum Shell Station. No action was taken by the Council on either of these items. MAYOR AND COUNCIL REPORTS. Mayor Jennings thanked all of the participants in the Mayor's Cup Golf Tournament last Friday which was another huge success. He also thanked the corporate sponsors of Woodbum Company Stores, Big Three Auto Dealers, Silverton Hospital, and Tukwila Center for Health and Medicine. He suggested that this tournament be a Woodburn signature event and the committee members have expressed a willingness to continue their work in organizing next year's tournament. Additionally, he encouraged the Councilors and the public to participate in the 3~ Annual Walt's Run on Saturday, August 17t~, beginning around 8:00 am. It is anticipated that Walt Lawson will be in attendance to start the event. Councilor Figley wished Administrator Brown a "Happy Birthday" a few days early. Councilor McCallum congratulated the staff and organizers of the Berry Festival for their work on this project and he hoped that this will become an annual event for our community. Additionally, he had visited a number of neighborhoods on Tuesday, August 6th, as part of National Night Out and he appreciated the Police Department's distribution of educational materials on the noise ordinance and crime prevention. In regards to the Fiesta Parade, his observation was that the crowds seem to be getting larger and he is looking forward to next year's event. Councilor McCallum reported that he had attended an open meeting with the County Commissioners and their staff on July 25, 2002 regarding the construction of a Juvenile Detention Center. The meeting was held in Woodburn with about 24 hours notice and he, 8A Page 5 - Council Meeting Minutes, August 12, 2002 ~ 8A' COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING along with Mr. Gervais from the Woodbum Independent, attended this meeting. He gave the group a number of items of input and reminded them of the Council's letter which listed concerns regarding implementation and future operations. A week following this meeting, on a 2-1 vote, the Commissioners decided to build this multi-million dollar facility in Salem without a vote of the people and they will use federal funds and County levy dollars to pay for the facility construction. Even though he still has concerns on this issue, there is nothing more that can be done by the City. Councilor McCallum questioned when the Council would be receiving the Community Center bond proposal for consideration. Administrator Brown stated that the next agenda packet will include a bond issue proposal for Council consideration. Mayor Jennings stated that he and his wife did receive a hot air balloon ride during the Berry Festival. Councilor Bjelland felt that the Berry Festival was an extremely well prepared operation and hopefully more people will be in attendance at next year's event. There was plenty of good music and excellent food and, in his opinion, this event has the potential for an excellent event for the City. Councilor Bjelland also questioned the status of the temporary structures for Taco and Coffee stands within the City. Administrator Brown stated that the City had provided a courtesy notice to owners/operators at the beginning of July 2002 to let them know that they were no longer allowed to operate where they had been due to changes in the City's Development Code. Under the new Code, these operations are still allowed in areas zoned Industrial. This courtesy letter gave operators an opportunity to make other arrangements, however, now that August 1 ~t has passed, the City is in the process of providing due process and civil abatement on each of those owners/operators who have chosen not honor the City's request to either move their operation or to close. There appears to be 3 facilities still operating and subject to the abatement process. A fourth operation is located adjacent to the Shell Station and they will be moving their operation into the building. This operation will be allowed to continue to operate in the temporary structure with the understanding that it will be a very temporary situation and they have made the effort to find room inside a permanent structure to operate their business. In regards to the mobile food unit which is located just across from the south driveway of Roth's, the property is located outside of the city limits and the Development Code does not apply. Councilor McCallum questioned if abandoned structures are under the same time frame for removal. Administrator Brown stated that staff is taking this issue one step at a time and they are dealing with active businesses at this time. Once this has been accomplished, staff will be addressing the abandoned structure issue. Page 6 - Council Meeting Minutes, August 12, 2002 TAPE READING 2738 2835 COUNCIL MEETING MINUTES AUGUST 12, 2002 Councilor Sifuemez thanked all of the individuals that are involved in the National Night Out. In her visits at various neighborhoods, she found that it was an excellent opportunity for the City to build a better understanding with citizens of what the community has to offer. Councilor Chadwick stated that she also attended and enjoyed the Berry Festival. EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn to executive session under the authority of ORS 192.660(1 )(h), ORS 192.660( 1 )(f), ORS 192.660(1 )(d), and ORS 192.660(1 )(i). Attorney ShieldS stated for the record that the Council would be adjourning into executive session on issues pertaining to litigation, negotiations, and performance evaluation of the City Attorney. He declared that he has a conflict in terms of his ability to provide legal advice in terms of evaluating his performance. Additionally, he has a right to an open hearing under the state statute, however, he is waiving his fight for an open hearing. FIGLEY/NICHOLS .... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:46 pm and re. convened at 9:25 p.m.. Mayor Jennings stated that no decision was made in executive session. Administrator Brown stated that he will be out of town on vacation from September 3 - 14, 2002. He will be designating individuals in charge of various city operations at the next meeting. Councilor Sifuentez questioned the status of the Association (Salud) building on Front Street. Administrator Brown stated that the contractor has been doing quite a bit of work lately and the City is getting ready to hire an architect to work on the bid specification for the facade work. Mayor Jennings questioned the status of the Skate Park. Administrator Brown stated that it is his understanding that the City will soon be going out to bid on this project and, assuming that the money comes through, it will be started by this fall. FIGLEY/NICHOLS .... authorize a 7% salary increase to the City Attorney effective August 1, 2002 with the allocation of the increase between salary and benefits to be determined by the City Attorney with Personnel staff, and allow the establishment of a 401 (a) plan. The motion passed unanimously. 8A Page 7 - Council Meeting Minutes, August 12, 2002 COUNCIL MEETING MINUTES AUGUST 12, 2002 TAPE READING 3124 ADJOURNMENT. FIGLEY/MCCALLUM .... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:30 p.m.. ' 8A' APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodbum, Oregon Page 8 - Council Meeting Minutes, August 12, 2002 Executive Session COUNCIL MEETING MINUTES August 12, 2002 8A DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 12, 2002. CONVENED. The Council met in executive session at 7:50 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Jennings Present Councilor Bjelland Present Councilor Chadwick Present Councilor Figley Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown (7:50 pm until 8:35 pm), City Attorney Shields (7:50 pm until 8:35 pm then returned at 9:02 pm until adjournment), City Recorder Tennant The executive session was called under the following statutory authority: 1) To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h); 2) To consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(0; 3) To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660(1)(d); and 4) To review the employment-related performance of the City Attorney pursuant to ORS 192.660(1)0). ADJOURNMENT. The executive session adjourned at 9:24 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Term_am, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, August 12, 2002 WOODBURN PLANNING COMMISSION July 25, 2002 CONVENED The Planning Commission met in a regularly scheduled session at 7:00 p.m. with Chairperson Cox presiding. ROLL CALL Chairperson Cox P Vice Chairperson Lima P Commissioner Young P Commissioner Grosjacques P Commissioner Mill P Commissioner Bandelow P Commissioner Lonergan P Staff Present: Jim Mulder, Community Development Director 8B MINUTES A. Woodburn Plannling Commission Minutes of June 27, 2002. Chairperson Cox pointed out his comment found on page 10 and requested the sentence read "...apportioned that cost to the property owner is still open for debate." Commissioner Loner.qan moved to accept the minutes with the noted correction. Vice Chairperson Lima seconded the motion. Motion unanimously carried. B._= Woodburn Planing Commission Minutes of July 11, 2002. Commissioner Mill referred to his comment found on page 5 and noted correction be made to change the word 'mute" to 'moot". Commissioner Grosjacqu(~s moved to approve the motion with the above mentioned correction. Motion was seconded by Commissionf~r Mill, which unanimously carried. BUSINESS FROM THE A~IDIENCE Jerry Jennin.qs, P.O. Box :~2, Clackamas, OR 97015 referred to the issue raised at the public hearing last week regarding tax revenues to the City. He clarified he has diligentlytried to fill the manufactured home park to no avail in the past two years which obviously impacts the City's tax revenues. Secondly, he informed the Commission the City receives approximately $4,000 per lot in additional application fees with the transfer of a manufactured home park from a rental park to a land ownership like a subdivision. Mr. Jennings also commented he has 33 spaces left of which the City would receive another $132,000 in permit fees which is direct revenue that would go to the City Building Department fund and is not shared with County, State, Highway etc. Chairperson Cox interjected he really thinks these arguments are things that are better stated to the City Council. Jerry Jennings indicated he understood that and stated the Commission may take his comments as generic to conversion from a manufactured home park to a for sale subdivision. He also asked the Commission to reconsider, re-poll and re-vote tonight given the fact that there would be a lot of revenue and tax base for the City because a person could sell the lots. Planning Commission Meeting - July 25. 2002 Page 1 of 3 Chairperson Cox remarked although the Commission are not unsympathetic to Mr. Jenning's financial problem, it is not the Commission's role to address that. He explained he believed the only way it may be opened for reconsideration is that if one of the person's who voted on the prevailing side of the motion would ask that it'd be opened for reconsideration. Commissioner Younq reminded everyone the Commission is only making a recommendation, not a decision. Anthony Howe, 1621 Grapite St., Woodburn, OR 97071 reported he found in his research after the last meeting that since the Statute was passed by the State of Oregon that requires cities to make available to buy their property, Planning Commissions from Donald, Aloha, Wilsonville and Keizer all tried to vote it down and when it went to the City Council there was a big legal hassle and they all got overturned. He indicated there is a State Statute that provides people like himself the opportunity to buy the property. Chairperson Cox interjected Mr. Howe is rearguing the Planning Commission's decision and told Mr. Howe the time for him to provide his comments is when this matter comes up before the City Council on Monday, August 26th. COMMUNICATIONS A. City Council Workshop Minutes of June 18~ 2002 B.~. City Council MinlJtes of June 24, 2002 PUBLIC HEARING None ITEMS FOR ACTION A. Final Order for ~ubdivision 02-03, proposal for the conversion of the Woodburn Crest Manufactured Hclme Park to a 45 lot subdivision located at 2050 Molalla Road (Highway 211), Rick Givens, aPRlicant. Commissioner Loner.qan ir~quired what would it take for an applicant to come back, irregardless of whether the Council upholds the Commission's position, if they resubmitted a 42 unit and 2 tot lots? Staff replied the applicant can resubmit a 40 lot after the Council took their action assuming the Council were to uphold the Commission"s recommendation and assuming that the applicant did not appeal that to LUBA. He further indicated the issue of it not being a legal manufactured home park would not change if the applicant came back with a 40 or 42 lot manufactured home park in compliance with the original decision. Commissioner Bandelow asked if submittal of a brand new application with the streets as private would still be open for the applicant? Staff responded affirmatively. Additionally, he said the applicant has been told that they could come in with a PUD request and then there is nothing to stop the Planning Commission from approving however many lots in whatever configurations lhat complywith the density for that multiple family zone. He also commented there was some discussion about the possibility of converting the streets and infrastructure to facilities that the City could accept. Vice Chairperson Lima moved to approve Final Order SUB 02-03 as written. Commissioner Grosiacques seconded the motion. Motion carried. a~ Final Order for PUD 02-01~ CU 02-02 and VAR 02-02~ proposal for the modification of Planned Unit Developmen.t (PUD) Case File No. 92-01, known as "Miller Farm", to allow for 16 lots In phase II, located oorth of Highway 214, south of Tukwlla Drive, west of Miller Farm Road and east of Boones Ferry Road, Michael Finkelstein, applicant. ' 8B Planning Commission Meeting - July 25, 2002 Page 2 of 3 Vice Chairperson Lima moved to approve Final Order PUD 02-01, CU 02-02 and VAR 02-02 as written. Commissioner Bandelow seconded the motion, which unanimously carried. DISCUSSION ITEMS None REPORTS Staff reported the City Council directed Staff on Monday to prepare a tree preservation ordinance and bring it through the Planning COmmission as a recommendation to City Council quickly. He anticipates having something on the next agenda as a discussion item. Furthermore, he stated there are several issues to be looked at in detail that are actually affected by what the ordinance actually ends up saying. Staff also reported it could potentially be many months away before the Council could adopt the ordinance and become effective. If that is the case, then thei potential for either an emergency ordinance for something in the interim or actually a moratorium on cutting tree down needs to be discussed before the next Commission meeting so that Staff will be able to report back. He stated there presently is a tree preservation ordinance that was adopted as part of the new Development Ordinance. However, that ordinance was not intended to prevent the cutting of an individual tree or actually up to three trees on a residential parcel under half an acre. It was more or less intended to prevent clear Cutting of parcels prior to development because it only allows removal of up to one significant tree (diameter greater than 24") per calendar year on any property that is not single family and less than % acre. BUSINESS FROM THE (~OMMISSION Commissioner Bandelow requested an update on the status of the Boones Ferry LID. Staff reported there was an appeal and at this point Staff has put the record together so the appellant has 21 days from that point to file their brief. He stated it may take months before this is resolved. Commissioner Bandelow also inquired whether there will be no cl~ance at this point of anything getting done? She expressed concerns regarding the safety for the children because they have nothing to walk on except on the pavement of Boones Ferry because there is no sidewalk nor gravel. They either have to walk in mud or on the highway. Chairperson Cox interjected the City Attomey has not reached any decision yet about whether they are going to delay the construction schedule or not. Additionally, he asked for the status of DLCD's decision regarding the approval or disapproval of the Woodbum Development Ordinance. Staff remarked DLCD had 21 days to respond one way or another and it is past that period and nothing has been heard or received from them. It is assumed they did not have a problem with it or at least they are going to wait until later in conjunction with completion of pedodic review. ADJOURNMENT Commissioner Grosiacques moved to adjourn the meeting. Motion was seconded by Vice Chairperson Lima. Motion unanimously carried. Meeting adjoumed at 7:30 pm. ATTEST APPROVED ~SON Jim ~,f~er, Date Cord~_~nity Development Director City of Woodburn, Oregon DATE 8B Planning Comtni~ton Meeting - .luly 25, 2002 Page 3 of 3 The City of Woodburn LiVability Task Force Mission Statement: 'it is the mission of the Livability Task Force to create and promote programs that result in a cleaner community where there is pride in property ownership, with a full range of commercial services, and witll ample recreational, cultural, and entertainment activities for all age groups. It is the Task Force'S further mission to create ahd promote an environment where all residents can feel safe, will interact with each other, will celebrate their unique traits and diversity, and can share a strong and common sense of community." 8C Woodburn Livability Task Force Meeting Minutes - July 2002 City Hall Conference Room ~ July 15, 2002 ~ 7:00 pm 1. Call to Order Meeting called to Order in the City Hall Conference Room at 7:10. Task Force Membqrs: Pete MeCallum Present Mike Bergeron Present Lisa Ellsworth Present Betty Guzman Present Staff: Kezia Merwin Present Jane Chfistoff Nancy A. Kirksey JoAnn Bjelland Phyllis McKean Guests: Bob Shields Javier P&fecto Paul Null Present Present Present Present H H m Approval of April 16, 2002 Meeting Minutes Introductions Javier Perfecto, Community Relations Officer for the City, spoke about his job goals and how the Livability Task Force might work with him on several projects. Particularly some of the ordinance education efforts, public service announcements in Spanish, and Newsletters (Spanish and English). Nuisance Ordinance Review with Bob Shields and Paul Null. Paul Null and Bob Shields both reported that the police officers are still being trained on the parameters of the noise ordinance component of the ordinance changes. Such things like dogs barking, regular noise, and amplified sound are all treated differently by the ordinance. The ordinance also deals with the matter of porta potties, and what it appropriate in certain zoned areas. The vehicular matters covered under the nuisance ordinance will be junked vehicles and related nuisances. Cratbage containers were another matter that will be dealt with by the ordinance. Time limits of ctubside garbage are to be addressed. Phyllis also stated that the ordinance should address the issue of freezers and refrigerator stored Livability Task Force Minutes July 15, 2002 ~ Page I of 2 8C VII VIII. IX outside without locks. Bob stated that it is included, as it is a nuisance and a safety matter. Pete brought up the subject of availability of the ordinances for the public and where they should be obtained. Currently copies are at the library and for a fee, can be copied at City Hall. Recognition PrOgram. Next meeting will determine the next round of property pride award winners. Next Meeting Date. Set for August 6th Adjourn The Committee adjourned at 9:10 p.m. Livnbility T~*k Force Minute, .July rS, 2002 ~, Pal/e 2 of 2 8D MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: JULY 17, 2002 Phyllis Bauer Marie Brown Ardis Knauf I~ay Kuka - Present Kevin Schiedler - Present - Present Pat Will - Present - Present Mary Chadwick - Present - Present Ex-Officio STAFF PRESENT: Linda Sprauer, Director Jpdy Coreson, Recording Secretary GUESTS: Rick Lindholm from the Lindholm Company, Edgewater Associates; Carol Hildebrand; and Mike Smith from Hillsboro Public Library. CALL TO ORDER: President Kay Kuka called the meeting to order at 12 Noon. SECRETARY'S REPORT: The monthly Board minutes of, May 8, 2002 were approved as sUbmitted. The scheduled monthly June meeting was not held because of a lack of quorum. CORRESPONDENCE: None PUBLIC COMMENT: None DISTRICT FEASIBILITY STUDY: Rick Lindholm from the Lindholm Company, Edgewater Associates, reported on the LSTA Marion County District Feasibility Study. The study showed that it would not be advantageous for Woodburn Public Library to form a district with the surrounding areas at this time. The possible mergers with the Silver Falls Library District was rejected because of the steep tax differential between the two districts. Due to the high current cost of the Woodburn Public Library, it does not seem feasible to create a district including only the surrounding school district. It was not recommended for a Mt. Angel/North Marion District. DIRECTOR'S REPORT: OLD BUSINESS: Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for May was 15,469 and June was 13,674. Activities: A list of activities was distributed to the Board. Music in the Park will be held Tuesday evenings at 7 pm in the Library Park. Programs scheduled are: July 16, "Severin Sisters", Bluegrass and Cop original material; July 23, Bill Hughes Band, delightful jazz arrangements; July 30, "Invasion Nortena", Latino music from Northern Mexico; August 13, "Roundhouse", Bluegrass favorites; August 20, "J.T. & the Tourists", pop and rock and roll; and August 27, 'Maharimbas", Marimba and steel drum band. The children's Summer Reading Program's theme is "Don't Bug Me, I'm Reading". Scheduled programs are: "The Reptile Man", "Mr. Bob's Music Fun", '1Magical Fun with Bob Eaton", "The Galliump Girls", "The Carmen Bernier-Grand", guest author, and the "Mad Science Program". Saturday at the Library activities are continuing. Volunteer of the Month: Donald Reeves was chosen Volunteer of the Month for June and Lois Wengenroth for July. Grant Activity: Through the LSTA (Library Service and Technology Act), a grant was received for the purchase of Spanish language parenting materials. The Oregon Historical Society Folklife program, supported by the Library Services and Technology Act, will provide Latino cultural displays and programs at the library. Staff: Beverly Phillips, Children's Librarian, will be returning August 1 from a Leave of Absence. Jeannie Rogers and Connie Constante have done an outstanding job in her absence. Nicolette Wonacott, Circulation Librarian, has resigned. Dan Peterson has been hired as the Assistant Library Director. Library Board Opening: There is an opening on the Library Board to replace Barbara Pugh who has resigned. Aisc Kevin Schiedler will be replaced by another High School student in the Fall. Board Reports: Some of the Board members reported on various areas of the library. Project Update - Carnegie Exterior: This project has been finished; however, landscaping needs to be done. Darkening shades have been installed in the Multi-Purpose Room. Library Board Minutes .- 7/17/02 2 The Board was given a draft of the Woodburn Public Library Strategic Plan 2002-2005. Linda requested the Board review it and respond with any additions. NEW BUSINESS: The Gates Foundation Grant: The library has received the grant funds to purchase the computers. Linda and Dan will attend a meeting concerning the computers before receiving the equipment. Four computers, a file server and a laser printer will be received by August 27th. Using wireless communications will give us more flexibility in placing the computers. Rearrangement of library areas needs to be done to accommodate the new computers. Training sessions for this equipment is scheduled for Thursday and Friday, September 5th and 6th. The Library Board approved closing the library for this training. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: None ADJOURNMENT: The meeting was adjourned at I pm. Respectfully Submitted, Judy Coreson Recording Secretary Library Board Minutes - 7/17/02 3 8E ~ooo oooooo ooo°°°88888 .... ~§§§§ ...... §§g8§~8oooooo§§§g§ oooo .... §§§~8OOoo 00000000 00000 ~~888~ 88888888888uuu~u ~ ~ ooooooggggg~ggggg 000000 00000 000 ~00~ oooE~EE~o .... ~DDD~oooooooD~DD~ ....... ooooooDD~D~ooooo~ .............................. § § ....... §§§§§ oo oooo o oooooooooooooooooooooo i~ ~< ~ < ~ o~ oooooZZZzz~i~§z=zzzzzi~§~§=zzzzzz~§~zz~==z~ooooooo ooooooo oooooo ooooooo888888~~ ~88oo8ooo~88¢ ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooooooooo 8E ooooooooooooooooooooooooooooooooooooooo oeoooo~~=========~======~=====~ooooooooo oooooo oooooo gggggg°° O0 O0 000000 000000000 000000 ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooooooooooooooooooooooooooooo 8E ~ oo oo ooooooo ooooo oooo ......................... ~ ........................ ~ §g§§§g§§§§§oo~oo§§§gg§oo §§§~§ ..... §g§g§§ ooooo~ § oooogZ~z~ gggooooooooZ~zz~g ooooooo~ZZ~z~ § gooooo~Z~g~88898 ooooo ooooooooooooooooooooooooooo ooooooo oo 0 ~ ~ -~ ~0~0~ ~ omm ~ g~o~ ~q ~6 ~ ~oo-~g~ ~ ~o~ ~-o~~ ooo~ggo ggggggooooggggggooooooggggggoooooggggggoooooo2gggg"~ooo | 00~ oooooo ==zz==~$~oo zzzzz~~$~°°°°°° o oooooooooooooooooooooooooooooo o~oooooooooooooooooooooooooooooo o,oooooooooooooooooooooooooooooo MEMO 8F TO: FROM: City Council through City Administrator Public Works Program Manager-'~"~~/~'~f'~ SUBJECT: Cleveland Street Closure for Highway 99E Railroad Crossing Replacement DATE: August 19, 2002 Willamette Valley Railroad, with the assistance of the Oregon Department of Transportation, will be replacing the railroad crossing on Highway 99E near Cleveland Street with new concrete crossing pads from Monday through Wednesday, September 9 - 12, 2002. ODOT will have message boards placed along the highway prior to the work outlining the days of work and suggesting that drivers use alternate routes during the railroad crossing work. The traffic along Highway 99E will be reduced to two lanes for the repair and occasionally, for short periods of time only one lane of traffic will be allowed. ODOT maintenance crews will be signing and providing traffic control for the lane modifications. Some delays and congestion in the area can be expected during the crossing replacement. Work is scheduled to be completed prior to the start of the annual Mt. Angel Oktoberfest celebration. Due to its close proximity to the work and to ensured a safe work zone, Cleveland Street will be closed at Highway 99E. Cleveland Street will, therefore, also be restricted to local traffic only from Gatch Street to Highway 99E. Willamette Valley Railroad will be responsible for the rail crossing work. The city has previously agreed to pay $5,000.00 of the cost of the crossing replacement. ODOT will be providing an asphalt overlay to match the new crossing elevation to the existing highway. City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Date: From: To: Through: Subject: August 19, 2002 ~ Paul Null, Acting Chief of Pol Mayor and City Council John Brown, City Administrator County 911 Consolidation Plan 8G Recommendation: No action required by City Council House Bill 3977 The 2001 legislators expressed their intent that in the biennia beyond the 2001-2003 biennium, state 911 tax revenues will only be used to support one primary Public Safety Answering Point (PSAP) in each county. A major focus of the legislation is to facilitate consolidation of Primary PSAPs in multi-PSAP counties. To that end, the 2001 Legislature passed and the Governor signed HB3977. The House Bill contain.q the following: Extends sunset of the 911 phone tax to December 31, 2003. Requires counties with multi-primary PSAP's to jointly submit a 911 consolidation plan to Oregon Emergency Management for consolidation by September 1, 2002. Established a consolidation incentive fund from 911 revenue received in the 2001-2003 biennium exceeding 56 million dollars. Marion County PSAPs Marion County currently has four dispatch centers which receive 911 phone calls and are designated as Primary PSAPs. They are North Marion County Communication (NORCOM) located in Woodburn, Silver Falls Communication Center (SFCC) located in Silverton, Santiam Canyon Communications Center (SCCC) located in Stayton, and Willamette Valley Communication Center (WVCC) located in Salem. 911 Consolidation Committee In October 2001, every ambulance service, police, and fire department in Marion County came together to discuss IdB 3977 and it's implications. A committee was formed and met numerous tiraes over the course of this year to develop a PSAP consolidation plan as mandated by the house bill. The Consolidation Plan The consolidation plan assumes that all current dispatch centers will continue to be operational after the 911 consolidat!on plan is implemented. And, if the legislature forces 911 consolidation, Willamette Valley Communication Center (WVCC) will become the Primary PSAP for Marion County taking over all 911 communication. Once a 911 call is received by WVCC, the call will then be transferred to the appropriate dispatch center for dispatch of police, fire, or ambulance. The consolidation plan also establishes facility, equipment, and personnel requirements. The consolidation planning committee developed the final draft of the Marion Coun_tv 911 Consolidation Plan and were to take the plan back to their perspective boards for final approval prior to the submission deadline of September 1, 2002. Three of the four dispatch boards have approved the ftnal drafyDraft #7). On Monday duly 29~h WVCC Director Mark Bucholz advised the City of Salem would like to include language that provides the abilit_¥ to charge seconda~_ PS,,IP's for answering a~d transferring 911 calls, in the event future funding is reduced or eliminated. This language was added to draft #8. NORCOM, Santiam, and Silver Fails Boards re/ected the change in l~nguage, indicating issues relating to future funding would be addressed at a later date through an inter-agency agreement. ,ts of this date, it is unclear if WVCC will sign off on the consolida, tion plan as proposed. Fiscal Impact to the City of Woodburn NORCOM's current operational budget for FY 2002-2003 is $763,608. Using a per capita fee model, the City of Woodbum will pay NORCOM $254,556. this fiscal year to provide dispatch services to the police department. NORCOM's portion of911 tax revenues this fiscal year is estimated to be $170,000. If the legislature mandates 911 consolidation, it would mean NORCOM would lose $170,000. of future revenue which would have to be bom by NORCOM users. The City of Woodburn could be responsible for making up approximately 50% of the $170,000. shortfall. Recent Legislative Action In the third most recent legislative special sessions, the legislature extended the sunset of 911 phone tax to 2008. The legislature also redirected $7 million l~om the PSAP Consolidation Incentive Fund, leaving no identified funds to assist in the 911 consolidation. Future Options/Decision Facing NORCOM Users if 911 Consolidation occurs · Keep NORCOM operational and develop plan to replace 911 phone tax lose of $170,000. · Keep NORCOM operational as a Primary PSAP. (This would require NORCOM to be responsible for maintaining 911 phone lines and equipment which is currently paid for by Oregon Emergency Management) · Consolidate NORCOM with Willamette Valley Communication Center. (At this point in time the City of Salem is not interested in forming an ORS 190 even if dispatch consolidation occurs. · Consolidate NORCOM with Santiam and Silver Falls communication centers. 8G 9-1-1 Consolidation Plan For Marion County 8G Statement of Consolictation HB 3977, Section I (2)(a), signed by the Governor on July 3, 2001, states for each county with more than one Primary Public Safety Answering Point (P-PSAP), the P-PSAPs shall jointly submit to the Office of Emergency Management (OEM), by September 1, 2002, a written plan for the consolidation of the P-PSAPs including, but not limited to, requirements for the consolidation of facilities, equipment and personnel. There are currently four P-PSAPs in Marion County. They are Willamette Valley Communications Center (WVCC) in Salem, Silver Falls 9-1-1 Communication Center (SFCC) in Silverton, North Marion County Communications (NORCOM) in Woodburn, and Santiam Canyon Communication Center (SCCC) in Stayton. In accordance with HB 3977, representatives of the four Marion County P-PSAP's have met and developed the following plan to consolidate 9-1-1 call taking at one location, W'fllamette Valley Communications Center, as proposed in attachment 'A." Silver Falls 9-1-1 Communications Center, North Marion Communications Center and Santiam Canyon Co--cations Center do not support consolidation of 9-1-1 call taking. However, in order to comply with the Legislative requirement, we submit the following plan to OEM. Governance WVCC is a division of the Salem Police Department and governed by the City of Salem. WVCC contracts with other public safety agencies to provide 9-1-1 call taking, non-emergency call taking, police dispatch and fire dispatch services. As an expansion of service, WVCC will administer the 9-1-1 call taking program for all of Marion County. Policy, procedure and performance of WVCC is guided by an Advisory Board, made of up of one representative from each member agency. As a result of P-PSAP consolidation, one representative from each of the remaining Secondary PSAP dispatch centers will be added to the WVCC Advisory Board. Call FInndling & Transfer WVCC will answer the 9-1-1 call, determine the need for Police, Fire or Medical services, and confirmation of location of the incident. If the call requires police, fire, or medical response, it will be entered into the CAD system. Through a shared CAD system or a fully integrated CAD- to-CAD interface, all calls that will be dispatched by a Secondary PSAP dispatch center will Page 1 of 6 6/21/02 automatically appear at that dispatch center through the CAD system. In progress calls will be transferred immediately. Fundin~ Currently, local agency budgets do not include funding for this plan. All funding for plan implementation will be through the state Consolidation Incentive Fund established by HB 3977. For estimated costs for primary PSAP consolidation are included as "Attachment B" Disaster Recovery Piag / Alternate Site WVCC maintains a backup 9-1-1 center at Marion County Fire District #1 (Station #1). WVCC Disaster Recovery Plan is "Attachment C' to this document. Consolidation Time L~ne Development of Consolidation Plan: Identify Responsibilities for Call Handling Establish specific equipment needs Establish specific facility needs Establish specific personnel needs Develop Budget One Time Consolidation Expenses Recurring Expenses & Operational Cost Submit Plan: August 2002 Project Start Date: When required by state mandate with consideration for equipment installation. '8G An authorized member of each 9-1-1 jurisdiction within the county must sign this plan. Willamette Valley Communication Center Date Silver Falls 9-1-1 Communication Center Date Page 2 of 6 6~1~2 8G North Marion County Communication Date Santiam Canyon CommUnication Center Date Page 3 of 6 6/21/02 Attachment ~A~ Consolidation of Primary PSAPs to WVCC Facility WVCC occupies approximately 5,000 square feet in the basement of Salem City Hall. The facility does have the minimum! space available to handle the 9-1-1 consolidation. The uninterrupted power supply (UPS) and emergency power generator have sufficient capability to handle the additional load resulting from the consolidation of 9-1-1 services. However, there are several identified facility deficiencies. The facility does not meet FEMA standards for an essential facility. There is inadequate equipment room space. There is no redundancy in the heating and cooling system. There is no capability to close off outside air to protect against hazardoUs materials. The electrical grounding is substandard. Equipment Consolidation of 9-1-1 call answering will require the following additional equipmem: One (1) incoming 9-1-1 wire line telephone trunk One (1) incoming 9-1-1 wireless telephone trunk One (1) incoming 10-digit emergency telephone line Two (2) outbound telephone trunks Two (2) Meridian/Vesta 9-1-1 call taker PC workstations w/license Two (2) CAD PC workstations for call entry Two (2) console furniture positions Due to costly maintenance expense, the 9-1-1 telephone equipment at Santiam Canyon 9-1-1 and Silver Falls 9-1-1 will need to be replaced with standard PBX telephone equipment. Support Services Changing 9-1-1 call routing will require reconfiguration of the Master Street Address Guide 0VISAG) for all database entries not currently identifying WVCC as the primary PSAP. This will require coordination with each of the telephone providers in Marion County. In addition, each of the Wireless carriers with need to update their call routing in Marion County to deliver wireless calls to WVCC. WVCC maintains a GIS map for Marion County and the Cities within the county currently being served by WVCC. GIS map layer updates and/or verification will be required for the consolidating cities in the county (Eg. Woodbum, Stayton, Silverton, Hubbard...). Page 4 of 6 : 6/21/02 8G Personnel WVCC currently handles an average daily 9-1-1 call volume of 420 calls. NORCOM, Silver Falls, and Santiam canYon have a combined average daily 9-1-1 call volume of 120 calls. Using an average answer time of two rings 85% of the time as a performance measure, there is a need for one FTE per 30 average calls per day. The increase of 120 calls per day will require four (4) additional call takers at WVCC. WVCC currently manages a 9-1-1 service area consisting of approximately 900 square miles and 260,000 citizens. Consolidation would expand the service area to over 1,900 square miles and 350,000 citizens. An intensive training program centered on geography and response agency will be developed. It is estimated that each employee, about 60, will require eight hours of training to prepare for the expanded 9-1-1 service area. One support position will be added to address increased maintenance issues for county-wide mapping, MSAG, and Computer Aided Dispatch (CAD). This position will also serve as a public education officer to work with the public, public safety agencies, school districts, and others, on 9-1-1 education. Management and supervision for the expanded service will be provided by existing WVCC personnel. As a result of consolidation, there will be a reduction in 9-1-1 call volume at Santiam Canyon Communications Center. This workload reduction will result in the layoff of 1.5 FTE. There will be no change in personnel at NORCOM 9-1-1. There will be no change in personnel at Silver Falls 9-1-1. WVCC will follow ORS 236 as it pertains to said consolidation and the displacement of employees at the remaining Secondary PSAP dispatch centers. Page 5 of 6 '. 6/21/02 Attachment Estimated Costs to Consolidate Primary PSAPs Equipment Costs Phone line installation costs Telephone equipment {2 stations ~ 25k) Furniture (2 ~ 8k) Personnel training (Shrx 60 x $18) New PBX phone system for Santiam Canyon Upgrade PBX phone system for Silver Falls 9-1-1 CAD-to-CAD Interface - WVCC end CAD-to-CAD Interface - NORCOM end CAD-to-CAD Interface - Silver Falls 9-1-1 end Network Connection (WVCC to 3 sites) CAD system assessment/buy in Fee - Sanfiam Canyon $ 4,000 $ 5O,OOO $ 16,000 $ 8,64O $ 30,000 $ 5,OOO $ 60,0O0 $ 60,000 $ 30,000 $ 12,000 $ 53,000 **Note**: All costs listed herein are estimated and actual costs may vary. All actual costs should be funded through the Consolidation fund established by HB 3977. Recurring Costs All recurring costs associated with the 9-1-1 call transfer, to include CAD-to-CAD interface and possible yearly CAD system maintenance fees, are to be paid through state 9-1-1 funding. Page 6 of 6 .6/21/02 8I-I MEMORANDUM To: From: Date: Subject: The Mayor and Council through City Administrator David 'Forgeson, Assistant City Engineer ~ August 20, 2002 Storm Drainage Master Plan - Status Report Status of Master Plan The Master Plan was reviewed by City Council at the regular meeting July 22, 2002. The plan has been presented to the public for review and comment, and is now ready for review by Oregon Department of Land Conservation and Development (DLCD). Woodburn Community Development Department is responsible for periodic review of municipal facilities plans, and will receive input and comment from DLCD, pertaining to the Storm Drainage Master Plan.The final document will be will be returned to the Council (at a later date) for further action after comments are received. Page I of I - / EMORANDUM To: Through: From: Date: Subject: Mayor and City Council John C. BroWn, City Administrato~,.~ Mary Tennaat, City Recorder ~t~. August 22, 2002 Liability, Auio, Property, and Workers' Compensation Insurance for Fiscal Year 2002-03 Background: In the July 8, 2002 agenda packet, it was reported to you that City County Insurance Services (CIS) was the only company willing to provide the City with general and auto liability, auto physical damage, and property insurance for fiscal year 2002-03. Finalizing the coverage limits and the pricing has taken longer than anticipated since the reinsurance companies needed to make final approval on property coverage over $25 million before CIS could provide the City with an actual dollar amount for insurance. The insurance premium for general and auto liability and auto physical damage will be $138,479 which is an 11% increase over 2001-02. The liability coverage limit remains at $5 million single limit, and auto physical damage deductibles remain at $100 comprehensive and $500 collision. On the other hand, property insurance escalated in price due to the tightening in the reinsurance market lind our need to change to a different property insurance carder. Over the past several years, we had obtained property insurance coverage from sources other than CIS since the CIS propea'ty premium had generally been substantially higher. With the tightening of the market, the other insurance carriers elected not to submit a quote to our Agent of Record which placed us in a position of accepting the CIS quote. Changes in coverage limit include a reduction of the Flood and Earthquake limits from $10 million to $5 million, and a coverage exclusion for damages resulting from a terrorist attack. The insurance premium for property insurance will be $47,268 which is a 56% increase over 2001-02. Lastly, the quote from CIS for workers' compensation coverage continued to be the lowest of the two quotes received for participating in a guaranteed cost plan. The rate per $100 of coverage for each work classification remains about the same as last year, however, the City's experience rating increased by 13% due to an increase in our claim costs over the last 4 years (experience modification factor changed from .87 to 1.0). The 2002-03 premium for workers' compensation insurance will be $121,077. Financial Impact: The Self-Insurance Fund budget for 2002-03 did include a 15% increase in premiums for liability, auto, and property insurance, however, the total premium increase in these three areas was 20% resulting in a $7,000 additional expense to the City. The Workers' Compensation Insurance also incurred a premium increase over what was budgeted due to the loss experience rating change which was not known until after the budget was prepared. The Self-Insurance Fund does have operating contingency funds and, during the mid-year budget review process, staff will look at all of the expenses within this fund to determine if there is a need for a transfer of contingency appropriations in order to meet all of the expenses being incurred in this fund. IOA CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Date: To: From: Subject: Woodburn, Oregon 97071 (503) 982-5246 August ~6, 2002 Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development~//~ // SubdiviSion Application No. 02-03: A proposal t~ convert Woodburn Crest Estates Mobile Home Park into a 45 lot subdivision. Recommendation: Continue the public hearing for Subdivision 02-03 to the October 28, 2002 City Council Meeting. Background: Legal council for the applicant has requested that Subdivision 02-03 be taken off the August 26, 2002 coundl agenda to allow staff and the applicant to have further discussions regarding development options. The applicant has agreed to an extension of the 120 day rule to November 15, 2002. Staff recommends that the public hearing for Subdivision 02-03 be continued to October 28, 2002. Attachment: Attachment A - Letter from Timothy Ramis, dated 8-21-02 ,OAN BACHRACH, u_~ ATTORNEYS AT LAW 1727 N.W. Por6aad. O~8on 97209 '(~03).2:22-4402 Fag: (~3) 243-~9~ ~ ~ ~C~CH SO~ C CH~ E. ~R~* ~P~ ~. CREW ~DI T. D~R ~DD W, PAUL D, 8C~TZ ,N~N L DOMINIC G. COL~ OARY FIRILqTON E * NANCY 8. TAUMAN OF CO.UNgEL OREGON CITY OFFICE HIBBARD CALDWELL 8C'HULTZ RAMI8 &c~w 1001 MolaUa Ave., Sui',,e 200 p'.o. Bo~ Oreg~m Cilb', OR 9'7045 Oo~) ~.sr,-s2o9 Fax: (,503) 656.0125 ATTACHMENT ]~0A Augus~ 21, 2002 Bob Shields City Alttomey City of Woodbum 270 Montgomery Street Woodbum, OR 97071 ,Re: Subdivision 02-03 Woodbum Crest Estates Dear Bob: As you know, I represent the property owner in this application. This letter continua that we are requesting that the matter be taken off the August 26 council agenda, for additional consultation with the staff. I also confirm that we agree to extend the running of the 120-day clock in this case to November 15, 2002. Very truly yours, Timothy V. Ram. is TVR/~s Jerry Jennings Rick Givens *.,il~o Aclmgtea To PllClice la WasllinS'~oa ~'*AV, O AdmiRed TO Pl:aCt~C~ lO ~litornis ***,Aim .~ml~i ~ Praeti~ In tXsh ****Also AdmRt~! to l~'i(,S~ In New Jetse~ ' , llA Date: To: From: Staff R. po Woodbum Recreation:and Parks Department August 23, 2002 Mayor and citY Council via John Brown, City Admini_strat~r D. Randall Westrick, Recreation and Parks Director Community ~ter C~wteral Obligation Bond AuthorizalJon RECOMMENDATION: Approve Resolution Altemate ~ authorizing a Notice of Bond Election with ballot caption calling a special election for general obligation bonded indebtedness in the amount of $5,075,000 and pledging an amount not to exceed $1,564,200 from parks SDC's to pay pdndpal and interest over the life of the bonds to finance community center construction. BACKGROUND: In May of 2001, the Mayor and City Council appointed the Community Center Planning Committee and directed the Committee to complete four tasks including: 1. Select a site; 2. Develop a site plan; 3. Develop a floor plan; and 4. Draft a funding plan. On Apdl 22, 2002, the Committee presented to the City Coundl site and floor plans (attached) for the project along with construction estimates and a projected funding plan. At the City Council's July 22, 2002 meeting, the Committee showed the City Council perspective sketches (attached) depicting the building's elevations from the comer of Front and Oak Streets and Settlemier Park. DISCUSSION: The Community Center Planning Committee is proposing a funding plan as follows: Liquidation of ~urplus City Property Community Based Fund Raising Pdvate & Public Capital Development Grants G.O. Bond paid through Systems Development Charges G.O. Bond paid through ad valorem tax Total General Obligation Bond $1,564,200 $3,510,800 $ 500,000 $ 20,000 $ 300,000 $5,075,000* Total *Includes 1.5% for bond issuance costs $5,895,000 llA Two methods to pay the general obligation bonds are proposed. The first, listed above, supports a portion of the bond cost through parks Systems Development Charges. When the City Council adopted the methodology for determining park SDC's, a future community center was included within the proposed projects. The Woodbum Parks and Recreation SDC Capital Improvement Plan provides for the use of up to $1,564,200 of SDC's for financing a new community center. The second method of payment is entirely through an ad valorem tax. This tax, if approved by the voters, would generate the balance of the $5,075,000 needed through bonds to construct the project. This amount would be $3,510,800. The initial cost per $1,000 in assessed property valuation for this amount would be 26¢ or $39 per year for a home valuated at $150,000. Two altemate resglutions are proposed. Resolution Altemate #1 sets the bonded indebtedness at $51075,000 and makes no mention of repaying up to $1,564,200 through SDC's. Resolution Alternate ~2 also sets the bonded indebtedness at $5,075,000. However, this altemative indi~les a pledge from the City Coundl that an amount not to exceed $1,564,200 will be I~aid toward debt service from Parks and Recreation SDC's and that ad valorem taxes be levied to cover the balance. Attachments CITY OF WOOD~II~,~ PAI~.~ 4 I~CI~ATIGN DEPARTMENT I I 11¸ llA IIJOOD~ C,C~I~I~IT¥ CENTER I::~Llff'IIN,~J~T DESIGN C, IT~ (~ UJOOO~URI~ P,~ t 1 T tI tUOODBUt~ COI"lf"lUNIT'r' CENTEF~ I I 'IlA 1lA COUNCIL BILL NO. ~dlO RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $5,075,000 TO CONSTRUCT, EQUIP AND FURNISH A CITY COMMUNITY CENTER; CONSTRUCT AND RENOVATE PARKING FACILITIES; ACQUIRE PROPERTY, AS NEEDED; CONSTRUCT RELATED IMPROVEMENTS AND PAY ALL COSTS INCIDENTAL THERETO. WHEREAS, the City finds that it is financially feasible and in its best interests to construct, equip and furnish a City community center; construct and renovate parking facilities; acquire property, as needed; construct related improvements and pay all costs incidental thereto (the "Project"); and WItEREAS, the total cost of the Project is estimated to be $5,895,000. The City plans to apply for federal and state loans and grants and other contributions and this bond measure would authorize the City to issue bonds to pay the balance of the cost. Bonds will be sold only in an amount necessary to Complete the financing, but in no event more than $5,075,000; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. A special election is hereby called for the purpose of submitting to the qualified voters of the City the question of contracting a general obligation bonded indebtedness in the name of the City in a sum not to exceed $5,075,000. Bond proceeds will be used to construct, equip and furnish a City community center; construct and renovate parking facilities; acquire property, as needed; construct related improvements and pay all costs incidental thereto. The bonds shall mature over a period of not more than 20 years. Section 2. The special election hereby called shall be held in the City on November 5, 2002. The election shall be conducted pursuant to ORS 254.465 et seq.. Section 3. The City Recorder shall cause to be delivered to the Elections Officer of Marion County, Oregon the attached Notice of Bond Election (Attachment A), the terms of which are incorporated herein, not later than 61 days prior to the election. Section 4. The Elections Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law. Page 1 - Council Bill No. Resolution No. A:Lkas-~dec 82002.doc llA Section 5. The City Recorder shall give notice of the election by posting the attached Notice of Election at a conspicuous place in City Hall and two other public places in the City not less than ten days prior to the election. Approved as to Form: City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon Page 2 - Council Bill No. Resolution No. A:~-~e 8200~.~ NOTICE OF BOND ELECTION City of Woodburn Marion County, Oregon ATTACHMENT, /~[ llA Page_/.__ of / _ NOTICE IS HEREBY GIVEN that on November 5, 2002, an election will be held in City of Woodbum, Marion County, Oregon. The following question will be submitted to the qualified voters thereof.' CITY OF WOODBURN CAPTION: COMMUNITY CENTER GENERAL OBLIGATION BOND AUTHORIZATION QUESTION: Shall the City be authorized to contract a general obligation bonded indebtedness in an amount not to exceed $5,075,000? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of Section 11 and 1 lb of Article XI of the Oregon Constitution. SUMMARY: This measure authorizes the City to issue general obligation bonds to construct, equip and furnish a community center; acquire property; construct and renovate parking facilities; construct related improvements and pay all costs incidental thereto. The project would replace the current Community Center with a new building at Front and Oak Streets. The new center would be available for recreation programs for youth, adults and senior citizens; conferences; public meetings; and performing arts. The total cost is estimated to be $5,895,000. The City will apply for federal and state loans and grants and other contributions and general obligation bonds would be issued to pay the balance of the cost, but in no event more than $5,075,000. The City will levy ad valorem taxes annually in amounts necessary to pay remaining principal and interest. The bonds would mature over a period of not to exceed 20 year. City of Woodburn Mayor COUNCIL BILL RESOLUTION NO. A RESOLUTION CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS THE QUESTION OF CONTRACTING A GENERAL OBLIGATION BONDED INDEBTEDNESS IN THE AMOUNT OF $5,075,000 TO CONSTRUCT, EQUIP AND FURNISH A CITY COMMUNITY CENTER; CONSTRUCT AND RENOVATE PARKING FACILITIES; ACQUIRE PROPERTY, AS NEEDED; CONSTRUCT RELATED IMPROVEMENTS AND PAY ALL COSTS INCIDENTAL THERETO. WHEREAS, the City finds that it is financially feasible and in its best interests to construct, equip and furnish a City community center; construct and renovate parking facilities; acquire property, as needed; construct related improvements and pay all costs incidental thereto (the "Project"); and WHEREAS, the total cost of the Project is estimated to be $5,895,000. The City plans to apply for federal and state loans and grants and other contributions and this bond measure would authorize the City to issue bonds to pay the balance of the cost. Bonds will be sold only in an mount necessary to complete the financing, but in no event more than $5,075,000; and WHEREAS, the City adopted Ordinance No. 2250 (the "SDC Ordinance") on November 23, 1999, which established a methodology for collecting parks and recreation system development charges (the "SDCs") and which adopted a report entitled "Parks and Recreation System Development Charges Executive Summary, Methodology, and Rates Study Update" dated September 30, 1999 (the "1999 Report"). Section 4(B) of the SDC Ordinance provided, in part, that SDCs be deposited into trust accounts to be used, in part, to provide for capital improvements and for the "payment of principal and interest, necessary reserves and costs of issuance under any bonds or other indebtedness issued by the City to fund capital improvements .... "Although the actual dollar amount of SDCs revenue to be received by the City can only be estimated, the appendix to the 1999 Report provides for the use of up to $1,564,200 of SDCs for financing the new community center; and WHEREAS, the City Council therefore determines that an amount not to exceed $1,564,200 be pledged to the payment of debt service on the bonds to be sold as authorized by the voters of the City, to be paid, as budgeted, over the maturity life of the bonds and that ad valorem taxes be levied to the extent that the SDCs are insufficient to meet debt service on the bonds; NOW, THEREFORE THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. A special election is hereby called for the purpose of submitting to the qualified voters of the City the question of contracting a general obligation bonded indebtedness in the name of the City in a sum not to exceed $5,075,000. Bond proceeds will be used to construct, equip and furnish a City community center; construct and renovate parking facilities; acquire property, as needed; construct related improvements and pay all costs incidental thereto. The bonds shall mature over a period of not more than 20 years. Page 1 - Council Bill No. , Resolution No. Section 2. The special election hereby called shall be held in the City on November 5, 2002. The election shall be conducted pursuant to ORS 254.465 et seq.. Section 3. The City Recorder shall cause to be delivered to the Elections Officer of Marion County, OregOn the attached Notice of Bond Election (Attachment A), the terms of which are incorporated herein, not later than 61 days prior to the election. Section 4. The Elections Officer is requested to give the electorate of the City notice that the election shall be conducted by mail pursuant to Oregon law. Section 5. The City Recorder shall give notice of the election by posting the attached Notice of Election at a conspicuous place in City Hall and two other public places in the City not less than ten days prior to the election. Approved as to Form: City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, Recorder City of Woodbum, Oregon Page 2 - Council Bill No. Resolution No. NOTICE OF BOND ELECTION City of Woodburn Marion County, Oregon NOTICE IS HEREBY GIVEN that on November 5, 2002, an election will be held in City of Woodburn, Marion County, Oregon. The following question will be submitted to the qualified voters thereof: CITY OF WOODBURN CAPTION: COMMUNITY CENTER GENERAL OBLIGATION BOND AUTHORIZATION QUESTION: Shall the City be authorized to contract a general obligation bonded indebtedness in an amount not to exceed $5,075,000? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to the limits of Section 11 and 1 lb of Article XI of the Oregon Constitution. SUMMARY: This measure authorizes the City to issue general obligation bonds to construct, equip and furnish a community center; acquire property; construct and renovate parking facilities; construct related improvements and pay all costs incidental thereto. The project would replace the current Community Center with a new building at Front and Oak Streets. The new center would be available for recreation programs for youth, adults and senior citizens; conferences; public meetings; and performing arts. The total cost is estimated to be $5,895,000. The City will apply for federal and state loans and grants and other contributions and general obligation bonds would be issued to pay the balance of the cost, but in no event more than $5,075,000. The City will pledge park and recreation system development charges in an amount not to exceed $1,564,200 to pay principal and interest over the life of the bonds. The City will levy ad valorem taxes annually in amounts necessary to pay remaining principal and interest. The bonds would mature over a period of not to exceed 20 years. City of Woodburn Mayor City of WOodburn 11B - C Police Department STAFF REPORT 270 Montgomery Slreet Woodburn, Oregon 97071 (503) 982-2345 Date: From: To: August 15, 2002 Paul Null, Acting ChiefofPolic Mayor and City Council John Brown, City Administrator ORS 190 Agreement with City of Silverton and City of Hubbard for a Police Records Management System Recommendation: Enter into an ORS 190 agreement with the City of Silverton and the City of Hubbard to provide a police records management system. The Woodbum Police Department is in the process of installing a new police records management system {RMS) which will replace the RAIN records management system. The new RMS is a multi-user ,ystem which allows simultaneous access by more than one agency. The Woodbum Police Department has offered this new RMS to other police agencies in Marion County. The sharing of our RMS provide the following .benefits: City of Woodbum can recoup a portion of the cost of the new system Quality RMS to other cities at a reduced cost Improve police operations through the sharing of records and information Currently, Hubbard and Silverton Police Departments have agreed to participate in the consolidation ora records management system, with Mt. Angel and Stayton Police Departments showing a strong intexest. The installation of the new Records Management System is scheduled to be completed in December of this year. COUNCIL BILL NO. o~ 5/// RESOLUTION NO. lib A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF SILVERTON. WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another; and WHEREAS, the community welfare is best preserved through such supplemental support; and i WHEREAS, Oregon Revised Statutes, Chapter 190, authorizes intergovernmental agreements for cooperation services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Police Records Management System Agreement between th~ City of Woodbum and the City of Silverton, a copy of which is affixed hereto as Attachment "A" and, by this reference, incorporated herein. fo :C'fZ - ?- !- z o o Approved as to N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodbum, Oregon. Page I - COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT Page /. of. Agreement Police Records Management System llB This Agreement is made to engage the services of City of Woodbum to provide a Police Records Management System (RMS) to the City of Silverton; and is made under the authority and in consideration of the provisions of ORS Chapter 190. In consideration of mutual benefits and obligations herein set forth, the parties agree as follows: 1. Scope of Services City of Woodbum shall maintain a police records management system (RMS) for the City of Silverton. The system shall provide a user generated law enforcement records data base and provide Silverton Police Department message switching to the Oregon Law Enforcement Data System (LEDS). Bo City of Silverton shall provide and maintain desk top computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the RMS. All ownership rights to said equipment shall remain with the City of Silverton. The following standard data processing services shall be provided by the City of Woodbum: Full time (24 hour, 7 days a week) operation and support for AS400 computer and software, and maintenance of backup and archival data storage media according to Woodbum Police Department standard procedures, and access of RMS and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. ii. Record information entered into the RMS shall be retained on line for a minimum of five years unless altered or deleted by Silverton Police Department or ordered to be altered, sealed, or deleted by a court of competent jurisdiction. 111. Current manuals and other necessary documentation, protocols, and procedures will be provided. iv. City of Woodbum upon request, but no more than once a month, meet with City of Silverton and participate in a records management user group. Page 1 of 5 - Police RMS Agreement ATTACHMENT ~/' · - Page ~, of <~' Ownership of all records information entered into the RMS by Silverton Police Department shall remain with Silverton Police Department. Once a year, and/or at the termination of this Agreement, all of the City of Silverton's records entered into the RMS shall be saved to a tape cartridge and provided by the City of Woodburn to the Silverton Police Department at no cost. Fees and Charges Bo Fees and charges for the police RMS shall be based on a per capita pricing model. Fees and charges are reflected in Addendum "A" of this Agreement Co When a new user is added to the police RMS, fees and charges shall be reCalculated using the per capita pricing model. The recalculated fees and charges shall go into effect within 30 days of completed installation. Co The City of Silverton will be offered new records management modules as they become available and agreed to be purchased by the City of Woodburn. Fees and charges for the new modules will be based on the CUrrent users per capita pricing model. Unless otherwise agreed upon, new modules shall be paid within 45 days after delivery of the software. If the parties do not agree as to the need for a new records management module(s) the City of Silverton may elect to purchase the new records management module(s) for it's own use as long as the module(s) has no detrimental effect on the operation of the overall RMS. The City of Woodbum shall have no responsibility or obligation with respect to the purchase of this module(s). Fees and charges for future years shall be based on actual cost using the per capita pricing model. Billing and Payment Ao The annual charges and fees shall be due and payable from the City of Silverton to the City of Woodburn in equal quarterly installments commencing January 1, 2003. 4. Security Fees and charges for new records management modules shall be due within 30 days after installation is completed. A. City of Woodburn shall provide adequate system and data security for Page 2 of 5 - Police RMS Agreement ATTACHMENT police RMS in accordance with the requirement~~4~on Enforcement Data System (LEDS) and the U.S. Department of Justice National Crime Information Center (NCIC). liB City of Woodbum shall have no responsibility or obligation with respect to access to the Silverton RMS through individual members of Silverton Police except to allow access to the RMS only upon use of passwords and procedures adopted in accordance with provisions of 4.1. Co City of Woodburn shall have no responsibility or obligation to verify the identity or authority of any person using the Silverton RMS who has used appropriate passwords and procedures to gain access to the system. Silverton Police Department shall be exclusively responsible for the protection and security of terminal equipment located in their facility. Limitations of Liability Ao City of Woodburn assumes no liability for the accuracy of any data entered by Silverton Police Department in the RMS, nor any errors in data transmission. City of Woodburn represents and warrants only that it will use its best efforts to maintain an accurate database of information as entered, modified, or deleted by dat~ entry users. Bo City of Silverton agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and save harmless the City of Woodburn, its officers, employees, and agents from and against any claim or demand arising out of or in connection with any act, error or omission of any person for those acts such user may be responsible under ORS 30.265, or out of connection with such user's use of the R_MS and caused by any condition or circumstance for which liability is expressly disclaimed or limited by City of Woodburn under any provision of this Agreement, to the extent of such disclaimer or limitation. Co City of Woodbum agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and save City of Silverton harmless from any and all claims arising out of the acts, errors or omissions of City of Woodburn or those for whose acts may be held liable under ORS 30.265, save and except any claim for which City of Woodburn has , expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, City of Woodbum liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. Page 3 of 5 - Police RMS Agreement ! Terms and Termination ATTACHMENT 'J Page~ A. This Agreement shall be effective upon execution hereof on behalf of both parties, and shall continue until terminated as provided herein. Bo This Agreement may be terminated by City of Silverton upon written notice given not later than March I of each year. Co Notwithstanding the giving of notice of termination as provided herein, City of Silverton shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. Commuaication and Notice Ao Any notice in writing required to be given hereunder shall be sufficient if sent by regular mail or personally delivered to the Chief of Police, City of Woodburn; and to the Chief of Police, City of Silverton. Bo Each party shall designate, and may change from time to time, a representative for communication, negotiations, and general liaison with the other concerning the content, future, and administration of this Agreement. No such designated representative shall be held an agent or attorney-in-fact having authority to bind either party. Attorney Fees Ao In the event it is necessary for either party to bring an action in the courts of the State of Oregon to enforce any rights under this Agreement, the non-prevailing party shall pay to the prevailing party its reasonable attorney fees at trial or on appeal in a sum determined by the court. Amendments This Agreement represents the complete and integrated agreement between the parties with respect to the subject matter hereof, and may be amended only by written amendment executed by both parties. As such, this Agreement cancels and supersedes all prior written and oral agreements, representations, negotiations, and communications between the parties and their representatives with respect to the subject matter hereof. IN WITNESS WHEREOF the parties have caused the Agreement to be executed on behalf by their duly authorized representatives as of the dates set forth below. Page 4 of 5 - Police RMS Agreement CITY OF WOODBURN ^TTAOHMENT /~ Page~ of ~ CITY OF SILVERTON lib By: Richard Jennings, Mayor Date: By: Title: Page 5 of 5 - Police RMS Agreement Cost Projection ~ Police Records Management & Mobile and Field Reporting System Police Records Management System Total 5-Year Cost Total Cost City Woodbum Cost Alone Hubbard Cost (W+H) Silverton Cost (W+H+S) Mt Angel Cost (W+H+S+M~) Population/Thousands 20.1 2.483 7.414 3.121 Per Capi~ Cost $11,318 $10,074 $7,584 $6,869 Total5-Year Cost $227,495 $25,013 $56,227 $21,439 Addendum A llE $227,495 $227,495 Annual Cost $45,499 $5,003 $11,245 $4,288 Cost to Hubbard - Records Management System Only As only partner With Silverton Participating With Silverton & Mt Angel Participating 22.583 29.997 33.118 $10,074 $7,584 $6,869 $25,013 $18,831 $17,056 $5,003 $3,766 $3,411 Cost to Silverton - Records Management System Only Partnered with Woodbum & Hubbard W'~h Silverton & Mt Angel Participating 29.997 33.118 $7,584 $6,869 $56,227 $50,928 $11,245 $10,186 Cost to Mt Angel - Records Management System Only Partnered with Woodbum, Hubbard & Silverton 33.118 $6,869 $21,439 $4,288 COUNCIL BILL NO. m SOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF HUBBARD. WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another; and WHEREAS, the community welfare is best preserved through such supplemental support; and WHEREAS, Oregon Revised Statutes, Chapter 190, authorizes intergovernmental agreements for cooperation services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign the Police Records Management System Agreement between th, City of Woodbum and the City of Hubbard, a copy of which is affixed hereto as Attachment "A" and, by this reference,, incorporated herein. Approved as to form.~Y~,~f'~~ ~- ~-/- Z~0 ~ N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon. Page 1 - COUNCIL BILL NO. RESOLUTION NO. ATTACHMENT Agreement of Police Records Management System This Agreement is made to engage the services of City of Woodbum to provide a Police Records Management System (RMS) to the City of Hubbard; and is made under the authority and in consideration of the provisions of ORS Chapter 190. In consideration of mutual benefits and obligations herein set forth, the parties agree as follows: 1. Scope of Services City of Woodbum shall maintain a police records management system (RMS) for the City of Hubbard. The system shall provide a user generated law enforcement records data base and provide Hubbard Police Department message switching to the Oregon Law Enforcement Data System (LEDS). Bo City of Hubbard shall provide and maintain desk top computers, printers, controllers, mobile data computers, all required desktop and mobile software, all telecommunication lines and related equipment, and any other equipment for access to the RMS. All ownership rights to said equipment shall remain with the City of Hubbard. Co The following standard data processing services shall be provided by the City of Woodbum: Full time (24 hour, 7 days a week) operation and support for AS400 computer and software, and maintenance of backup and archival data storage media according to Woodbum Police Department standard procedures, and access of RMS and LEDS message switching facilities; all of which is subject to reasonable downtime for routine maintenance, support, and emergency repairs. ii. Record information entered into the RMS shall be retained on line for a minimum of five years unless altered or deleted by Hubbard Police Department or ordered to be altered, sealed, or deleted by a court of competent jurisdiction. 111. Current manuals and other necessary documentation, protocols, and procedures will be provided. iv. City of Woodbum upon request, but no more than once a month, meet with City of Hubbard and participate in a records management user group. Page 1 of 5 - Police RMS Agreement Vo ATTACHMENT d~' Page .-,'2 of 5 ll'C Ownership of all records information entered into thc RMS by Hubbard Police Department shall remain with Hubbard Police Department. Once a year, and/or at thc termination of this Agreement, all of thc City of Hubbard's records entered into the RMS shall bc saved to a tape cartridge and provided by the City of Woodbum to the Hubbard Police Department at no cost. Fees an~ Charges Ao Bo F~es and charges for the police RMS shall be based on a per capita pricing rn~del. Fees and charges are reflected in Addendum "A" of this Agreement Co When a new user is added to the police RMS, fees and charges shall be recalculated using the per capita pricing model. The recalculated fees and charges shall go into effect within 30 days of completed installation. The City of Hubbard will be offered new records management modules as they become available and agreed to be purchased by the City of Woodbum. Fees and charges for the new modules will be based on the ctlrrent users per capita pricing model. Unless otherwise agreed upon, new modules shall bc paid within 45 days after delivery of the software. If the parties do not agree as to the need for a new records management module(s) the City of Hubbard may elect to purchase the new records management module(s) for it's own use as long as the module(s) has no detrimcntal cftc, ct on the operation of the overall RMS. The City of Woodbum shall have no responsibility or obligation with respect to the pUrChase of this module(s). Fees and charges for future years shall be based on actual cost using the per capita pricing model. Billing and Payment Bo The annual charges and fees shall be due and payable from the City of Hubbard to the City of Woodburn in equal quarterly installments commencing January 1, 2003. 4. Security Fees and charges for new records management modules shall be due within 30 days after installation is completed. A. City of Woodburn shall provide adequate system and data security for Page 2 of 5 - Police RMS Agreement ATTACHMENT ..G~ police RMS in accordance with the requirements of the Oregon Law Enforcement Data System (LEDS) and the U.S. Department of Justice National Crime Information Center (NCIC). City of Woodbum shall have no responsibility or obligation with respect to access to the Hubbard RMS through individual members of Hubbard Police except to allow access to the RMS only upon use of passwords and procedures adopted in accordance with provisions of 4.1. Co Gity of Woodburn shall have no responsibility or obligation to verify the i~lentity or authority of any person using the Hubbard RMS who has used aPpropriate passwords and procedures to gain access to the system. D. Hubbard Police Department shall be exclusively responsible for the p[otection and security of terminal equipment located in their facility. LimitatiOns of Liability Ao City of Woodbum assumes no liability for the accuracy of any data elatered by Hubbard Police Department in the RMS, nor any errors in data transmission. City of Woodburn represents and warrants only that it will use its best efforts to maintain an accurate database of information as entered, modified, or deleted by data entry users. Bo City of Hubbard agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and save harmless the City of Woodbum, its officers, employees, and agents from and against any cla!m or demand arising out of or in connection with any act, error or omission of any person for those acts such user may be responsible under ORS 30.265, or out of connection with such user's use of the RMS and mused by any condition or circumstance for which liability is expressly disclaimed or limited by City of Woodbum under any provision of this Agreement, to the extent of such disclaimer or limitation. Co City of Woodburn agrees, to the extent it may under the Constitution and laws of Oregon, to indemnify, defend, and save City of Hubbard harmless from any and all claims arising out of the acts, errors or omissions of City of Woodburn or those for whose acts may be held liable under ORS 30.265, save and except any claim for which City of Woodbum has expressly disclaimed or limited its liability hereunder, to the extent of such disclaimer or limitation; and further provided that with respect to any single claim or occurrence, City of Woodbum liability arising out of contribution or indemnity shall not exceed the limits provided by ORS 30.270, if applicable to the asserted claim. Page 3 of 5 - Police RMS Agreement llC Terms and Termination ATTACHMENT /~ A. This Agreement shall be effective upon execution hereof on behalf of both parties, and shall continue until terminated as provided herein. This Agreement may be terminated by City of Hubbard upon written notice given not later than March I of each year. Co Notwithstanding the giving of notice of termination as provided herein, City of Hubbard shall remain obligated with respect to any unfulfilled financial obligation which accrued hereunder prior to the effective date of such termination. Communication and Notice Ac Any notice in writing required to be given hereunder shall be sufficient if sent by regular mail or personally delivered to the Chief of Police, City of Woodbum; and to the Chief of Police, City of Hubbard. Each party shall designate, and may change from time to time, a representative for communication, negotiations, and general liaison with the other concerning the content, future, and administration of this Agreement. No such designated representative shall be held an agent or attorney-in-fact having authority to bind either party. Attorney Fees In the event it is necessary for either party to bring an action in the courts of the State of Oregon to enforce any rights under this Agreement, the non-prevailing party shall pay to the prevailing party its reasonable attorney fees at trial or on appeal in a sum determined by the court. Amendments Ac This Agreement represents the complete and integrated agreement between the parties with respect to the subject matter hereof, and may be amended only by written amendment executed by both parties. As such, this Agreement cancels and supersedes all prior written and oral agreements, representations, negotiations, and communications between the parties and their representatives with respect to the subject matter hereof. IN WITNESS WHEREOF the parties have caused the Agreement to be executed on behalf by their duly authorized representatives as of the dates set forth below. Page 4 of 5 - Police RMS Agreement CITY OF WOODBURN i~eACH EN? ~ * - CITY OF HUBBARD By: Richard Jennings, Mayor Date: By: Title: Page 5 of 5 - Police RMS Agreement Cost Projection - Police Records Management & Mobile and Field Reporting System Police Records Management System Total 5-Year Cost Total Cost City Woodbum Cost Alone Hubbard Cost (W+H) Silverton Cost (W+H+S) Mt Angel Cost (W+H+S+MtA) Population/Thousands 20.1 2.483 7.414 3.121 Per Capita Cost $11,318 $10,074 $7,584 $6,869 Total5-Year Cost $227,495 $25,013 $56,227 $21,439 Addendum A llC $227,495 $227,495 Annual Cost $45,499 $5,0O3 $11,245 $4,288 Cost to Hubbard - Records Management System Only As only partner With Silverton Participating With Silverton & Mt Angel Participating 22.583 29.997 33.118 $10,074 $7,584 $6,869 $25,013 $18,831 $17,056 $5,003 $3,766 $3,411 Cost to Silverton - Records Management System Only Partnered with Woodbum & Hubbard With Silverton & Mt Angel Participating 29.997 33.118 $7,584 $6,869 $56,227 $50,928 $11,245 $10,486 Cost to Mt Angel - Records Management System Only Partnered with Woodbum, Hubbard & Silverton 33.118 $6,869 $21,439 $4,288 liD MEMO TO: FROM: SUBJECT: DATE: Honorable Mayor and City Council through City Administrator~-J- Community Development Director ..z~//~ ~ Public Works Program Manager ~ ~ Intergovernmental Agreement with the Oregon Department of Transportation for a 2020 Update of the City's Transportation System Plan August 21, 2002 RECOMMENDATION: Approve the attached resolution entering into an Intergovernmental Agreement with the State of Oregon for a 2020 update to the City of Woodburn Transportation System Plan and authorizing the City Administrator to sign said agreement. BACKGROUND: The City of Woodburn Transportation System Plan (T~P) was adopted in 1996. This plan was completed with the assistance of a Transportation Growth Management (TGM) Program grant. Since the adoption of the TSP the city has completed an alternatives analysis of Highway 214 and ODOT has completed an I-5 Refinement Plan. Both of these plans were coordinated efforts between the city and ODOT. In addition the city has completed the buildable lands inventory and other periodic review projects. The additional information available in these plans and studies have dictated that a 2020 TSP update was required. The city applied for TGM Program grant to complete the 2020 TSP update and the city was approved for grant funding. TGM grants are from federal Transportation Equity Act for the 21st Century (TEA-21) funds. State gas tax funds match the TEA-21 federal funds. The city will receive $130,000 in grant funding for the TSP update. The city will provide $14,879 as an in kind match as a result of staff involvement with the project. In addition ODOT's Transportation Planning and Analysis Unit will complete the computer transportation modeling required for the project. These state costs are not included in the total project budget. The 2020 upgrade is scheduled to be completed by December 30, 2003. ODOT has arranged for a consultant to accomplish the scope of work that is outlined in the agreement through an ODOT flexible services agreement. Some preliminary work on the transportation model has already been completed by ODOT. Work on the project will begin as soon as the city enters into the agreement. Staff recommends approval of the attached resolution. llD COUNCIL BILL NO. -~ ~-//~ RESOLUTION NO. A RESOLUTION ENTERING INTO TRANSPORTATION GROWTH MANAGEMENT GRANT AGREEMENT NUMBER 19786 WITH THE STATE OF OREGON AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WItEREAS, the State of Oregon acting through its Department of Transportation (ODOT) is authorized to enter into agreements with cities for the performance of functions or activities that the parties to the agreement have the duty or authority to perform pursuant to ORS 190.110 and 283.110, and WHEREAS, the Transportation Growth Management (TGM) Program includes grants for local governments for planning projects and is funded with federal Transportation Equity Act for the 21a Century funds along with matching state gas tax funds, and WHEREAS, the City of Woodburn applied for TGM Program funding to update the city's Transportation System Plan, and WHEREAS, the State of Oregon, Department of Transportation, has approved $130,000 in planning expenses for the City of Woodburn to be used for an update of the city's Transportation System Plan, and WHEREAS, the State of Oregon, Department of Transportation, has provided TOM Program Grant Agreement Number 19786 to update the city's Transportation System Plan, NOW TltEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodbum enter into TGM Program Grant Agreem6nt Number 19786, which is affixed as Attachment "A" and by this reference incorporated herein, with the State of Oregon acting by and through its Department of Transportation to update the city's Transportation System Plan. Section 2. That the City Administrator of the City of Woodbum is authorized to sign said agreement on behalf of the City. Approved as to form: · N. Robert Shields, City Attorney Date Approved: Richard Jennings, Mayor Page 1 - COUNCIL BILL NO. RESOLUTION NO. Page ,/ of TGM File Code 2Q-01 EA # TGM5GTI2 INTERGOVERNMENTAL AGREEMENT City of Woodbum, 2020 Transportation System Plan THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by' and through its Department of Transportation, hereinafter referred to as "ODOT" or "Agency", and City of Woodburn, hereinafter referred to as "City". RECITALS o The Transportation and Growth Management Program, hereinafter referred to as the "TGM Program", is a joint program of ODOT and the Oregon Department of Land Conservation and Development. The TGM Program includes a program of grants for local governments for planning projects. The objectives of these projects are to better integrate transportation and land use planning and develop new ways to manage growth in order to achieve compact, pedestrian, bicycle, and transit friendly urban development. This TGM grant is financed with federal Transportation Equity Act for'the 21st Century (TEA-21) funds. State Gas Tax funds are.used as match for TEA-21 funds. By authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with units of local government or other state agencies to perform any functions and activities that the parties to the agreement, or their officers' or agents have the duty or authority to perform. The City has been awarded a TGM grant which is conditional upon the execution of this agreement. 6. The parties desire to enter into this agreement for their mutual benefit. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed.by and between the parties hereto as follows: TERM OF AGREEMENT; DEFINITIONS 1. The beginning date of this agreement is that date on which all parties have signed. The termination date of this agreement is June 30, 2003. 2. The project is described in Exhibit A attached hereto and by this reference made a part hereof. -1- o llD ATTACHMgNT~ ,,~ TGM Grant Agreement No. 19786 Page ~ of~._.%~, '- TGM File Code 2Q-01 -- EA # TGM5GTI2 The total project cost is the sum of qualified costs incurred by the City and the personal services contractor(s) for this project. The grant amount is the sum of the City's amount (defined below) and the personal services contragt amount (defined below) payable by ODOT. The grant amount shall not exceed $130,000. The City's amount is the maximum amount payable by ODOT to City for the project and shall not exceed $0. 6. The personal services contract amount is the amount payable by ODOT to a personal services contractor(s) and is equal to the total amount payable for all deliverables described in Exhibit A for which the personal services contractor(s) is identified as responsible. The personal services contract amount is $130,000. 7. City's matching amount is the maximum amount of matching funds which the City is required to expend to fund the project and is 10.27% of the total project cost, or up to $14,879. Qualified costs arc direct project costs, including'matching amounts, incurred by the City and personal services contractor(s) during the term of this agreement. Direct project costs 'are costs Which are directly .assOCiated with tho project. These may include thc salaries and benefits of personnel assigned to thc project and thc cost of supplies, postage, travbl, and printing. General administrative costs, capital costs, and overhead are not direct project costs. Any jurisdiction or Metropolitan Planning Organi?ation that has federally approved indirect cost plans may treat such indirect costs as direct project costs. CITY REPRESENTATIONS, WARRANTIES, AND COVENANTS 1. City shall perform the work'and provide the deliverables described in Exhibit A, for which City is identified in Exhibit A as being responsible. City shall be responsible for any nonqualifying costs associated with the work described in Exhibit A and any costs above the City amount. City agrees to complete project, City shall perform the work identified in Exhibit A as City's responsibility under this agreement as an independent contractor. City shall be exclusively responsible for all Costs and expenses related to its employment of individuals to perform any work identified in Exhibit A as City's responsibility and for providing for employment- related benefits and deductions that are required by law, including, but not limited to, -2- ATTACHMENT:- Page -~ of ~ 11D TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI2 federal and state income tax withholdings, unemployment taxes, workers' compensation coverage, and contributions to any retirement system. City shall be responsible, to the extent permitted by the Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its .own officers, employees or agents. 4. City shall present icost reports, reimbursement requests, progress reports, and deliverables to ODOT's Contract Administrator no less than every other month. City shall not submit requests for payment that exceed the City's amount. Generally accepted accounting principles and definitions of ORS 294.311 shall be applied to clearly document verifiable costs that are incurred. 5. City agrees to cooperate with ODOT's Contract Administrator. At the request of ODOT's Contract Administrator, City agrees to: a. Meet with the ODOT's Contract Administrator; and b. Form a project steering committei: (which shall include ODOT's Contract Administrator) to oversee the project. 6. City shall maintaia all fiscal reCOrds relating to thi~'agreement in accordance with generally accepted accounting principles. In addition, City shall maintain any other reCOrds pertinent to this agreement in such a manner as to clearly document City's performance. City acknowledges and agrees that ODOT and the Oregon Secretary of - State'S Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans, and writings of City that are pertinent to this agreement to perform examinations and audits and make copies, excerpts and transcripts. Se e City shall retain and keep accessible all such riscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following fmal payment and termination of this agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this agreement, whichever date is later. City shall not enter into any si~bcontracts to accomplish work described in Exhibit A, unless written approval is first obtained from ODOT. IfODOT engages a personal services contractor(s) to accomplish work described in Exhibit A, City shall: a. Provide ODOT's Contract Administrator with the opportunity to participate in the personal services contractor selection; b. Select personal services contractor(s) in accord with ODOT procedures, and advise ODOT of City's recommendation; -3- ATTACHMENT. Page llD TGM Grant Agreement No. '19786 TGM File Code 2Q-01 EA # TGM5GTI2 c. Provide ODOT's Contract Administrator with the opportunity to review and approve personal services contractor's work, billings and progress reports; and d. Provide a project manager to: i. be City's principal contact person for ODOT's Contract Administrator and the personal services contractor for the project; ii. monitor and coordinate the work of the personal services contractor; iii. review and approve bills and deliverables (work products) produced and submitted by the personal services contractor; and iv. advise ODOT's Contract Administrator regarding payments to the personal services contractor. 10. City acknowledges and agrees that City shall not be reimbursed for, and shall not request reimbursement for, project costs or expenses related to this agreement which are incurred prior to the execution of this agreement. 11. All project work products of City that result from this agreement are the exclusive property of ODOT. ODOT and City intend that such work products be domed "work made for hire" of which ODOT shall be deemed the author. If, for any reason, the work products are not deemed "work made ftr hire", City hereby irrevocably .. assigns to ODOT all of its fights, rifle, and interest in and to any and all of:irc work products, whether arising from copyright, patent, trademark, trade secret,, or any other state or federal intellectual property law or doctfine..City shall execute such further documents and instruments as ODOT may reasonably request in ordort° fully vest such rights in ODOT. City forever waives any and all rights relating to the work products, including without limitation, any and all rights arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction or limitation .on use or subsequent modifications. ODOT hereby grants to City a royalty free, non-exclusive license to reproduce any work products for distribution upon request to members of the public. 12. City shall ensure that any work products produced pursuant to this agreement include the following statement: 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 Transportation Equity Act for the 21 st Century (TEA-21), lOCal government, and the State of Oregon funds. -4- 13. 14. 15. 16. 17. 18. ATTACHjMENT Page _~ of 111~ TGM Grant Agreement No. 197~6~-' TGM File Code 2Q-01 EA # TGM5GTI2 The contents of this document do not necessarily reflect views or policies of the State of Oregon. City shall submit :two hard copies of all final products produced in accordance with this agreement to ODOT's Contract Administrator, unless otherwise specified in Exhibit A. City shall also submit to ODOT's Contract Administrator all final products produced in electronic form using generally available word processing or graphics programs for personal computers via e-mail or on IBM-compatible 3.5" computer diskettes. The Oregon Department of Land Conservation and Development may display appropriate products on it "home page". City shall submit [o ODOT's Contract Administrator all payment claims within 45 days after the ~rmination date of this agreement. Within 45 days aRer the termination date of this agreement, City shall provide, in a format provided by ODOT, a completion report. The report shall contain: a. A summary of qualified costs incurred for the project, including reimbursable costs and matching amount; b. The intended location of records (which may be. subject to audit); c. A list of fi~al deliverables; and, d. PrePare payment requests to ODOT's Contract Administrator for reimbursement. Within 45 days after the termination date of this agre .ement, City shall pay to ODOT the matching amount less previously reported quali~ring matching amount. ODOT shall use any funds paid to it under this paragraph to substitute for an equal amount of federal TEA-21 funds used for the project or use as matching funds. City shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation,' the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, as amended fi.om time-to-time, which are incorporated by referen6e herein. Without limiting the generality of the foregoing, City expressly agrees to comply with: a. Title VI of Civil Rights Act of 1964; b. Section V of the Rehabilitation Act of 1973; c. The Americans With Disabilities Act of 1990 and ORS 659.425; d. All regulations and administrative roles established pursuant to the foregoing laws; and, e. All other applicable requirements of federal and state civil fights and rehabilitation statutes, rules and regulations. -5- ATTACHMENt, ,'~ lID ~gO ~' Of ~ TGM Grant Agreement No. 19786 ~-- TGM File Code 2Q-01 EA # TGM5GTI2 19. Grantee, its subcontractors, if any, and all employers working under this agreement' are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide Workers' Compensation coverage for all their subject workers, unless such employers are exempt under ORS 656.126. Grantee shall ensure that each of its subcontractors complies with these requirements. 20. City represents and warrants to ODOT that: a. it is duly formed and operating under applicable State of Oregon law; b. City has full legal right and authority to execute and deliver this agreement and to observe and perform its duties, covenants, obligations and agreements hereunder and to undeXtake and complete the project; c. the agreement has been authorized pursuant to its official action that has been adopted and authorized in accordance with applicable state law; d. the agreement is duly authorized and executed and delivered by an authorized officer(s) of City and constitutes its legal, valid and binding obligations enforceable in accordance with its terms; e. the authorization, execution and delivery of the agreement by it, the observation and performance of its duties, covenants, obligations and agreements hereunder, and the undertaking and cornPletion of the project do not and will not contravene any existing'law; rule or regulation or any existing order, injunction, judgement, or decree of any court or governmental or administrative, agency, authority or person having jurisdiction over it or its prOperty Or assets; and, f. the statement of work attached to this agreement as Exhibit A has been approved by ODOT's Contract Administrator. ODOT COVENANTS 1. ODOT shall reimburse City for qualified costs for work described in Exhibit A, up to the City's amount. ODOT shall make interim payments within 45 days of satisfactory completion (as determined by City's project manager and ODOT's Contract Administrator) of deliverables identified as being the City's responsibility in the approved statement of work, described in Exhibit A. Subject to the 10% withholding described in paragraph 3, below, the amount of the interim payment for a deliverable will be the qualified costs in the payment request. The balance due to City under this paragraph shall be payable within 45 days of ODOT's Contract AdminiStrator's approval, of the completion report described in paragraph 15 of City Representations, Warranties, and Covenants. -6- ATTACHMENT. /~ P~e., "7 of -.-~ lid TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GT~.2 Further, ODOT reserves the right to withhold payment equal to 10% of the total project amount until all work required hereunder (and under any personal services contract(s) related to the project) is completed and accepted by the ODOT's Contract Administrator. ODOT shall limi~ reimbursement of travel expenses in accordance with current State of Oregon Accounting Manual, General Travel Rules, effective on the date the expenses are incurred. ODOT certifies that, at the time this agreement is executed, sufficient funds are authorized and available for expenditure to finance ODOT's portion of this agreement within the appropriation or limitation of its current biennial budget. ODOT will provide City the statements of proposal for the City's project that meet the minimum requirements of the Request for Proposals, advertised by the Transportation Growth Management Program for this project. ODOT will assign a Contract Administrator for this agreement who will be ODOT's '"'principal contact person regarding administration of this agreement. IfODOT engages a personal services contractor(s) to perform the work described in Bxldbit A, it agrees to pay personal service contractor(s) the personal services contract amount, Subject to the terms and conditions of the applicable personal services contract(s). If ODOT engages a personal service contractor(s) to complete work described in Exhibit A, ODOT's Contract Administrator shall: a. At his/her discretion, participate in selection of a personal services contractor(s), monitor personal services contractor's work, review and approve personal services contractor billings and progress repo .rk_s; and b. Prepare and obtain execution ora personal services contract(s). GENERAL PROVISIONS Budget modifications and major adjustments from the work described in Exhibit A must be processed as an amendment to this agreement and personal services contract(s). This agreement may be terminated by mutual written consent of all parties. ODOT may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT under, but not. limited to, any of the following conditions: a. Failing to complete work specified in Exhibit A within the time specified in this agreement,' including any extensions thereof, or failing to perform any of the -7- o llD A,TTACI"[MENT. ~ TGM Grant Agreement No. 19786 Page ~ of_-~.C-~ TGM File Code 2Q-01 EA # TGM5GT12 provisions of this agreement and' City does not correct any such failure within 10 days of receipt of written notice or the date specified by ODOT in such written notice. b. If federal or state laws, regulations or guidelines are modified or interpreted in such a way lhat either the work under this agreement is prohibited or ODOT is prohibited f[om paying for such work from the planned funding source. c. IfODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided for in this agreement. Any termination of this agreement shall not prejudice any right or obligations accrued to the parties prior to termination. As federal fundS are involved in this grant, Exhibits B and C are attached hereto and by this reference made a part of this agreement and are hereby certified to by City's representatives, i Except as otherwise expressly provided in this agreement, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the Same, postage prepaid, to ODOT or City at the address or number set forth on the signature page of this agreement, or to such other addreSses or numbers as either party may herea/ter indicate pursuant to this section. Any botnmunicafion or notice so addressed and mailed is in effect fly6 (5) days after thedate~p°stmarked. Any communiCation or notice delivered by facsimile shall be deemed to be given when receil~t of the transmission is generated by the transmitting machine. To be effective again.~t ODOT, such facsimile transmission must be confirmed by telephone notice to ODOT's Contract Administrator. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. 5. 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 ODOT (and/or any other agency or department of the State of Oregon) and City that arise 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; provided, however, ifa Claim must be brought in a federal forum, then it shall be'brought and conducted solely and exclusively within the United States District Court for the District of Oregon. 6. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or · representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by all parties and all necessary approvals have been -8- ATTACHMENT,, ~ Page ~ of ..3~, liD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GT12 obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this agreement shall not constitute a waiver by ODOT of that or any other provision. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day- to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. Pursuant to letter of authority dated July 9, 2001, the Director hereby delegates signature authority to the Deputy for Transportation Development the authority to sign intergovernmental agreements and personal services contracts over $75,000. ATTORNEY GENERAL'S OFFICE ODOT Approved as to legal sufficiency by the Attorney General's office. STATE OF OREGON, by and through its Department of Transportation (Offic. iai*s Signature) Date: _~(.I q/ By: Craig Greenleaf, Deputy Director Transportation Development Division Date: Contacts: City City of Woodburn By: (Official's Signature) (Printed NameandTitle of Official) Date:. Jim Mulder City of Woodbum 270 Montgomery St. Woodbum, OR 97071 Phone: 503-982-5222 Fax: 503-982-5244 E-Mail: Lisa Nell, Contract Administrator Transportation and Growth Management Program 644A St. Springfield, OR 97477 Phone: 541-726-2527 Fax: 541-744-8088 E-Mail: iisa.d.neil~odot, state.or, ua -9- ATTACHMENT Page _10__ of liD TGM Grant Agr¢¢mcn! No. 19786 TQM File Code 2Q-01 EA # TGMSGT12 EXHIBIT A CITY OF WOODBURN 2020 TRANSPORTATION SYSTEM PLAN UPDATE STATEMENT OF WORK Acronyms and Abb~reviations The following transpor!ation-related acronyms and abbreviations are used throughout this statement of work. AAGR Average Annual Growth Rate City City of Woodbum Contractor CH2MHILL and team of subconsultants County Marion County DLCD Department of Land ConservaUon and Development EA Environmental Assessment IGA Intergovemmental Agreement ODOTIAgency Oregon Department of Transportation OAR Oregon Adml.nLsb-ative Rule OHP 1999 Oregon High. way Plan OTP Oregon Transportation Plan SDC System Development Charge · TAZ Transportation Analysis Zone TDM Tmnsporlatlon Demand Management TGM Transportation and Growth Management TPAU Transportation Planning and Analysis Unit TSM Transportation System Management TPR Transportation Planning Rule TSP Transportation System Plan UGB Urban Growth Boundary UGMA Urban Growth Management Agreement VIC Volume to Capacity - 10- Background ATTACHMENT_ Page TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSGTI2 The City of Woodburn (City) received a TGM grant in the 1993~1995 biennium to complete a Transportation System Plan (TSP). Since the adoption of the TSP in 1996, an alternatives analysis of Highway 214 and an I-5 Refinement Plan have been completed. These two items need to be incorporated into the TSP Update. Currently, there are several projects that are underway, which will also need to be coordinated with the TSP Update. These include the Woodburn Interchange Management Plan, the Woodburn Interchange Environmental Assessment (EA), the Periodic Review Grant project, the transportation modeling project to update the modeling that was done as part of the original TSP, and the Marion County (County) Urban Growth Management Agreement (UGMA). The TSP Update must be coordinated with these studies and include the resulting information as required in the periodic review process. The purpose of 2020 TSP Update project is to amend the TSP based on the following criteria: · State Transportation Planning Rule (TPR) requirements; · Transportation Model structure to satisfy Oregon Department of Transportation's (ODOT) technical specifications and consistent with local land use designations; and · Consistency with other completed plans and coordinated wifft other projects as previously TSP Update Objectives The outcome from this TSP update project will be the following: · Develop an adoption ready TSP Update that complies with thfi TPR, the Oregon Highway Plan (OI-IP), and the City Comprehensive Plan. · Address an expanded planning area and the transportation needs for the five-year ' increment 2015 through 2020 to satisfy ali TSP-related requirements of Oregon Administrative Rule (OAR) 660-12. The analysis must identify any additional multimodal and intermodal transportation system improvements to bicycle and pedestrian, freight and passenger movement, public transportation, community accessibility and motor vehicle systems. Safety and transportation system and demand management needs shall be reassessed and updated. · ~p,,d,at,e,of,the ,Tr_ansp, ortation Analysis Zone CrAZ) model structure to correspond with the Duuaame t.amas Stucty, the Econormc Opportunities Analyms, and Comprehensive Plan changes identified through the Periodic Review process. · Preparation of implementing ordinances for incorporation into the Comprehensive Plan, Development Code, Subdimslon Standards and Access Management Ordinance to adopt and implemen{ the 2020 TSP Update. General Project Coordination Public involvement must be incorporated throughout the planning process. Public agencies, including the City, County, the ODOT and the Department of Land Conservation and , -ll- liD ATTACHMENT ~'~ TGM Grant Agreement No. 19786 TGM File Code 2Q-01 Page /~9._ of ~.R,~, EA # TGMSGT12 Development (DLCD) shall be involved in the process, as well as the City Council, Planning Commission and citizenry. The City's Community Development Director and Transit/Project Manager shall provide general project coordination throughout the project. A Technical Advisory Committee, Public Work Session, and Public Hearing decision structure will be used to satisfy this requirement. City shall reestablish the TSP Technical Advisory Committee comprised of representatives of City, County, DLCD, ~nd ODOT for review and public comment on the 2020 TSP products. Public work sessions a~d hearings shall be held to inform and obtain feedback from area residents and interest groups. City shall provide meeting minutes that record comments for consideration. City shall coordinate project tasks with the Community Development Department, Public Works Department, Police, and Fire. Meetings, open houses, and work sessions are specified in Tasks 1 through 4. City shall lead public and teehnical rOView tasks and be responsible for scheduling, noticing, and documenting -the public meetings an~:l work sessions. The Contractor shall make presentations at TSP Technical Advisory COmmittee meetings during Tasks 1 through 4. City shall coordinate with County and'a.fleeted agencies to conduct three (3) Open Houses to obtain additional area wide public input on the draft and final TSP with technical support provided by the Contractor. Contractor shall log public comments and address them in collaboration with City and ODOT as revisions to the draft TSP prior to finalizing the TSP. " Contractor shall present the completed draft TSP and draft amendments to the comprehensive plan and development code at one City Planning Commission work se~ion and one City Council work ~asion. Contractor ahall present the Final TSP and draft amendments to the comprehensive plan and development code at one Planning Commission hearing and one City Council hearing. Project Cooperation This statement of work describes the responsibilities of all entities involved in this cooperative project. Any Contractor tasks or deliverables which are contingent upon receiving information, resources, assistance, or cooperation in any way from another entity as described in this statement of work shall be subject to the following guidelines: 1. At the first indication of non-cooperation, Contractor shall provide written notice (email acceptable) to Agency Contract Administrator of the specific acts or inaction indicating non- cooperation and of any deliverables that may be delayed due to such lack of cooperation by other entities referenced in the statement of work. Agency Contract Adminks. trator shall contact the non-cooperatve entity/s to discuss the matter and attempt to correct the problem and/or expedite items determined to be delaying Contractor/pro~ect. If Contractor has followed the nottficaton process described in item 1, and delinquency or delay of any deliverable is found to be a result of the failure of other referenced entities to provide information, resources, assistance, or cooperation, as described in the statement of - 12- ATTACHMENT_ Page j_E,_ of llD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GT12 work, Contractor shah not be found in breach or default of contract; nor shall Contractor be assessed or liable for any damages. The Agency Contract Administrator will negotiate with Contractor in the best interest of the State, and may amend the delivery schedule to allow for delinquencies beyond the control of Contractor. Contractor shall schedule and maintain monthly contact, including written and/or oral comments, with the City and Contract Administrator to ensure smooth completion of the project. City shall review and provide input on Contractor deliverables throughout the course of the project. A detailed scope of work describing each of the tasks required to complete the 2020 TSP Update is presented on the following pages. Project Tasks Because of the complexity of coordinating with several other on-going projects involving the City of Woodbum and the time involved negotiating the contract, this project was approved'to span into the 2003-2005 biennium. The statement ofwoxk that follows has four task, divided into two phases. Phase 1 or Tasks 1-3 shall be completed in the current biennium on June 30, 2003. Phase 2 or Task 4 is scheduled into the next biennium for a completion date of December 1, 2003. Deliverables Overvi _e~d All products mus~ be in a format compatible with City document and mapping format and software. Specifically, the Contractor shall provi~le all documents in hard copy and in computer files in MS Word 98, MS Excel 97, ~, or ArcView version 3.1 Shape file as appropriate. The draft and final versions of the TSP may have color, but must be reproducible in black and white. The TSP must include text, maps, and charts to easily communicate the results and recommendatious. One copy of both the draft and final TSP suitable for reproduction must be unbound. Contractor shall provide copies of the TSP as requested by the City and ODOT.up to 10 copies each and shall provide the Transportation and Growth Management (TGIV0 Contract Administrator with 4 hard copies, one unbound hard copy and one electronic copy. Task 1. City Planning Area Definition, Data Collection, System Deficiency Analysis, Public Involvement, And Coordination Team Roles: ODOT Transportation Planning and Analysis Unit (TPAL0 shall obtain the model and associated data from affected agencies to perform the EMMF~2 modeling. Contractor shall review the EMME/2 modeling results and identify changes within the transportation system. City shall gather existing City documents and data and provide the information to Contractor for the Task 1 'analysis subtaaks. Objectives: To define an updated City planning area. To develop state-of-the practice 2000- 2020 E~ tray61 demands model (to be completed by ODOT). To identify and assess the incremental changes from 2015 to 2020 and identify Inmsportation deficiencies within the - 13- ATTACHMENT Page/~ of liD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI 2 designated planning area. To update goals, policies, and actions to 2020. To provide for technical and public involvement throughout the project to obtain a technically-accurate, coordinated, and publicly-responsive 2020 TSP that fulfills state, regional, and local planning requirements, and meets the needs of the area residents now and in the future. Methods and Tasks: City and Contractor shall coordinate TSP Update project Task 1 work with the Periodic Review Grant project and shall not complete TSP Update'Task t until information is provided as input for the database and forecasting tasks from Periodic Review Grant project Tasks 1-5, Product 1. Tasks 1-5 of the Periodic Review Grant project are scheduled to be complete by August 1, 2002. (Task 1.1 of the Periodic Review Grant project is coordination with County, Task 1-2 is coordination with ODOT, Task 1-3 is to revise the Housing Needs Analysis, Task 1-4 is to update the buildable lands inventory, Task 1-5 is to create a land use inventory outside the Urban Growth Boundary (UGB.) This work must be completed before the TSP Update Task 1 is completed so that coordination is possible. City Subtasks: City shall: 1. Reestablish the TSP Technical Advisory Committee comprised of representatives of City, County, ODOT (TPAU and Area Planner) and DLCD for review and public comment on the 2020 7BP products. 2. Provide the Contractor with relevant local plans, documents, policies, standards, regulations, and other relevant background data and reports, and help identify issues relative to the TSP. o Coordinate and participate in a work session with Contractor, TSP Technical Advisory Committee, ODOT and DLCD to interpret how applicable plans and polities are expected.to impact the TAZ allocations and to define an allocation methodology for future development ' assumptions, in terms of location, density, housing type and employment type. The population must correspond with the interim forecast agreed upon by the County for the City that calls for a 2020 medium range population forecast of 34,919 based on a 2.8?6 Average Annual-Growth Rate (AAGR). This population projection is not the coordinated 2020 population forecast which is 26,290. In a recent review of the EcoNorthwest projections for the City of Woodbum, the County agreed that the coordinated population forecast is too low. However, it must be noted: "Marion County's coordination and consensus with the City and ODOT on the higher~ medium, range forecast from the ECONorthwest study for interim use at this time comes with several caveats. First, the forecast is an interim planning tool and is not an adopted projection by the County. The County intends to revisit the adopted 2020 coordinated forecasts for the County and dties following the release by the State Department of Administrative Services/Office of Economic Analysis of new state and County population projection information this spring/summer based on the 2000 Census data. Once this information is released for review and use, it is anticipated that it will take at least another six months after - 14- ATTACHMENT Page ~ of lid TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI2 that before any revisions to the currently adopted 2020 forecasts for the cities would be under consideration and undergo countywide coordination with the cities. · Second, the interim 2020 population projection of 34,919 to be used by the City in its Periodic Review planning activities will be considered when the County looks at possible revisions to the current adopted 2020 forecasts. The interim number however, may not be the revised adopted forecast number since the City's allocation will need to be considered and coordinated with all the other cities forecasts within the County. Third, the County's review of changes to the City's comprehensive plan, growth boundary, and growth alternatives/strategies will be based on an approved coordinated 2020 population forecast for the City of Woodburn pursuant to the provisions of ORS 195.036." (Marion County Community Development Department letter to DLCD, Les Sasaki, May 9, 2002). In support of travel demand model development, City shall: 1. Coordinate with and assist Contractor to develop land use/demographic data for the base year (2000) TAZ system. Data tables reflecting existing conditions following model new boundaries shall be produced. ' 2. Coordinate with Contractor to develop land use/demOgraphic data for the future year (2020) TAZ. Data tables for Year 2020 mUSt follow the new travel demand model boundaries. 3. Assist ODOr TPAU in the develOPment of model relevant data 0and use and demographics data). 4. Coordinate schedUle and document TSP Technical Advisory Committee Meetings #1 and #2 and Work Session #1. 5. Coordinate project tasks with the Community Development Department, Public Works Department, Police, and Fire. ODOT Subtasks: ODOT TPA U shaH: Participate in Work Session #1 with Contractor, City, TSP Technical Advisory Committee, ODOT and DLGD to interpret how applicable plans and policies are expected to impact the TAZ allocations and to define an allocation methodology for future development assumptions, in terms of loeatlon, density, housing type and employment type. Complete the EMMFd2 Modeling of the three land use alternatives based on TAZ allocation provided by Contractor. Develop and calibrate a new travel demand model for the study area as follows: -15- ATTACHMENT Page liD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI 2 ODOT TPAU shall P~epare State of the Practice Travel Demand Model Objective: Develop a comprehensive travel demand model capable of estimating peak period(s) and daily person vehicglar trips. Through this effort a set of new models (trip generation, distribution, and assigllment) shall be developed for the Woodburn area. The major goal'of this effort is to rebuild the model and make full use of local (County and State) available travel behavior information. A complete set of travql demand models for the Woodburn area is the product of this work. This set includes trip generation, trip distribution, and trip assignment for the 2000 base year and the 2020 forecast years. This new set of models will take advantage of the ODOT's 1995 locally collected household traVel survey data, thus minimizing the use of aggregated and synthesized factors and parameters used in older models. To achieve the proper level of analysis sensitivity for the study area, the reCOmmendations outlined and discussed in ODOT's "Travel Demand Model Development and Application Guidelines" document for Non-MPO areas shall be followed throughout the development of this model. Model Structure - The proposed model estimation sequence must adhere to the traditional four- step process applied and implemented within the EMMFJ2 software package. The hip generation model must be a cross-classification model, stratified by various household characteristics (income, house ze, worker per household; tc). The distribution model must util/ze local area highway travel time, demographic and land-use characteristics implemented within the specific trip purpose impedance utilities. The model inputs must consist of: · !-~rtd use and demographic data allocated according to a predefinod set of traffic zones; · Network data that describes all the physical characteristics of the road links that connect Model output includes: · Travel time for all o~igin destination pa/rs between zones; · Travel time and auto volume for all links that connect zones. Develop a new EMMFd2 model within the identified plarm/ng area. Attend and participate in TSP Technical Advisory Committee Meetings #1 and #2. Contractor Subtasks: Methods and Tasks: Contractor shall gather data and information to determin~ the current conditions, deficiencies and transportation needs. Contractor shall determine future transportation conditions, deficiencies and needs based on an analysis of results from the new travel demand model aSSumptions for an expanded City planning area. Contractor shall review and revise, in coordination with the City and the TSP Technical Advisory Committee, City goals, policies for the purpose of responding to incremental changes projected for 2015 through 2020 and identified issu~ and studie~. -16- ATTACHMENT Page ! 7' of TOM Grant Agreement No. 19786 TGM File Code 2Q-G'.. EA # TGM5GT12 Contractor shaH: Subtask 1.1 Schedule and maintain monthly contact, including written and/or oral comments, with City and Contract Administrator to ensure smooth completion of the project. Subtasks 1.2 Determine all future year population and employment projections and disaggregation to TAZs for purpose of modeling alternatives and shall coordinate this work with the City. Contractor shall provide the above data to ODOT TPAU for the EMME/2 model task. In support of travel demand model development, Contractor shall: · Coordinate with the City to develop land use/demographic data for the future year (2020) TAZ. Produce data tables for Year 2020 that follow the new travel demand model boundaries. · AsSist ODOT TPAU in the development of model relevant data (land use and demographics data) Subtask 1.3 Identify expanded planning area that responds to annexations that occurred since the 1996 TSP as well as future annexation areas. Coordinate with ODOT, DLCD, County and other affected agencies to develop a plann/ng study area map; Subtask 1.4 Identify issues that need to be addressed in the 2020 update considering the following recent or ongoing planning efforts. Identify necessary changes to address consistency. Coordinate with County, ODOT, DLCD and affected agencies. Complete a TAZ map and a report containing TAZ data in table format. When developing future TAZ structures, it is intended that individual TAZs should conform to jurisdictional boundaries to the extent practicable. Minor variations may occur to account for census geography or other physical features and conditions. Review Oregon Transportation Plan (OTP) and OHP and relevant corridor and/or refinement plans. Review County plans. Coordinate with the findings and recommendations of the County UGMA. Address consistency with City TSP. Specifically analyze updated access standards, functional classifications, truck route designations and Volume to Capacity (V/C) standards to determine if changes should be made to City standards, both at a system level and on specific roadways. Coordinate the TSP Update with the other studies completed or currently underway. Highway 214 Alternatives Analysis (completed 1999-2000), the Woodbum Interchange Refinement Plan (completed 1999-2000), and the Woodbum Interchange Management Plan. The TSP Update must include a lOCal circulation strategy for the areas adjacent to Highway 214 and the I-5 Interchange and address access management by considering access points on Highway 214. Additionally, any information that is available from the EA for the Woodbum Interchange Management Plan must be incorporated into the TSP Update. -17- ATTACHMENT _~, Page 16 , of llD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI2 Complete a TAZ map ~nd corresponding report containing TAZ data in table format for three land use alternatives - intensify land use within existing UGB and two UGB expansion options. The land use options are mainly driven by outcomes of the City's Goal 9 and Goal 10 Analysis under Periodic Review, which is being conducted simultaneously with the TSP Update through a Periodic Review Grant Project. Coordinate with the Buildable Lands Study, including its altemative analysis pursuant to ORS 197.296(7), the Woodburn Economic Opportunities Analysis and Development Strategy Final Report, and the land use alternatives from the Periodic Review project. Contractor shall participate in Work Session #1 with City, TSP Technical Advisory Committee, ODOT and DLCD to interpret how these plans are expected to impact the TAZ allocations and to define an allocation mOthodology for future development assumptions, in terms of location, density, housing type and employment type. Contractor shall apply this methodology to create a draft TAZ allocation fqr each alternative. Contractor shall review draft allocation and revise per comments by City, TSII' Technical Advisory Committee, ODOT and DLCD. Review any other appropriate studies or analysis that should be considered in the 2020 TSP · Update and incorporate any relevant information into the TSP Update. Subtask 1.5 .. ODOT and the City shall provide the Contractor with base inventory information and recent vehicle classification and traffic counts suitable for update of the TSP. The Contractor shall ' complete a Technical Memorandum #1 to update TSP chapter reporting on the following: · Assess street functional ~'ln.~sifications and rev/se as agreed upon by TSP Technical Advisory Identify capadty, local circulation, safety, access management, parking and maintenance needs on the current roadway system. Identify future rights of way to accommodate multimodal system needs. Evaluate the following TSP systems for potential revisions in accordance with the TSP Guidelines 2001 0isted on pp. 20-21 of the TSP Guidelines). Cobrdinate with City, County, and ODOT on faCilities under their jurisdiction. Coordinate with ODOT on consistency to meet state requirements. - Street Inventory - Public Transportation Inventory - Rail Inventory (commuter rail as an alternate means of transportation), -. Bicycle and Pedestrian Inventory, - Air Transportation Inventory - Pipeline Inventory - Water Transportation Inventory Additional Inventory Items when necessary: Intermodal connections and fadlifies, Freight routes, Adjacent land uses, Land uses that significantly impad state highways, Major activity centers, Growth patterns, Impact on minority and low-income populationst -18- ATTACHMENT Page, ./'~_ of TOM Grant Agreement No, 19786 TGM File Code 2Q-0 l EA # TGMSGTI2 · Evaluate strategies for enhancing the role of rail transportation and recommendations for better integrating this mode with other travel modes. · Evaluate Transportation Demand Management (TDM) Strategies and Transportation System Management (TSM) strategies for possible revisions. · Evaluate high traffic volumes of special events. Subtask 1.6 Contractor shall prepare Technical Memo #2 to update the TSP chapter that describes current conditions and deficiencies by using the inventory data as a basis for describing the current condition of the transportation system and determining Where the system is currently deficient. The analysis must cover streets, public transportation, bicycle/pedestrian facilities, rail, air, pipeline and water transportation. Technical Memo//2 must also address intermodal connections, freight routes, land use and major activity centers. Subtask 1.7 Contractor shall identify future travel demand, capacity, and deficiencies and needs for the trarmportation .system based on the modeling results provided by ODOT TPAU assuming time ~hrec'~°~~7~.Ssf=~__t~_~ ~o~s?.cs ~and not~o~n specific content of the modeling results. chapter that: y~ must oe m me Form oF i-eclmical Memo I/3 and an'updated TSP. Describes the demands on the transpo~fion system through the planning horizon; · C6mpares those demands to system capadty and identified deficiencies in that system; · Describes overall transportation System needs. · The information must be presented in tabular and narrative form with maps showing where gaps between capacity and demands on the system a~e likely to be the greatest. Subtask 1.8 Contractor shall present Task 1 products at TSP Technical Advisory Committeo Meetings gland #2. C0~iYactor Deliverables Copies Contractor Task : Amount la. Monlhly contact, including written and/or oral comments, with City and Contraot Administrator (subtask 1.1) lb. Population and employment data by TAZ for forecast year 1 electronic copy and 1 (2020). (subtask 1.2) reproducible copy Updated system Inventories for Streets, Public transportation services, Track mutes/freight movement, Rail, Pedestrian and Bicycle, AJr, Pipeline and Water Transportation. ($ubtesk 1.5) to support preparation of Teshnk~l Memorandum #1 -19- ATTACHMENT Page ~ of llD TOM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GT12 Contractor Deliverables Copies Contractor Task Amount lc. Attend and participate in Work Session #1. (Subtask 1.4) ld. Study Area Map (Sub~sk 1.3) I reproducible map le. TAZ zone maps (Subt~sk 1.4) I reproducible map for each future analysis scenario lf. Refined TAZ data in table format (subtask 1.4) I electronic copy for each future analysis scenario lg. Technical Memorandu,lm #1 (subtask 1.5) I electronic copy and 1 reproducible copy lh. Technical Memorandum #2 (Task 1-6) I electronic copy and 1 reproducible copy li. Technical Memorandum #3 (Task 1-7) I electronic copy and 1 lj. Presentation of Task I I:~oduc~. and record meeting 1 electronic copy and 1 minutes for TSP Technical }NJvisory Committee Meetings #1 reproducible copy of and #2. (Task 1-8) pres~t~tion materials Total $45.465 Task 1 Schedule Contract Administrator review ofpro~ess towards completion of City and Contractor deliverables will be completed by end of Month 5. Periodic Review Product 1 Subtasks 1-5 are zeheduled to be compl~ed by December 31, 2002. City and Contractor shall not complete TSP Update Task 1 until th~ Periodic Review Grant project Tasks 1-5 are complete and input for database and forecasting have been provided to incorporate into the TSP Update Task 1. Contract Administrator shall determine if above deliverables are sufficiently complete or underway to proceed with remaining tasks. Contract Administrator shall advise City and: Contractor of decision regarding termination or remedy in writing or by e-mail. Task 2. Identify Preferred Alternative Team Roles: ODOT shall participate as a member of the Technical Advisory Committee. City shall assist with presentations, document meetings,' and coordinate with the Contractor in performing the described tasks. Contractor shall perform technical work as noted in tasks below. Objective: To develop and evaluate system alternatives that eliminate transportation deficiencies and needs. To identify a 2020 preferred multimodal transportation system that accommodates 2020 sYstem needs and addresses the TPR and OHP requirements, and resolves outstanding issues. To coordinate Task 2 work with ODOT, DLCD, County and other affected - 20 - ATTACHMENT Page'S/ of ~ ltD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GT12 agencies. City and Contractor shall coordinate the TSP Update project Task 2 work with the Periodic Review Grant project and shall not complete Task 2 until information is provided from Tasks 6 and 7 of the Periodic Review Grant project (Product 2 of the Periodic Review Grant project). (Task 6 of the Periodic Review Grant project is to create urban growth alternatives and Task 7 is to evaluate and select three preferred growth alternatives.) Tasks 6 and 7 are scheduled for completion by October 1, 2002 and must be completed before the TSP Update Task 2 of this project is completed so that coordination is possible. City Subtasks: City shall: Coordinate, schedule and document all meetings, and coordinate with the Contractor in performing the described tasks. Methods and Tasks: Contractor shall develop the system alternatives and evaluation criteria for preferred alternative transpo~on system and coordinate this.work with ODOT, DLCD, County and other affected agencies. Contractor shall make two presentations to TSP Technical Advisory Committee, consider technical and public commeats, and develop text. and maps as described. Contractor Subtaslm: Contractor ~hall: Subtask 2.1 Contractor shall schedule and maintain monthly contact, including written and/or oral Comments, with City and Contract Admi~strator to ensure smooth completion of the project. Subtasks 2.2 Identify revisions to City transportation goals, policies, and actions that respond to Task 1 analysis. Subtask 2.3 Develop and evaluate system alternatives that address deficiencies and needs based on the Task 1 analysis and Periodic Review Task 7 results. Evaluate the following components of system alternatives and prepare Technical Memorandum//4 to address the following: 1. Improvements to existing facilities or services. 2. New facilities and services including different modes or combination of modes that could reasonably meet identified mmsportation needs. 3. T.SM measures. 4. 2'DM measures. -21 - ATTACHMENT Page =?*-~ of liD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSGTI2 5. A No-build system. Ensure that the evaluation addresses the system elements identified in OAR 660-012-020. Complete the evaluation and selection of the alternatives consistent with the standards used to evaluate and select alternatives that are identified in OAR 660-012-0035 (3), OHP, State TSP and State Land Use Goals, regional plans, and City goals and policies. The transportation system alternatives must be evaluated using the Measures of Effectiveness developed by the Contractor under the direction oft. he TSP Technical Advisory Committee and ODOT. These measures of effectiveness include: - V/C Ratio - Alleviation of capacity problems - Addition of road capacity - Transit ridershtp - Mobility for the transportation disadvantaged. - Cost - Livability - Economic/sodal and environmental impacts, including impacts on low-income and minority populations. The product-of this analysis must be a technical memo (Tei:hnical Memo//4) and updated TSP chapter that identifies solutions, develops transportation system alternatives and evaluates those alteaimtives. Technical Memo #4 must include a written descriptiOn of the alternatives (up to three alternatives plns the no build for a total of four), evaluation process, potential impacts, cost · e~im~t_~ for the proposed improvements (projects), maps depicting the location of the projects within the alternatives, and a table comparing the alternatives against the evaluation criteria and thc Measures of Effectiveness. An alternative is defined to include system capacity and/or operational improvements. The Contractor shall evaluate the pwposed solutions for their environmental viability. Solutions with obvious environmental "fatal flaws" must be revised to minirni~ the environmental concerns; Contractor shall coordinate the wodc in Subtask 2.3 with DLCD arid the Periodic Review Grant project work on refinement of the land use alternatives. Contractor shall prepare documents of draft system alternatives including text, maps, and model runs, or other formats as agreed upon by TSP Technical Advisory Committee and ODOT TPAU. Subtask 2.4 Prepare presentation material and give one presentation to TSP Technical Advisory Committee at Meeting'//3 to receive input on potential transportation system alternatives and selection criteria. Subtask 2.5 Select a preferred alternative that addresses transportation dofioienoi~ and needs, and is coordinated with the Periodic Review Grant project Work for tho preferred land nse alternative, and responds to comments from the public, the TSP Technical Advisory Committe~, ODOT, DLCD, the County and other affected agencies. - 22 - ATTACHMENT /~ Page o,~_.~ of -~ 11D TGM Grant Agreement No. 19736 TGM File Code 2Q-01 EA # TGM5GT12 Prepare presentation materials and present to TSP Technical Advisory Committee and other affected agencies to review and comment on the recommended preferred alternative. Prepare revised transportation system and an updated TAZ data table for the recommended preferred alternative (coordinated with DLCD Periodic Review Grant project) and proVide to ODOT for modeling. Subtask 2.6 Identify preferred alternative improvements and prepare Technical Memorandum #5 that includes the information from the following subtasks: Develop updated text, tables, and maps that identify improvements to the following systems: bicycle and pedestrian, public transportation, street, golf cart, rail, intersection, signal, TDM, TSM, fi.eight routes, air transportation, water transportation, and pipeline. Develop updated text and maps to identify the improvements, functional classification system, and 2020 right of way needs. Subtask 2.7 Identify planning level COst estimates for the preferred alternative and develop a Draft Financial Plan that responds to the existing fi~ancial plan parameters and TPR requirements. Contractor 'shall prepare a · ' · ' ~ng-rang_.e transp.o, rtation.lm, provement program_ which implements the TSP and Transportation mance l'rogram mat explains how projects identified in the tramportation improvement program will be funded. The product of this analysis is a Final Financial Plan and updated TSP chapter that: · Identifies a list of planned transportation facilities and major improvements, and documents why each project Was selected. Provides a general estimate of the timing for planned transportation facilities and major improvements identified in the TSP. Provides an estimate of environmental impacts of proposed (major) facilities. Discusses each facility or service providers existing funding mechanisms and the ability of these and new mechanisms to fund the projects identified in the transportation improvement program; identify use of System development charges ($DC's) ff applicable. To the greatest extent possible, projects should be prioritized within the transportation improvement program. Contractor Deliverables Copies Contractor Task Amount 2a. Monthly contact, Including wHiion and/or oral comments, with City and Contract Administrator (8ubtask 2.1) ATTACHMENT liD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSGT12 Contractor Deliverables Copies Contractor Task Amount 2b. Draft updated goals, policies, and actions (Subtask 2.2) I electronic copy 2c. Technical Memorandum/M including draft system alternatives I electronic/digital copy (maps, model runs, and text) (Subtask 2.3) and reproducible copy as appropriate 2d. Presentation materials and presentation to TSP Technical I electronic/digital copy Advisory Committee on potential alternatives at TSP Technical and reproducible copy of Advisory Committee Meeting #3. (Subtask 2.4) presentation materials I 2e. Select a preferred alternative that addresses the criteria, the I electronic/digital copy preferred land use altemafiw'~ and responds to public and TSP and reproducible copy of Technical Advisory Comrnitb ~e comments. Presentation materials presentation materials and presentation to TSP Technical Advisory Committee to select preferred alternative (SubtaSr~(2.5) 2e. Technical Memorandum ~5 with preferred altemafives text, 1 electronic/digital copy tables and maps (Subtask 2.6) and reproducible copy as appropriate 2f. Preferred altemative Draft and Final Financial Plan (Subtask I electronic copy 2.7) .. Total $33,073 Task 2 Schedule for Completion: Months 3-9 from notice to proceed. Contract Administrator review of progress towards completion of City and Contractor deliverables shall be completed by end 0fmonth 9. Contract Administrator shall determine if above deliverables are sufficiently complete or underway to proceed with remaining tasks. Contract Administrator shall advise City and Con,actor of decision regarding termination or remedy. Task 3. Prepare Draft 2020 TSP 't Team Roles: City shall assist in meeting presentations, document meetings, and coordinate with the Contractor. City and Contractor shall coordinate and staff'the three open houses and log comments. Objective: To develop a Draft 2020 TSP based on the preferred alternative that results in acceptable V/C ratios for state highways and an appropriate performance standard for City facilities, is consistent with State and regional plans and fulfills State, regional, and local planning requirements. To coordi~te the development of a Draft 2020 TSP with ODO.T, DLCD, County and other affected agencies. - 24 - ATTACHMENT ,/~ Pageo?~ of ~ lid TGM Grant Agreement No. 19786 TGM File Code 2Q-0I EA # TGM5GTI2 City Subtasks: City shall: Document meetings, and direct Contractor. Coordinate and staff the three open houses and log comments. Contractor Subtasks: Contractor shall prepare draft text, maps, figures and financial plan to describe the selected preferred transportation system. Contractor shall incorporate the Alternatives Analysis of Highway 214, the Interchange Refinement Plan and the Woodbum Interchange Management Plan and EA into the 2020 TSP draft and coordinate the draft plan with ODOT, DLCD, County and other affected agencies. Contractor shall make presentations to the TSP Technical Advisory Committee to receive comments on draft products. Contractor shall prepare a comment/response log. Contractor shaH: Subtask 3.1 Contractor shall schedule and maintain monthly co'ntaet, ~cluding written and/or oral comments, with City and Contract Administrator to ensure smooth completion of the project. Subtask 3.2 Prepare a preliminary draft 2020 TSP. Prepare draft goals, policies, and actions to reflect the preferred alternatives. Prepare draft 2020 TSP chaPters with tables, figures, and maps to reflect the preferred alternative consistent with State, regional and local plan requirements. Develop financial plan. Incorporate Alternatives Analysis of Highway 214 and the Woodburn Interchange Refinement Plan into the draft 2020 TSP. · Incorporate the Wo0dburn Interchange Management Plan including any information from the Woodbum Interchange EA into the draft 2020 TSP. Incorporate necessary information from the Periodic Review Grant project into the draft 2020 TSP. Provide draft 2020 TSP to ODOT, DLCD, County and other affected agencies for review and comment two (2) week~ before the open house presentations at Open House Subtask3.3 Prepare presentation materials and give one presentation at the TSP Technical Advisory Committee Meeting/14 to receive comment on the Draft 2020 TSP. Prepare comment and response log. Make revisions as appropriate. - 25 - ATTACHMENT Page ~ of TGM Grant Agreement No. 19.fSgDll TGM File Code 2Q-01 EA ~ TGM5GTI 2 Subtask 3.4 Schedule and facilitate three (3) open houses in coordination with affected agencies to receive public comment on the draft 2020 TSP. Contractor Deliverables Copies Contractor Task Amount 3a. Monthly contact, includ~g written and/or oral comments, with City and Contract Administrator (Task 3-1) 3b. Draft 2020 TSP (Task 3~2) I electronic/digital copy and 1 reproducible copy 3c Presentation materials and presentation to TSp Technical I electronic/digital copy Advisory Committee on Draft 2020 TSP at Meeting $4. and 1reproducible copy of Prepare.comments/responSe Icg. Make revisions to lhe draft all meeting presentation 2020 TSP based on comments received. (Task 3-3) materials as well as 1 electronic copy of comments and responses 3d. Coordinate and facilitate two(2) area wide coordinated I hard copy of presentation open houses to present and receive comment on the Draft materials including maps 2020 TSP (Open Houses #1 and ~2) (Task 3-4) .. 3e. Coordinate and facilitate one(l) open house on revised I hard copy of presentation Draft 2020 TSP (Open House #3) (Task 3-4) materials Including maps Total $26,462 Schedule for Completion: 8-12 months from notice to proceed. As mentioned above, Phase 1CTasks 1 - 3) is to be completed by June 30, 2003. Contract Administrator review of progress towards completion of City and Contractor deliverables shall be completed by end of month 12. Contract Administrator shall determine if above deliverables are sufficiently complete or underWay to proceed with remaining tasks. Contract Administrator shall advise City and Contractor of decision regarding termination or remedy. Task 4. Final Draft 2020 TSP, Implementing Ordinance Preparation, And Work Session Team Roles: Contractor shall prepare Final Draft 2020 TSP and implementing ordinances that responds to comments by the public, City Council and Planning Commission. Contractor shall make presentation.~ to the TSP Technical Advisory Committee, Planning Commission and City Council. The Contractor shall provide the proposed amendments to the City codes and Comprehensive Plan to DLCD, ODOT, County and other affected agencies for review and comment two weeks prior to the Planning Commission work session and Public Hearing. The Contractor shall prepare a comment/response log and revise documents. Contractor shall - 26 - ATTACHMENT. Page .~'7_ of., prepare the final 2020 TSP for adoption by the City Council. document meetings, and coordinate with the Contractor. liD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI2 City shall coordinate logistics and Objective: To prepare the Final Draft 2020 TSP and implementing ordinance amendments to the Comprehensive Plan, Development Code, Subdivision Standards and Access Management Ordinance to adopt and implement the 2020 TSP update. Methods and Tasks: Contractor shall amend City codes and plans for adoption and to implement the 2020 TSP as required by State Law. Contractor shall facilitate and present draft code and plan amendments for the work sessions at Planning Commission and City Council meetings. Contractor shall provide the proposed amendments to City codes and plan to DLCD, ODOT, County and Other affected agencies for review and comment. Contractor shall provide revised Comprehensive Plan and Development Code amendments after the work sessions incorporating comments fi.om DLCD, ODOT, County and other affected agencies, the public and policy direction to staff fi'om Planning Commission and City Council. ' City Subtasks: City shall: " Process the draft ameadments. Coordinate, schedule and document TSP Technical Advisory Committee Meeting #5 and coordinate with the Contractor in performing the described subtasks Within Task 4. Schedule Work Session #2 with Planning Commission on the 2020 TSP and implementing ordinance amendments. (Contractor shall make the presentation to planning Commission.) Schedule the public hearing with Planning Commission on the 2020 TSP and implementing ordinance amendments. (Contractor shall make the presentation.) Schedule Work Session #3 with City Council on the 2020 TSP and implementing ordinance amendments. (Contractor shall make the presentation.) Schedule a public hearing with City Council on the 2020 TSP and implementing ordinance amendments. (Contractor shall make the presentation.) Contractor Subtasks: Contractor shall: Subtask 4.1 Contractor shall schedule and maintain monthly contact, including written and/or oral comments, With City and Contract Administrator to ensure smOOth completion of the projeCt. ATTACHMENT- ~(~ Page ~ of_ liD TOM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI2 Subtask 4.2 Review the Comprehensive Plan, Development Code, Subdivision Standards and Access Management Ordinance. Subtask 4.3 Identify specific map and text amendments to these plans and codes to adopt and implement the 2020 TSP. Subtask 4.4 Prepare draft map and text amendments to the Comprehensive Plan, Development Code, Subdivision Standards and Access Management Ordinance. Subtask 4.5 Provide the Revised Draft 2020 TSP and draR implementing ordinances at TSP Technical Advisory Committee Meeting//5. Contractor shall make presentation at the meeting. The Contractor shall provide the prgposed amendments to the City codes and plan to DLCD, ODOT, County and other affected agencies for review and eommei~t two (2) weeks prior to the Planning Commission work session and Public Hearing. Subtask 4.6 ' Prepare and main~ a comment/response log of the input received on the draft ordinances. Subtask 4.7 Prepare revised draft map, ordinances and text amendments responsive to comments received from the TSP Technical Advisory Committee, DLCD, ODOT, County and other affected agencies. Subtask 4.8 Give pre~catation at Planning Commission Work Session//2 on the Draft 2020 TSP and implementing ordinance amendments. Subtask 4.9 Give presentation at City Council Work Session//3 on the Draft 2020 TSP and implementing ordinance amendments. Subtask 4.10 Prepare the Final Draft 2020 TSP and Implementing Ordinances ATTACHMENT Page ,-~'~?: of llD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGM5GTI2 Subtask 4.11 Present the Final Draft 2020 TSP and Implementing Ordinances at the Planning Commission Public Hearing. Subtask 4.12 Present the Final Draft 2020 TSP and Implementing Ordinances at City Council Public Hearing. Contractor Deliverables Copies Contractor Task Amount 4a. Monthly contact, inclUding wHO. un and/or oral comments, with City and Contract Administrator [Subtask 4.1] 4b. Draft Comprehensive Plan, Development Code, Subdivision I electronic/digital copy Standards and Access Management Ordinance amendments for and 1 reprodudble copy adopting and implementing the 2020 TSP. Contractor shall provide the proposed amendments to the City codes and plan to DLCD, ODOT, County and other affected agencies for review and comment 2 weeks prior lc) Planning Commission work session and Public Headng, [Subtask 4.2, 4.3 and 4.4] ., 4c. Prepare presentation material and present the Revised Draft TSP 1 electronic/digital copy and the Draft Implementing ordinarices at the TSP Technical Advisory and I reproducible copy Committee Meeting ~5. LOg of comments and responses [Subtasks 4.5 of all meeting and 4.6] presentation materials 4d. Revised d~u[i map and text amendments to City Comprehensive I electronic/digital copy Plan, Development Code, Subdivision Standards and Access and I reproducible copy Management Ordinance, Incorporating City, County, ODOT and DLCD comments [Subtask 4.7] ' 4e. Proc.~-~taflon to Planning Co~ff~ssion at Work Session ~2 of the 1 electronic/digital copy Revised Oraft 2020 TSP and implementing ordinances [Subtask 4.8] and I reproducible copy Log of comments and responses (Subtask 4.6) of all meeting presentation materials 4f. Presentation to City Council Work Session #3 of the Revised Draft 1 electronic/digital copy 2020 TSP and implementing ordinances [Subtask 4.9] and 1 reproducible copy Log of comments and responses (Subtask 4.6) of all meeting presentation materials 4g. Prepare the Final Draft 2020 TSP and Implementing ordinances that I electronic/digital copy responds to City Council and Public Comments [50% of Subtask 4.10] and 1 reproducible copy of ordinance 4h. ~epara~on of the Ordinance for adoption of the 2020 TSP. [50% of 1 eleclronic/digltal copy Subtask 4.10] ' and 1 reproducible copy of ordinance 41. Prese,~;a;;on at Planning Commission public headng of the Final 1 electronic/digital copy - 29 - ATTACHMENT /~ Page .3o_ of ~'~' llD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSGTI2 Contractor Deliverables Copies Contractor Task Amount Draft 2020 TSP and Implementing Ordinances. [Subtask 4.11] and I reproducible copy of all meeting Log of comments and responses (Subtask 4.6) presentation materials 4j. Presentation at City Cour~cil public hearing for the Final Draft 2020 1 electronic/digital copy TSP and Implementing Ordil~ances. [Subtask 4.12] and 1 reproducible copy of all meeting Log of comments and responses (Subtask 4.6) presentation materials Total $25,000 Schedule for Completion: 13-18 months. As mentioned above, Phase 2 (Task 4) was approved to span into the 2003-2005 biennium and shall be completed by January 6, 2004. - 30 - ATTACHMENT Page ~ of EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION llD TGM Grant Agregment No. 19786 TGM File Code 2Q-01 EA # TGMSGTI 2 Contractor certifies by signing this contract that Contractor has not: (a) Employed or retained for a commission, percentage, brokerage, contingency fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure ~bis contract, (b) agreed, as an express or implied condition for obtaining this contxact, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay, to any finn, organization or person (other than a bona fide employee working solely for me or the above consultanO, any fee, con~bution, donation or consideration of any kind for or in connection with, procuring or carrying out the 'contract, except as here expressly stated (if any): Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil AGENCY OFFICIAL CERTi3'ICATiON (ODOT) Dcparancnt official likewise certifies by signing this contract that Contractor or his/her representative has not been required directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this contract to: (a) Employ, retain or agree to employ or retain, any finn or person or Co) pay or agree to pay, to any firm, person or organization, any fee, conm'bution, donation or consideration of any kind except as here expressly stated (if any): Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. EXHIBIT C Federal Provisions Oregon Deptthnent of Transportation I. CERTIFICATION OF NONINVOLVEMENT IN ANY DEB~ME~ AND SUSPENSION Contractor certifies by signing this con~act that to thc best of its knowledge and belief, it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declal%-d inelig~le or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not w/thin a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commltsion of embezzlement, theft, forgery, bribery falsification or destruction of records, making false statements or receiving stolen property; Ran,. 5/10/2000 AO~T -31 - ATTACHI~IENT /~ Page _~ of ~' llD TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSG¥12 Are not presently indict~ for or otherwise criminally or civilly charged by at governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and Have not within a three-Year period preceding this application/proposal haG one or more public transactions (federal, stale or local) terminated for cause or default. certification, in addition to other remedies available to the Federal Government or the Department may terminate this transaction for cause of default. The Contractor shall provide immediate written notice to the Department to whom this proposal is submitted if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Where the Contractor is unable Io certify to anY of the statements in this certification, s~ach prospective participant shall attach an explanation to this proposal. List exceptions. For each exceP~on noted, indicate to whom thc exception applies, initiating ~tgency, and dates of action. If additional space is required, a~tach another page with the following heading: Certification Exceptions continued, Contract Insert. EXCEPTIONS: The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", and "voluntarily excluded", as used in this chuse, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Deparunenfs Program Section (Tel. (503) 986-3400) to which this proposal is being submitted for assistance in obtaining a copy of those regulations. Exceptions will not necessarily ~Vcsult in denial of award, but will be considered in datermininV Contractor respons~ility. Providing .... false information ma~ rem l lt. in criminal prosecution or I~chmnmti'ative talllctions. The Contractor is advised that by signing this contract, the Contractor is decmod to have signed this certification. II. INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS 1. By signing this contract, thc Contractor is providing the certification set out below. · The inability to.provide the certification required below wiU not necessarily result in denial of participation in this covered transaction. The Contractor shall explain why he or she cannot provide the certification set out below. This explanation will be considered in connection with the Oregon Department of Transportation determination to enter into this transaction. Failure to furninh an explanation .hnll disqualify such person from participation in iris transaction. The certification in this clause is a material representation of fact ulmn which reliance was placed when the ~t determined to enter into this transaction. If it is hte~ determined that the Contractor knowingly xendered an erroneous The Contractor agrees by submitting this proposal that, should the proposed covered/ransaction be entered into, it shall not knowingly enter in~o .any' lower tier covered transactions with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unicos authorized by thc. Department or agency entering into this transaction. Thc Contractor further agrees by submitting this proposal that it will include the Addendum to Form FHWA-1273 tiffed, "Appendix B~catiot~ Regarding Debarment, Suspension, Inelig~ility and Voluntary Exclusion-Lower Tier Covered Transactions", provided by the Department entering into this covered transaction without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that thc certification is erroneous. A participant maydecide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non~rocurement List published by the U. S. Oencral Services Administration. R~v. ~/~000 AORJ~D(X~T - 32 - ATTACHMENT Page~ of Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information ora participant is not required to exceed that which is normally possessed by a prudent person in -.., .ummy course olouslness dealings. III. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction With a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government or the Depar~ent, the Department may.terminate this ttlmsaction for cause or default. ADDENDUM TO FoRM FHWA-1273, REQUIRED CONTRACT PROVISIONS This certification applies to subcontractors, material suppliers, vendors, and other lower tier participants. · Appendix B of 49 CFR Part 29 - Appendix B-Certification Regarding Debarment, SuspensiOn, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transactions Instructions for Certification By signing and submitting ~ conUact, the prospective lower tier participant is providing the cerdfication set out below. ' The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or . agency with which this transaction originated may pursue available remedies, including suspemion and/or debarment. .The prospective lower tier participant shall provide unmediate written notice to the pemm to which this conirac~ is submitted fiat any time the prospective lower tier participant learns ltmt its cCnfification was erroneous when submitted or has become erroneous by reason of changed circummnces. R~v. ~/10/2000 AOILHIDC~RT - 33 - lid TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSGT12 The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and Coverage sections of roles implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared inelig~le or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this contract that it will include this 'Clause tided, "Certification Regarding Debarment, Suspension, Ineligfoility and Voluntary Exclusion-Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. ° A participant.in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered Iransaction that it is not deban-ed, suspended, ineligible or voluntarily excluded from the covered transaction, unless 'it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement list. Nothing contained in the foregoing shall be consirued to require establishment of a system of records to render in good faith lhe certification required by this clause. The knowledge and information of a participant is not required to exceed'that which is normally possessed by a prudent person in the ordln,,~ course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is ATTACHMENT A Page ~-- of -~ TGM Grant Agreement No1. ~86 TGM File Code 2Q-01 EA # TGMSGTI2 suspended, debarred, iaeligible or voluntarily excluded from particil~atiun in this ~'ansaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originaled may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntaky Exclusion-Lower Tier Covered Transactions The prospective lower tier participant certifies, by submission of ~is proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or vohntarily excluded from participation in thi~. transaction by any Federal deparanent or agenL'y. Where the prospective lower tier participant is unable to certify to'any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. IV. EMPLOYMENT Contractor warrants tha~ he has not employed or retained any company ot person, other than a bona fide employee working golely for Contractor, to solicit or secure this con~ct and that he has not paid or agreed to pay any company or person, other than a bona fide en-~ployee working solely for Contractors, any fee, commission, percentage, brokerage fee, girls or may other consideration contingent upon or resn~ng from the award or making of this contract. For breach or violation of this warranting, Department shall have the fight to annul this contract without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount .of such fee, commission, percentage, brokerage fee, gift or contingent fee. Contractor shah not engage, on a full or part-time basis or other basis, during the period of the contract, any professional or technical personnel who are or have been at any time during the period of this contract, in the employ of Department, except regularly retired employees, without written consent of the public employer of such person. 3. Contractor agrees to perform consulting services with that standard of care, skill end diligence normally prov/ded by a profeasional in the performance of ~udl col~lltiag lervicea on work sinfilar to that hereunder. Depaxtment ~ be Rev. 5/10/200o AOR. FEDCIlRT -,34 - entitled to rely on the accuracy, competence, and completeness of Contractor's services. V. NONDISCRIMINATION During the performance of this contract, Contractor, for himself, his assignees and successors in interest, hereinafter referred to as Contractor, agrees as follows: Compliance with Regulations. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and Section 162(a) of the Federal-Aid Highway Act of 1973 and the Civil Rights Restoration Act of 1987. Contractor shall comply with the regulations of the Department of Transportation rehtive to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are incorporated by reference and made a part of this contract. Contractor, with regard to the work performed after award and prior to completion of the contract work, shah not discriminate on grounds of race, creed, color, sex or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in the discr/rnination pro~'bited by Section 2 1.5 of the Regulations, including employment practices, when the contract covers a program set forth in Appendix B of the Regulations. Solicitation for Subcontractors, including Procurement of Materials and Equipment. In all solicitations, either by con~tifive bidding or negotiations made by ConUaetor for work to be performed under a subcontract, including procurement of nmterials and equipment, each potential subcontractor or supplier shall be notified by Con~'aetor of Contractor's obligations under this contract and regulations relative to nondiscrimination on the grounds of race, creed, color, sex or national origin. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Ac0. During the performance et' ~ contract, Contractor agrees as follows: a. Contractor will not discriminate against any employee or applicant for emplolnaent because of race, ca. ed, color, sex or national origin. Contractor will take affirmative action to ensure that apPlicants are employed, and that employees are treated during employment, ATTACHMENT A Page~ of ~, without regard to their race, creed, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or n'ansfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notice setting forth the provisions of this nondiscrimination clause. b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. Information and Reports. Contractor will provide all information and r~ports required by the Regulations or order~ and instructions issued pursuant thereto, and will permit access to his books, records, accounts, other sources of information, and his facilities as may be determined by Department or FHTvVA as appropriate, and shall set forth what efforts lie has made to obtain the information. Sanctions for Noncompliance. In the event of Contractor's noncompliance with the nondiscriminstion provisions of the con~act, Department .shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, inelucling, but not limited to: a. Withholding ofpayraents to Contractor under the agreement until Contractor Complies; and/or b. Cancellation, termination or suspension of the agreement in whole or in part. 6. Incorporation of Provisions. Contractor will include the provisions of paragraphs I through 6 of this .~ection in every su[x:ontract, including procurement of materials and leases of equipment, unless exempt from Regulations, orders or instructions issued pursuant thereto. Contractor shall take such action with respect to ally subcontractor or procurement as Department or FHWA may direct as a means of enforCing such ' provisionn, including aanetions for noncompliance; provided; however, that in the event Contractor becomes involved in or is threatened with litigation with · subconlractor or supplier as a result of such R~v. S/IO/2000 AO~ERT - 35 - lid TGM Grant Agreement No. 19786 TGM File Code 2Q-01 EA # TGMSGT12 direction, Department may, at its option, enter into such litigation to protect the interests of Department, and, in addition, Contractor may request Department to enter into such litigation to protect the interests of the State of Oregon. VI. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY In accordance with Title 49, Code of Federal Regulations, Part 26, Contractor shall agree to abide by and take all necessary and reasonable steps to conaply with the following statement: DBE POLICY STATEMENT DBE Policy. It is the policy of the United States Department of Transportation (USDOT) to practice nondiscrimination on the basis of race, color, sex and/or national origin in the award and administration of USDOT assist contracts. Consequently, the DBE requirements of 49 CFR 26 apply to this contract. R~quired Statement For USDOT Financial Assistance Agreement. If as a condition of assistance the Agency has submitted and the US Deparlment of Transportation has approved a Disadvantaged Business Enterprise AITumative Action Program which the Agency agrees to carry out, ~ affirmative action program is incorporated into the financial assistance agreement by reference. DBE Obligations. The Oregon Department of Transportation (ODOT) and its contractor agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 have the opportunity to participate in the performance of contraCtS and subcontracts financed in whole or in part with Federal funds. In this regard, Contractor shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure that Disadvantaged Business Enterprises have the opportullity to compete for and perform contracts. Neither ODOT nor its contractors shall discriminate on the basis 0f race, color, national origin or sex in the award and performance of federally-assisted contracts. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the · award and administration of such contracts. Failure by the conmictor to carry out these .requirements is a · material breach of this contract, which may result in the termination of this contract or such other remedy as ODOT deems appropriate. The DBE Policy Statement and Obligations shall be included in all subcontracts entered int~ under figs contracL ATTACHMENT ,'~ , Page...~(P_- of ~ TGM Grant Agreement No1. t.~1~8 6 TGM File Code 2Q-01 EA # TGM5GTI 2 Records and Reports. Contractor shall provide monthly documentation tO Department that it is subcontracting with or purchasing materials from the DBEs identified to meet contract goals. Contractor shall notify Department aad obtain its written approval before replacing a DBE o4 making any change in the DBE participation listed, lfa DBE is unable to fulfill the original obligation to'~me contract, Contractor must demonstrate to Department the Affirmative Action steps taken to replace the DBE with another DBE. Failure to do so will result in withholding payment on those items. The monthly documentation will not be required after the DBE goal commitment is satisfactory to Department. Any DBE participation attained after the DBE goal has been satisfied should be reported to the Departments. DBE Definition. Only fu-w.s DBE certified by the State of Oregon, Department of Consumer & Business Services, Office of Minority, Women & Emerging Small Business, may be utilized to satisfy this obligation. CONTRACTOR'S DBE CONTRACT GOAL DBE GOAL 0 % By si~t~,ning this contract, Contractor assures that good faith efforts have been made to meet the goal for thc DBE participation specified in the Request for Proposal/Qualification for this project as required by Ol~ 200.045, and 49 CFR 26.53 and 49 CFR, Part 26, Appendix A. VII. LOBBYING The Conlxactor certifies, by signing this agreement to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. This certification is a material representation of fact upon. which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite, for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file' the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. FOR INQUIRY CONCERNING ODOT'S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF CIVIL RIGHTS AT (503)986-4354. R~v. ~/10/20/X) AOR.~)GI~T - 36 - City of oo ll, Police Department STAFF REPORT 270 Montgomery Street Woodbum OR 97071 (503) 982-2345 Date: From: To: August 19, 2002 ~~,,, Paul Null, Acting Chief of Police Mayor and City Council Through: John BrOwn, City Administrator Subject: Liquor License Application - La Sierra Mexican Restaurant Applicants: Location: License Type: Felix Lopez-Arcechiga 1475 SW Myrtle St. Dundee, OR 97115 La Sierra Mexican Restaurant (Formerly E1 Campicino Restaurant) 553 N. Front Street Woodburn, OR 97071 Ph. 503-982-0099 Full On-Premise Sales - Allows for the sale of Distilled Liquor, Malt Beverage, Wine, and Cider on premise. Recommendation: The Woodburn City Council approve a Compliance Plan as a condition of approval for a liquor license for La Sierra Mexican Restaurant; approve a conditional Full On-Premise liquor license for La Sierra Mexican Restaurant. · On August 13, 2002, the police department received an application for a liquor license from Felix Lopez, owner of the La Sierra Mexican Restaurant. The department has completed an extensive background and criminal records investigation on the applicant, and nothing of a questionable nature was found. Mr. Lopez is currently the owner of restaurants in Dundee and Forest Grove. The police departments in each of these cities were contacted and responded with positive comments about the businesses and their operations. The only police incident on record is the Forest Grove restaurant was cited in March of this year when a restaurant employee served a minor during an OLCC compliance operation. Mr. Lopez was contacted during the course of the investigation in regards to the operational plan of his establishment. Mr. Lopez plans on continuing the current restaurant atmosphere with a full service menu and normal business hours of 11:00 a. nx to 10:30 p.m. Monday through Sunday. Mr. Lopez advised he may extend his hours of operation to accommodate special events or private functions. On August 19, 2002, I met with Mr. Lopez to discuss thc police departments concerns surrounding a liquor license, due to the history of serious and persistent problems of previous businesses at this location. I also advised the applicant that due to zoning restrictions, bars, taverns, and pool halls are not allowed in the downtown business district. Based in these concerns, Mr. Lopez and I worked together in the development of a Compliance Plan to prevent previously identified problems from recurring at this business location. I explained to the applicant that the compliance plan will become a condition of liquor license approval and will stay in effect until removed by council action. Within the last twelve months, the police department has responded to four calls for service at this location, non of which were alcohol related. The police department has received nO communication from the general public or surrounding businesses in support of or against this establishment receiving a liquor license. lie cc OLCC Applicant Felix Lopez-Arcechiga 553 N. Front Street Woodburn, OR 97071 Woodburn Police Depart 270 Montgomery Street Woodbum, OR 97071 La Sierra Mexican Restaurant O.L.C.C. Co~npliance Action Plan Recognizing that the City of Woodbum and local business owners m'e striving to make downtown area a safe and viable business district; and the fact this location has a history of serious and persistent problems under previous ownership, Felix Lopez-Arcechiga, owners of La Sierra Mexican Restaurant, and the Woodburn Police Department have worked together to develop a plan to prevent criminal activity from occurring at the licensed establishment. 8. 9. 10. 11. 12. Alcoholic beverages will be served only with meals ordered and consumed on the premises; and be restricted to (3) three drinks per customer. No alcoholic bex{erages will be sold before 10:00 a.m., nor after 10:30 p.m. Require all employees to attend and successfully complete an alcohol servers class approved by the OLCC prior to serving any alcoholic beverage to any customer. No dancing will be allowed in the establishment. No pool tables will be allowed in the establishment. No public telephone inside or outside the business. No one will be allowed to use premise phone unless they have an emergency. Check ID of any one who orders an alcoholic beverage and appears under the age of 30. Live music is limited to non-amplified bands. Designated manager or owner will be on premises at all times. For special functions (private parties), applicant shall provide notification of such an event to the Chief of Police seven days in advance. Owner or employees will bar any patron(s) who are reasonably suspected of, or observed engaged in, illegal drag or criminal activity. Owner(s) or employees will notify police of any patron(s) who are reasonably suspected Page 1 of 2 lie of, or observed engaged in illegal drug activity, criminal activity, or who cause or initiates fights, create disturbances, or trespass upon the premises. If an arrest is made, the owner or employee will sign a citizens an'est form when applicable. 13. Employees who knowingly violate store policies, OLCC laws, Administrative Rules, or State Statutes, in course of business, will be terminated. I understand that this Compliance Plan is a condition of approval for a Liquor License, and shah stay in effect until removed by City Council action. - ec iga, Owner La Sierra Mexican Restaurant Date Paul E Null, Acting e Woodbum Police Department Date Richard Jennings, Mayor City of Woodbum cc OLCC File Date Page 2 of 2 MEMO / To: For Council Action, through the City Administrato From: David N. Torgeson, P.E., through the Public Works Director Subject: Reject Bid for Highway 214 Sidewalk Construction - Phase I Date: August 20, 2002 llF RECOMMENDATIQN: It is recommended that the City Council reject all bids received August 6, 2002 for Highway 214 Sidewalk Construction - Phase 1. BACKGROUND: The project is the first of two phases, and includes construction of retaining walls and pedestrian bridges. The second phase will be completed during summer, 2003, when ODOT performs a ~highway preservation" (overlay) project. The contract for Phase I is in conjunction with Project No.2002-092-38, Bid No. 22-27. Bids were opened publicly on August 6, 2002 at 3:00 PM. Only one bid was received, that of Capital Concrete Construction, Inc. The bid consisted of the Base Bid, and two Alternate bids for pedestrian bridge foundations. Capital Concrete submitted a Base Bid in the amount of $755, 027.80. (This amount includes corrections necessary to conform the contractor's bid to Addendum Number Three.) The Engineer's Estimate for Phase I Base Bid was $508,265. Comparisons show that contactor's unit prices for major items (retaining wall and handrail) were principally responsible for the variance in cost. Suppliers have indicated informally that the prices seen here for these items are considerably greater than market prices for similar installations. The dearth of bidders and the potential high project cost are a concern of ODOT staff. ODOT, through an Agreement with the city, will participate significantly in the payments for construction. ODOT has authority to approve design and contracts, and wants to ensure that scope of work will fit their obligations and budgetary commitments. Further dialog is underway between City and ODOT staff, which may result in changes to the project. A project that meets the approval of ODOT will be prepared for re-bidding at the earliest convenience. llG CITY OF WOODBURN Community Development MEMORANDUM Date: To: From: Subject: August 26, 2002 Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development -//~ Marion County Board of County Commissioner's ~/ublic Hearing to Consider Adoption of the Marion County Urban Growth Management Framework Recommendation: Authorize the Mayor to sign the attached letter to be entered into the record on behalf of the City for the Marion County Board of County Commissioner's public hearing on the Marion County Urban Growth Manage~aent Framework. Backaround: City staff recently received notice of a public hearing from Marion County stating that a public hearing is to be held August 28, 2002 by the Marion County Board of County Commissioners to adopt the Marion County Urban Growth Management Framework. The City Council met in a work session on June 18, 2002 to discuss this Framework afld authorized the Mayor to send a letter to the Marion County Board of County Commissioners expressing the Council's position relative to the Framework. The letter indicated that the Council had multiple concerns with the proposed Framework and, based on these concerns, the Council could not support the Framework in its present form. City staff and the City's periodic review consultant, Greg Winterowd, have reviewed the latest version of the Framework and have determined that it is not significantly different from the previous version reviewed by the Council. Staffbelieves that the Framework has many policies and requirements that the City should not support. Staffalso believes that the County has not adequately coordinated the Framework with the City. For example, staff provided a copy of Woodburn's Economic Opportunities Analysis and revised population projections recently prepared by EcoNorthwest to the County several months ago. Although the County has responded by agreeing to consider a higher population projection, the County has gone 'ahead and allocated an employment projection to the City that is less for the year 2050 than the Economic Opportunities Analysis projects for the year 2020. In response to these issues and based upon previous Council comments, staff has prepared the attached letter and recommends that the City submit it to Marion County prior to the August 28 hearing. In addition, it is recommended that city staff and elected officials attend the hearing to present the City's comments pertaining to the Framework. The attached letter contains staff's specific comments and concerns pertaining to the proposed Growth Management Framework. These comments and concerns can be summarized as follows: Page 2. llG The Framework includes standards and assumptions regarding urban development that make the City's economic development objectives more, rather than less, difficult to achieve. The Marion County Growth Management Project represents yet another layer of government; an additional set of ~equirements that stand between the City and realization of our future. It erodes the Council'~ role in articulating the values of its citizens and in charting our community's destiny. The Framework Plafi goes far beyond the traditional county coordination role as stated in the Marion County Comprehensive Plan. The Framework reverses the roles of the City and County, by having the County take the lead role in establishing urban development assumptions and star~dards that would constrain the legitimate planning objectives of cities. Compliance with Framework Plan standards will not guarantee compliance with the Statewide Planning Goals and administrative rules. The Framework Plan includes standards related to housing, e~ployment and natural resource protection; however, the County has not demonstrated compliance with applicable Statewide Planning Goals. The Framework Pla!a is similar to the role that Metro has taken in the three-county Portland region. Like Metro's functional plans, the Framework Plan relies on specific assumptions regarding populatio~ and employment projections and density for each of its cities. The Framework Plan als0 includes assumptions and standards that are intended for use by Marion County to review future comprehensive plan and urban growth boundary amendments for all Marion County cities. The County has not adequately coordinated this project with its constituent cities, as required by Statewide Planni~ag Goals 2 and 14, and ORS 195. The County should postpone adoption of the Framework until there is further discussion and refinement of Framework Plan standards and assmnPtions. The Framework should be co-adopted by Marion County and its cities - not unilaterally adopted by the County. For these and other reasons articulated in the attached letter, it is recommended that the City Council approve and authorize the letter to be entered into the record on behalf of the City for the Marion County Board of County Commissioner's public heating on the Marion County Urban Growth Management Framework. Attachments: Attachment A - Letter to be submitted to Board of Commissioners Attachment B - Correspondence from Marion County, dated July 26, 2002 Attachment C - June 24, 2002 Mayor's Letter Sent to Board of Commissioners ATTACHMENT Page / of llG August26,2002 The Honorable Marion County Board of Commissioners Courthouse Square 555 Court Street, NE Salem, OR 97309-5036 Subject: Marion:County Urban Growth Management Project Dear Chairman Ryan and Commissioners Franke and Milne: This letter follows and reinforces my letter of June 24, 2002. In that letter, I spoke on behalf of the City Council in expressing reservations regarding the Marion County Growth Management Framework Plan and its implications for the City's ongoing planning effort. In particular, we noted that: The Framework Plan includes standards and assumptions regarding urban development that make the City's economic development objectives more, rather than less, difficult to achieve. We also noted that Woodburn is revising city growth management assumptions and standards through the Periodic Review process. The Marion County Growth Management Project represents yet another layer of government- an additional set of requirements that stand between the City and realization of our future. We have carefully reviewed the latest draft of the "Framework Plan." Based on our review, we believe that the Framework Plan goes far beyond the traditional county coordination role and exceeds Marion County's legal authority under the Marion County Comprehensive Plan and state law. The acknowledged Marion County Comprehensive Plan (Urban Area Planning, Page 50) clearly sets forth the relationship between the county and its constituent cities in the urban growth management process: "To achieve the desired objectives of managing urban expansion, it is necessary to develop urban growth programs jointly with the cities, Marion County and special districts. These programs shogld be developed primarily through the comprehensive planning processes oJ~ each communtt~ w~th concurrence bF the Coun~ and the State. The Land Conservation and Development Commission Urbanization Goal provides the basis for development of these programs as part of each city's comprehenslve plan.' (Emphasis added.) Marion County Board ef Commissioners June 24, 2002 Page 2. ATTACHMENT, Page ~ of, llG The Framework Plan reverses these roles, by having the County take the lead role in establishing urban development assumptions and standards that would constrain the legitimate planning objectives of cities. In many cases, the Framework Plan re-states in a different way what is already required by the Statewide Planning Goals - in which case the Framework is redundant. In other cases, however, the Framework Plan adds a new level of review. There are two basic problems with these more restrictive standards. First, compliance with Framework Plan standards will not guarantee compliance with the Statewide Planning Goals and administrative rules. For example, the Framework Plan calls for housing densities of at least 8 units per acre, but meeting this density standard does not guarantee compliance with either Goals 10 (Housing) o~ 14 (Urbanization). This standard becomes a necessary, but far from sufficient requirement for Goal compliance. Second, the Framework Plan includes standards related to housing, employment and natural p~source protection; however, the County has not demonstrated compliance-with applicable Statewide Planning Goals. For example, the County has not conducted a housing needs analysis as required by Goal 10 (Housing). The County has not conducted an Economic Oppommities Analysis (EOA) as required by Goal 9 (Economy of the State). Nor has the County conducted an economic, social, environmental and energy (ESEE) consequences analysis for stream corridors and wetlands within City UGBs, as required by Goal 5 (Natural Resources). We are also concerned that the approach espoused in the Framework Plan is similar to the role that Metro has taken in the three-county Portland region. Like Metro's functional plans, the Framework Plan relies on specific assumptions regarding population and employment projections and density for each of its cities. The Framework Plan also includes assumptions and standards that are intended for use by Marion County to review future comprehensive plan and urban growth boundary amendments for all Marion County cities. In addition to questioning the wisdom of this approach, we believe that the County has not adequately coordinated with its constituent cities, as required by Statewide Planning Goals 2 and 14, and ORS 195. For these reasons, Woodburn strongly recommends that the Board follow the City of §alem's advice (August 14, 2002). We agree with §alem that the County should postpone adoption of the Framework until them has been further discussion and refinement of Framework Plan standards and assumptions. We also agree with Salem that the Framework should be co-adopted by Marion County and its cities - not unilaterally adopted by the County. Marion County Board pfCommissioners June 24, 2002 Page 3. Page ~ of ~ 11G We now turn to specific Framework Plan assumptions, policies and standards that are of serious concern to the Woodburn City Council. Transportation Poligies 1. Marion County shalljointly plan with cotnmunities to meet the transportation needs in the future. Standards: · The Marion County Transportation System Plan (TSP) will be designed to acco~tmodate the forecast population, housing, and employment identified in this Framework, as nell as the areas that are planned for urban expansion, in coordination with the communities Snvolved. · The Marion County TSP will investigate countywide alternative transportatiot~, such as inter-city transit, vanpooling, and passenger rail service serving the county and the Willamette Valley region. Response: Woodburn is in periodic review and in the process of updating its population and employment projections. We appreciate the County's willingness to work with the citY in establishing an interim Year 2020 population projection of 34,919. We note that th/s 18-year figure approximates the County's original 2050 estimate for Woodburn of 35,826. We are also pleased to note that the revised Framework Plan draft incorporates a 2050 projection of 45,601. This is a vast improvement and more closely tracks with reality. On the other hand, we are extremely concerned that the Framework Plan does not incorporate or consider Woodburn's revised employment projections that resulted from an EOA conducted by EeoNorthwest last year. The City's mid-range 2020 employment projection is 17,527. However, the Framework Plan assumes that Woodburn will have only 15,828 employees by the year 2050. This low employment projection is unacceptable. Woodburn, Marion County and Oregon need to make major improvements to the transportation system that serves the Woodbum UGB. If these improvements are based on an unrealistically low employment projection, Woodbum will be unable to provide the transportation facilities necessary to meet its economic development objectives and to comply with Statewide Planning Goal 12 (Transportation). 2. Communities should implement street connectivity standards. Standards: .For cities forecast to be greater than 5,000people by 2050, new subdivisions will have internal connectivity of at least 8 through streets per mile for new development, and sufficient collector and arterial systems for local access. Further, this Framework recognizes the Local Street Connectivity Element of the Salem TSP as a quality example. .Adopt a map depicting future street connections for areas to be urbanized. · The County will coordinate and adopt similar standards for urban areas within its planning jurisdiction. · When feasible, the County will utilize local standards such as those tn the Salem TSP and Salem Revised Code, for example, for development that occurs on unincorporated lands within UGBs. Response: Woodburn is in the process of preparing a revised TSP, funded with a $130,000 TSP grant. Woodburn fully intends to coordinate this planning effort with Marion County, and to comply with Goal 12. However, there are circumstances (e.g., Marion County Board of Commissioners June 24, 2002 Page 4. ATTACHMENT Page d' of llG large-scale industrial parks) where a standard of 8 through streets per mile may not be appropriate. We therefore request that the Board remove this standard. 3. Coordinate the enhancement or addition of transit connections within and between cities. Standards: 'Local transportation plans for the two transit systems (Woodburn Transit System and Salem Qterriots) must contain a transit element coordinated with both the Framework forecast and ih e preferred alternative. Future small transit systems should be in vestigated for cities that will exceed lO, O00 people in the foreseeable future. The County will investigate and encourage id, ret-city transit provision through a variety of public and private providers. Response: Again, we are concerned that the County is taking a lead role in transportation planning within urban growth boundaries. If the City is going to plan transit systems, it should do so consistent with the coordinated 2020 population projection, and with an employment projection that is based on an EOA as required by Goal 9. Woodburn opposes "coordina!ion" with a County employment forecast which itself has not been coordinated with the City, and which itself does not comply with Goal 9. 4. Allow for ~t complementary mix of land uses and transportation systems. Standards: .Cities will address opportunities to provide for ~oning that allows the co-location of employment ~tnd residential uses (mixed use developmenO in all communities over 5,000 persons in sige, and encouraged in all communitiea 'Require retail land uses that are over 60,000 sq. ft. or 300 employees per building be located in the Urban Growth Boundaries of cities that arq in excess of l O, OOO peopl& Response: Under Goal 14 and ORS 197.296-8, Woodbum must consider "measures" to increase urban efficiency before its UGB may be expanded. One of these measures may be "mixed use development." However, Woodbum opposes the notion that "co-location of employment an~l residential uses" is a good idea for every community. For example, the draft map accompanying the Framework Plan includes an extremely large area of "mixed use" adjacent to the recently-expanded superstore. Our planners tell us that doesn't make a lot of sense, and we agree. Again, we question whether the County should be advising its cities on urban issues such as mixed use development. 5. Encourage Traffic Calming of through traffic in neighborhoods. Standards: .Cities and the County will jointly develop recommended methods and procedures for traffic calming, developing recommended best practices for methods, locations, and processes for traffic calming in both existing and new developments. Response: We fail to understand the County's interest in promoting traffic calming in Woodburn's neighborhoods and oppose this standard. Environmental Policies 1. Identify land use efficiency standards that must be met before a city can amend its Urban Growth Boundary Marion County Board f>f Commissioners June 24, 2002 Page 5. ATTACHMENT., Pe. ge ~ . of llG Response: Since Woodburn is already required by Goal 14 and ORS 197.296 to identify efficiency measures before it may amend its UGB, it is opposed to this standard. The following chart defines efficiency standards, in housing units per net acre, for new residential development created since the adoption date of the Framework. The residential efficiency stattdard is a composite number of all residential development (single-family and multifamily) qccurring within a community, including housing through redevelopment (for which no land is considered consumed). The standards are divided into five categories in accordance mt'th projected city size in 2050. For cities forecasted to be larger than 25,000people the standard Is 8 housing units per acre;for cities between I0,000 and 25,000people the standard is 7 housing units per acre;for cities between 2,500 and 10,000 the standard is 6 units per acre;for ~:ities between 1,000 and 2,500people, the standard is 5 housing units per acre; and for cities~ess than 1,000 no efficiency standard would be applied. Salem, the largest city in the County h~s an efficiency standard of 9 units per acre which is based on results from the "Salem Futures" project, and may be modified based on their final adopted policie& UGB 2050 Pqpulation Compact Land Efficiency Standard in Units Per Gross Acre Less than 1,000 No Stahdard 1,000 to 2,500 5 2,500 to 10,000 6 10,000 to 25,000 7 Greater than 25,000 8 Salem (FromiSalem Future's Project) 9 Response: Cities ,already have to comply with Statewide Planning Goals 5 (Open Spaces, Scenic and I-Iistorie Areas, and Natural Resources), 6 (Air, Water and Land Resources), 10 (Housing), and 14 (Urbanization) which ensure that each city grows in a manner that protects natural resources, uses land efficiently, and provides a mix of housing to serve its population. The discussion preceding this standard points in two directions: fa'st, it states that the 8 unit per net acre standard in Woodbum is not intended as a requirement, and then proceeds to say that it will be used as a review standard for UGB amendments. In our view, this standard places an additional burden on cities that is not compliant with Statewide Planning Goals. Again, we note that this standard is not supported by a Goal 10 housing needs analysis and has not been adequately coordinated with the Housing elements of its constituent dries. 2. Require buffer zones to protect streams, floodplains, and significant wildlife areas from the negative effects of development. Standards: The following standards are listed as a recommended starting point for protection buffers. 'Streams shall be buffered at least 50 feet from the edge of bank. · Wetlands shall be buffered at least 50 fee~ .Development in floodplains shall be restricted to balanced cut and fill, within the parcel to be developed. Response: These standards jump directly from the pages of Metro Functional Plan Title 3. If the cities were to rely on these standards, a Goal 5 ESEE analysis would be required. The County has included these standards in the Framework Plan without such an analysis. There is at least the implication that this standard be required of cities if they intend to amend their respective UGBs. IfWoodbum were to guarantee compliance with Goal 5 by adopting Goal 5 "safe harbor" stream corridor and wetland protection standards, such an approach would be inconsistent with this Marion County standard in Mm-ion County Board! of Commissioners June 24, 2002 Page 6. ATTACHMENT Page (-? L of ~..._.~_.. several respects. We see no reason to include this standard in the Framework Plan and oppose its inclusion. 3. Require developments to retain vegetation along streams, lakes, and reservoirs to provide shelter, shade, food and nestittg for wildlife resources. Standards: .~se the Division of State Lands (DSL) standards to identify locally significant wetlands. · ff~ithin stream or wetland buffers, and areas within the l O0-year FEMA fioodplain, no more tha~ 3O percent of natural vegetation may be removed. .In the case of non-native species, natifle plant species may be used to replace existing vegetation so long as the overall quantity and'~listribution of vegetation remains the same, as based on a 15-year growth horizon. Response: Again, such a requirement can only result from a Goal 5 ESEE analysis, which the County ~as not undertaken. Again, this standard is very much like Metro's Title 3 requirement and we are opposed to it. 4. Require preservation of more farm and forest land over the long term. Standards: .Identify and adopt a rate of redevelopment and injVdl for calculation of UGB capacities in ~:ities needing to expand onto lands protected under Statewide Planning Goals three or four~ .Set targets for mixed-use development. This can include a percentage of residential and employment land uses that are co-located to increase the efficiency of land within the UCrBs. · The County will manage the rural areas to encourage the preservation of the rural envirottment, and discourage the development of new communities of housing and employment qutside of urban growth boundaries and designated unincorporated communities. Response: ORS I~7.296 already requires cities to consider lands that may be used for residential redevel~?pment and infill as part of its buildable lands inventory, reg_ar~ess of whether a UGB an~endment is under consideration, but does not require cities to identify and adopt a rate or'redevelopment and infill for calculation of UGB capacities." We believe that the County is going too far by incorporating this new standard in the Framework Plan. Moreover, the County appears to be directing cities to "set targets for mixed use development" as the preferred method of achieving urban efficiency standards. Although Woodbum already allows mixed use development in its downtown, we are skeptical about its application in other areas of the City. As noted above, we do not think that it is appropriate for the County to tell its cities how to do urban planning and we are opposed to this standard. 5. Require a plan to address how resources for the forecasted employment and population will be provided. Standards: 'Analyze existing vacant land for the capacity to meet future land need. ,4 jurlsdlctlon can conslder the feaslblllty of rezonlng vacant land to a different land use type In order to create additional capacity for the type of development a potential UCrB amendment would seek to provide. .Ensure that zoning is in place to meet or exceed residential and/or employment capacity targets, as identified by the Framework. If the identified capacity is less than the population or employment allocation, an UGB expansion should be anticipated. For cities that will require expansions of thelr UGBs, monitor the attainment of the targets on a periodic basis Marion County Board pf Commissioners June 24, 2002 Page 7. ATTACHMENT Parle '/ of llG Response: Cities are already required to consider the capacity of its existing UGB to accommodate plan~, ed population and employment growth before a UGB amendment is ' permitted. Little purpose is served by paraphrasing a complex set of UGB amendment requirements in County standards. We are especially concerned with the County's insistence on using County employment and capacity assumptions as the basis for UGB amendments. This is what cities do and what Woodbum is now doing. We have already shown that Woodburn's 2020 employment projection is greater than the "employment allocation" included in the 2050 Framework Plan. We have also noted that the Framework Plan projection has no basis in Goal 9. We strongly object to this policy and standard. Economic Develop~nent Policies L Require identification of the existing capacity of employment uses. Standards: 'Create an inventory of lands suitable for employment use .Calculate capacity for jobs categoriged by land use type, of the employment lands .Allow expansion of urban growth boundaries consistent with state land use planning law to provMe needed lands for employment use consistetit with other standards listed in this section. Response: Woodburn is fully prepared to comply with the Statewide Planning Goals and statutes when it considers the ability of the UGB to accommodate long-term population and employment needs. However, we object to the requirement in this standard to comply with "other standards listed in this section." The standard states clearly the County's intent require another layer of review for UGB expansion. We disagree with this approach. 2. Require a plan to provide for the forecasted employment. Standards: .Examine plans and implementing ordinances and change where necessary to coordinate employment lands inventory with forecast. .Determine if the development density allowed is too low to attract investment. If it is, consider modifications to zoning regulations that will be appropriate. Response: Again, we emphasize the importance of allowing cities to develop employment projections based on Goal 9 requirements. Woodburn has prepared a detailed EOA consistent with Goal 9 and would like to base its employment forecasts on this projection. We believe that it is now "necessary" for the Framework Plan to be coordinated with the City's forecast, not the other way around. The meaning of the second sentence is unclear. Under what circumstances would employment "development density" be "too low to attract investment?" Zoning ordinances typically do not establish employment densities. If they did, it is equally possible that employment densities could be "too high to attract investment." To us, this appears to be another efficiency measure rather than a method of achieving employment objectives and, therefore, we are opposed to this standard. Marion County Board of Commissioners June 24, 2002 Page 9. ATTACI-,[MENT Page ~ of llG We remain committed to working with Marion County and our neighboring cities in our future planning efforts, and look forward to future discussions with the County and other cities related to the management of growth in Marion County. Sincerely, CITY OF WOODB~RN Richard Jennings, Mayor This letter is respectfully submitted to the Marion County Board of Commissioners as written testimony tO be entered into the hearing record for the public hearing on Legislative/lmend{nent (L~4) 02-4 Amending the Urbanization Element of the Marion County Comprehensive Plan: Marion County Urban Growth Management Project Framework and Itr~Plementation Strategy which is scheduled for August 28, 2002 at 10:00 tam. in Senator Hearing Room 1223, Marion County Courthouse Square, 555 Court Street NE, Stdem, Oregon. Pursuant to ORS 197. 615(2)(a), the City of Woodburn requests notice of any action taken on this item by the Marion County Board of Commissioners DIRECTOR C~ig Luedernan PLANNING DIVISION (5o3) 5~-503~ mc~lann~open.org BUILDING INSPECTION (503) 588-5147 BOARD OF COMMISSIONERS Randall Fmnke Pattl Milne Mike Ryan Marion County o, OREGON COMMUNIIY DEVELOPMENT DEPARTMENT REC'D 'JUL 3 0 Z00Z WOOD3URN COMMUNITY DEVELOPMENT DEPT. llG TO: Cities, Mayors, Stakeholders Group, Technical Advisory Committee, Interested Persons, Workshop Participants, Survey Respondents FROM: Les Sasaki, Principal Planner, Marion County Planning Division DATE: July 26, 2002 SUBJECT: Marion County Urban Growth Management Project -. Public Hearing on the Framework Plan and Implementation .Strategy In October 1998, the Marion County Board of Commissioners initiated a countywide Urban. Growth Management Project to develop a policy fi-amework to guide future growth in Marion County in a manner responsive to the varied interests and needs of its residents and the cities within the county. This coordinated planning effort is important toward developing and implementing a growth management strategy that addresses the issues affecting the County and the 20 cities in the county. The project originated out of the County's statutory respons~ility to coordinate population and land use planning efforts with The Project has involved three phases since its inception in 1998. The first phase involved data collection which included public surveys (phone and mail-in), focus groups, workshops to determine what growth issues arc important to residents. Based on the public input, guiding principles were formulated regarding transportation, thc envizonment, economic development, housing, quality of life, and growth, all of which form the foundation of the countywidc growth management framcwork. The sccond phase involvcd public workshops to d~vclop altcmativc growth scenarios for the county and arrivc at a prcfcrred growth alternative, which was determined to bca scenario that focuses the majority of the growth to thc large cities within thc county. Thc third phase has involved formulation of thc growth managcment fi-amework and implementation strategy which will bocomc part of the County's Urbanization Blement of thc Comprchcusive Plan and sets forth thc County's approach toward addressing and coordinating growth in the county with the cities. Adoption of the Framework Plan and Implementation Strategy provides thc foundation for the countywide planning effort to improve coordination with thc cities and assist them and the public in a ex)operative effort toward finding solutions to growth issues which are regional in scope affecting more than individual cities. The Framework focuses on the County's coordination role and is intended to provide' cities with tools to address growth issues while maintaining city control over how they choose to grow. Once a framework plan is adopted, the next steps in the implementation process will be to 'further engage the cities in identifying specific local and area gr?wth issues and proces.ses _t_t_t_t~t thc city(its) and county can address, along with reconsideration of adopted population forecasts as a result of thc 2000 Census information. As having been participants in this planning project, you are being provided notice of this continuing process and the opportunity for input or comment. Information on the project is provided on the County's web site at: www.co.marion.or.us/meplann or you can contact me at 503-588-5038. 655 G0ul't St NE, · P.O. BOx 14500 . Salem, Oregon 97309-5036 . htlp//ww~.0pen~n ATTACHMENT Page ~ of llG MARION COUNTY URB~N GROWTH MANAGEMENT FRAMEWORK Proposed Amendment to the Urbanization Element of the Marion'County Comprehensive Land Us.e Plan Marion County Urban Growth Management Project March 1999 -- June 2002 Funding for this project was made available by a grant from the Department of Land Conservation and Development and in part with Oregon State Lottery Funds administered by the Oregon Eaonomic and Community Dovelopment Department Marion County Compact Framework Draft #2 - 07/'26/02 Page ATTAC E llG DRAFT Marion County Comprehensive Plan Language: Urban Growth Management Framework URBAN GROWTH MANAGEMENT FRAMEWORK Future population and employment, growth projected in Marion County creates both challenges and oppo~unities for maintaining the quality of life in Marion County. Resources such as water and farmland will be limited and congestion and travel times will probably increase in urban areas. Without coordination with and among the cities, development may occur in areas that result in even greater negative impacts on the transportation and in{rastructure systems. For example, the ability to move freight and people throughout thl County may be jeopardized if growth occurs in areas where the transportation system is not adequately developed to serve additional capacity. Uncoordinated development may also result in patterns of growth that are not desired by the citizens in Mari°n. County and may ultimately reduce the quality of life in the County. However, ff managed effectively, the impacts of the additional growth can be minlrniTed. Through a collaborative and coordinated effort to manage growth, .development can bel planned in locations that best serve the County, and the accompanying transportation and infrastructure systems call be developed with the greatest efficiency. The quality of llfe can be preserved bSr maintaining the chics m each community ~that makes it unique, and by directing development in each commnn;ty tO be COnsistent with each comrnunity's values. Understanding the importance and need to lessen the impacts of growth, the Marion County Board of Commi~ioners' initiated the Marion County Urban Growth Management Project in 1998. The growth management project utiliT~l a long-range 2050 plann;ng horizon, and was undertaken to provide the data needed to address growth issues and to engage the cities and other interest groups and individuals in a cooperative effort to look at where growth is likely to occur under .current development trends and where it should be encouraged or discouraged in the future. During the various phases of the project, coordinated population projections and land capacities for the cities for the year 2050 were analyzed and a countywide growth strategy known as the Growth Management Framework was created with input from the public and the 20 cities in the County. The values driving the Growth Management Framework are a set of 24 guiding principles identified in the initial phase of the growth management project through collaboration and consensus, that. provide a link between quality of life, economic development, and land use planning as a way to sustain the values deemed important by residents in their vision for the County. The guiding principles focus on regional elements of growth management that go beyond jurisdictional boundaries such as transportation, housing, environmental, and economic needs and are the basis for the goals set forth in the Growth Management Framework. Marion County Compact Framework Draft #2 - 07/26/02 Page 2 The purpose of the Growth Management Framework is to: ATTACHMENT Page ~_ of~ 1. Identify common goals, principles, and tools that will lead to more coordinated planning and a collaborative approach to developing solutions to growth issues. 2. Be consistent with local plans for growth by modifying the growth projections in response to local government feedback. Protect farm, fore~t, and resource lands throughout the County by considering the existing capacity o{ each community, fostering the efficient use of land, and evaluating urban growth boufidary expansion needs. 4. Maintain physical separation of communities by ensuring that areas between cities are not urbanized. ~ 5. Maintain comm"n!ty identity by allowing each community to decide how it should grow and by promoting local decision-making control. 6. Support a balance of jobs and housing opportunities for communities and areas throughout the coUnty that contribute to the needs of regional and local economies. 7. Provide transportation corridors and options that connect and improve acce~bility and mobility for residents along with the movement of goods and services throughout the county. Growth Management Framework Pattern Of Growth The Growth Management Framework is designed to accommodate approximately 500,400 residents and 212,500 jobs within the 20 dries and unincorporated portions of Marion County by the year 2050. The Growth Management Framework Preferred Alternative growth scenario focuses the lxmjority of the growth in the County to the larger communities of Salem, Keizer, Woodburn, Stayton and Silverton, with growth' occurring primarily inside the current UGBs of dries where there is available capacity, and through infill and redevelopment where appropriate. The long-range population and employment targets of the Framework were identified for the cities by elected officials, and business, environmental and neighborhood leaders representing the communities. How the additional population and employment is accommodated will be at the discretion of individual communities in accordance with the goals, policies, and standards identified in this Growth Management Framework, local comprehensive plans, and the state land use laws dictating the priority of lands to be urbanized. During selection of the Growth Management Framework preferred growth alternative, participants in the process chose a countywide land use pattern that best suited the many, sometimes conflicting goals of the County and its cities. Following this work, and using Marion County Compact Framework Draft #2 - 07,/26/02 Page3 llG ATTA(~HMENT "~ ,, P~;lo ~ of ,--2,~ the County adopted 2020 forecasts for the cities, tentative agreement was arrived at on preliminary forecast numbers for the year 2050. Comparing the land use patterns of the preferred alternative,, the calculated capacities of all the individual UGBs, and the preliminary 2050 fore~ast numbers, revealed the need for further refinement of the 2050 forecast. The 2050 foflecast in turn reveals the need in terms of actual land consumption to accommodate growth for each of the cities. The 2050 forecast represents the combination of existing trends and city capabilities, and works in direct coordination with both the land efficiency standard and the existing capacities within Urban Growth Boundaries. The 2050 forecast represents a long-range planning tool, one that provides cities with and the County with an image of what may be on the horizon. It adds an additional level of detail to crucial planning decisions, ranging from the amount and locations of different allowed uses, to critic~ sizing of infrastructure. The forecast informs all 20 cities, and the County as they plan for the future, and coordinates their comprehensive and other pla~s with a long range fore. st. One Of the most important functions of local plans is the ability to plan for urban growth boundary expansions. As a tool for planning, the forecast .will be revisked every five years, examining actual performance within jurisdictions and available updated forecasts. If at any time, actual performance or g owth rates indicate a needed modification to the forecast, the City and County may revisit the forecast and make appropriate changes with. their intergovernmental agreements, or to the County's official coordinated forecast. The following chart contains the coordinated 2050 long range forecast, and the amount of additional land that COuld be needed to accommodate the 2050 forecast using the land efficiency standard. The forecast and the efficiency standard is the basis for many of the Growth Management Framework goals, policies, and standards. llG Marion County Compact Framework Draft #2 - 07/26,/02 Page4 ATTACHMENT .~ ]]G Page--~. of II ,., , ~;' II I AumsvillI 3,083 8,000 346 Aurora 655 1,500 - Detroit 262 605 - Donald 608 2,200 169 Gates I 429 1,100 - Gervais ' I . 2,009 3,572 186 Hubt~rdl I 2,483 3,300 74 Idanha , I 134 25O - Jeffers~ I 2,487 3.7O0 24 Mill City ,; I 3131 426 - Mt. Angel' I 3,121i 4.755 - Sa~ I 169,127 342,3,8,7 . 1,800 St. .Paul. . ! 354 475 - Stayton ' ! 6,675 10,600 - S,br,~,y I 2.14a 3.s3s . .0 Turner I · 1,19~J 2,451 72 Uninc°~°ra~d I '" total u.~on county I 284.834 500,400 $,220 * The lvlarion County Framework Need is the acreage required in addition to that within the current Urban Growth Boundary assum;ng that the land use efficiency standards of the Framework are met. Marion County, like the rest of the State, is a. place of changing demographics. While there are many trends that can be examined, the two with the most profound effect on growth management strategies are age of the population, and the mit of ethnlcity. The following data and forec_~sts are from the national demographics firm of Woods and Poole. Marion County Compact flramework Draft #2 - 07'/26/02 page 6 Table #:2 Age of County Population ATTACHMENT Page ~ of llG Age of Population , 1970 1980 1990 2000 2010 2020 2025 Percent 0-19 ., 37.4% 31.7% 29.7% 29.9% 28.6% 28.6% 28.8% Percentage 20-64 50.4% 55.6% 56.0% 58.1% 59.1% 55.3% 53.7% Percentage 65 and Over! 12.3% 12.6% 14.3% 12.1% 12.3% 16.1% 17.4% · The table above depicts a trend toward a growing number of older residents within the County. An older population will require changes in housing and transportation needs and preferences in the County. Additionally, alternative transportation choices become increasingly important. Usually this is associated with a decrease in the proportion of people under the age of 19, but a countervailing trend in increasing family size will stabilize the number of children as a proportion of the population. This is largely due to the increasing number of Hispanic households in the County. Table I/:3 County Ethnicity Ethnic Background ' 1970 1980 1990 2000 2010 2020 2025 ~ercentage White-Not Hi~panic 95.9% 93.0% 88.4% 83.5% 77.5% 72.4% 70.0% Percentage Hispanic, Any Race 2.7% 4.3% 7.4% 11.8% 17.7% 22.7% 25~ t % Percentage Black 0.3% 0.6% 0.9% 1.0% 1.0% 1.0% 1.0% Percentage Other 1.1% 2.1% 3.3%. 3.6% 3.8% 3.9% 3.9% This table describes the ethnic makeup of the County in the past, today, and projected for the future. Both of these changes will likely lead to a shift in housing preferences, with fewer' residents desiring or affording the traditional single family home, and a larger proportion desiring various form-~ of attached, small lot, or rental housing. In addition, the need for affordable housing choices will probably remain as acute as it is today for the foreseeable future. An important part of the Framework is the ability of the County and dty plans to function together to meet the housing, employment, and transportation needs of the residents. An integral and necessary component of the Framework will be to ensure that new growth is allowed to occur in a way that matches the demands of this new and changing population, and that communities ensure that their planning efforts allow all members of Marion County to feel welcome to settle in a place of their choosing. GROWTH MANAGEMENT FRAMEWORK GOALS The Growth Management Framework incorporates existing goals and policies found in County planning documents, the local comprehensive plans, and state land use planning law. New goals and policies have 'been added to implement the planning principles identified in the countywide urban growth framework. The goals and polities also make the logical connections between the common goals and values of our County's residents, and lays out solutions to the possible conflicts that may be encountered. It brings together a series of common objectives that will better coordinate the policies of the many Marion County Compact Framework Draft #2 - 07/26/02 Page 6 jurisdictions within the county. every community is unique. priorities with the countywide ATTACHMENT ['~-, -, ~ Page ~ of, __ The Growth Management Framework recognizes that The policies should be implemented to balance local goals. There are some issues however, that cannot be effectively addressed solely at the local level as they have impacts beyond jurisdictional boundaries and are regional issues. For these issues, a countywide approach of the county and cities working together to manage and develop solutions is more appropriate and effective. The goals best addressed through a coordinated and collaborative regional approach include the fbllowing four key issues: 1. Transportation 2. Environment 3. Economic Development 4. Housing In addition to the Growth Management Framework, coordination and UGB agreements with local governments will be utili:,ed to implement the Framework and will also reflect the general policies and spedfic standards, with variations incorporated to reflect the specific situations and growth concerns in each dty and its environs. Overriding all goals attd policies related to the four key issues identified above are growth management goals that must be met to protect the integrity of the Framework at the local and countywide levels. These goals include: 1. Base decisions on a long-range vision for the area, incorporating both local community visions and long-range plans. 2. Foster the use of creativity and innovation in planned growth and development projects to maintain the unique character of all cities. 3. Provide for balanced and managed growth to ensure equity among the cities and allow for more efficient me of our natural resources. 4. Honor the unique identities of communities and preserve unique characteristics. Embrace ethnic and cultural diversity and address the needs of different cultures in land use decisions and consider ethnic and cultural differences in the long-range vision and zoning designations. 6. Rely on the strengths of local decision-making coordinated with a countywide vision. 7. Encourage coordination among the County, dries, and spedal districts. Ma#on County Compact Framework Draft #2 - 07/26/02 P~le 7 TRANSPORTATION GOALq ATTACHMENT P~go , '7,,, of The transportation goals that are part of the Framework address the role of transportation in providing efficient movement of people and freight throughout the county. The goals include: llG A. Encourage use of alternative modes of transportation including mass transit, bicycling, walking and carpooling. B. Address transportation needs appropriate to both urban and rural areas throughout the COUllty. TRANSPORTATIOtN POLICIES In creating a countywide framework to manage growth, it is necessary to provide implementation measures to effect their purpose. The transportation policies can provide the greatest guidance in making the land use decisions that will direct the future location of jobs and housing in the county through their integration with land use planning' policies. The mutual agreement of the dries and the County to these polities is vital to the effective coordination and cooperation necessary to create a transportation system that can move people and goods efficiently throughout the county. The following policies and standards provide guidance as to how this transportation' system can be developed. 1. Marion County shall jointly plan with communities tO meet the transportation needs in the future. Standards: · The Marion County Transportation System Plan (TSP) will be designed to accommodate the forecast population, housing, and employment identified in thi.~ Framework, as well as the areas that are planned for urban expansion, in coordination with the commullities involved. · The Marion County TSP will investigate countywide alternative transportation, such as inter-city transit, vanpooling, and passenger rail service serving the county and the Willamette Valley region. 2. Communities should implement street connectivity standards. Standards: · For titles forecast to be greater than 5,000 people by 2050, new subdivisions will have internal connectivity of at least 8 through streets per mile for new development, and sufficient collector and arterial systems for local access. Further, this Framework rec%uni:/~ the Local Street Connectivity Element of the Salem TSP as a quality example. Adopt a map depicting future street connections for areas to be urbanized. Marion County Compact Framework Draft #2 - 07t26/02 P~o8 ,ATTACHMENT Page/..fl,,~_ of The County will coordinate and adopt similar standards for urban areas within its planning jurisdiction. When feasible, the County will utilize local standards such as those in the Salem TSP and Salem Revised Code, for example, for development that occurs on unincorporated lands within UGBs. Coordinate the enl~ancement or addition of transit connections within and between cities. i1G Standards: · Local transportation plans for the two transit systems (Woodburn Transit System and Salem Cherriots) must contain a transit element coordinated with both the Framework forecast and the preferred alternative. Future small transit systems should be investigated for cities that will exceed 10,000 people in the foreseeable future. The County will investigate and encourage inter'city transit provision through a variety of public and private lSroviders. 4. Allow for a complementary mix of land uses and transportation systems. Standards: · Cities will address opportunities to provide for zoni.ng that' allows the co4ocafion of employment and residential.uses (mixed'use development) in all comm!mlties over 5,000 persons in size, and encouraged in all'communities. · Require retail land uses that are over 60,000 sq. ft. or 300 employees per building be located in the Urbah Growth Boundaries of dales that are in excess of 10,000 people. 5. Encourage Traffic Calming of through traffic in neighborhoods. Standards: · Cities and the County will joindy devdop recommended methods and procedures for traffic calming, devdoping recommended best practices for methods, locations, and processes for traffic calming in both existing and new developments. 6. Improve key freight routes. Standards: · Cities over 10,000 and the County will jointly plan for freight movement by both rail and truck in their transportation planning activities. 7. Improve the walking and biking environment in all communities. Standards: · All cities, urban areas within the County, and rural communities regardless of size, can develop a comfortable walking environment. The basic tools are providing Marion County Compact Framework Draft #2 - 07/26/02 P~e9 ATTACHMENT ~ Page // of ~'~ . '] ]G pedestrian facilities, and allowing the development of some areas with a sufficient density and mix of uses to make walking a practical alternative. ENVIRONMENTAI~ GOALS The environmental goals that are part of the Framework address the importance of natural resources to the local and regional economy, as well as the carrying capacity of the land. The goals include: A. Preserve and protect agricultural and forest lands, wetlands, wildlife habitat and natural resource corridors and other natural resources through wise stewardship. B. Encourage planning that does not exceed the capacity of water, energy, air and other resources. C. Promote conservation, recycling and the efficient use of resources. E~ONMENTAI~ POLICIES The environmental polities provide guidance in making the land use decisions that will protect and preserve.the natural resources of Marion Co .unty. The environmental policies listed below are minimum requirements, often less s .tfingent than Federal regulations and already adopted city regulations. The mutual agreement of the dries and the County to these polities is vital to the effective coordination and cooperation necessary to create a system that does not exceed the resources available in Marion County. The following policies and standards provide guidance for protection of natural resources. 1. Identify land use efficiency standards that must be met before a city can amend its Urban Growth Boundary Standards: The effidency standard serves multiple purposes in this framework. It has been listed with the Environmental Standards as the amount of new land consumed is directly related to the average density of development. This standard, however, is also geared · to support other portions of the urban fabric. From an environmental standpoint, using the highest possible efficiency standard would of course preserve the most land. The standards however have been set to in a manner appropriate with existing development and are based on the size of the dties where they are applied. In this fashion, the standard ranges from no minimum for the smallest titles up to 9 units per acre for Salem. This standard measures the average density all new residential development in units per net acre, minus land needed for roads, schools, parks, or unbuildable lands. Marion County Compact Framework Draft #2 - 07/26/02 Page 10 ATTAGHMENT ~ Page./.~_ Of- ~ ~ J[]~' Housing through redevelopment counts as new units, but no new land consumption, effectively increasing the density .measurement. The land needs in the Coordinated Forecast include an additional 30% of land estimated to be needed for commercial or industrial uses. This standard can be replaced by a comprehensive plan that is mutually agreed upon. It represents only ~he average density for new housing that will be zoned and allowed by the city. There is no requirement in this framework for adherence to any minimum density zoning standards. The purpose is to ensure that comprehensive plans are permitting the housing market to freely meet the community needs for housing. There are a variety, of reasons for the increase' in the efficiency standard as cities gro .w. Larger cities in Marion County serve as employment centers for their portions of the County. As job Centers, it is important to locate a choice of housing opportunities within dose proximity. Additionally, larger cities have a higher percentage of multi- family housing, m~.king their average densities higher. These cities are also more likely to be served by transit, which both assist~ and relies on the greater densities found there. There may be situations that require that the standards be adjusted. These situations can be addressed at any time through the Intergovernmental Agreements between the Cities and the County addressing this framework. The following chaXt defines effidency standards, in housing units per net acre, for new residential develol~ment created since the adoption date of the Framework. The residential efficiency standard is a composite number of all residential development (single-f~mily and multifamily) occurring within a community, inducling housing .through redevelopment (for which no land is considered consumed). The standards are divided into five categories in accordance with projected dry 'size in 2050. For dries forecasted to be larger than 25,000 people the standard is fl housing units per acre; for dties between 10,000 and 25,000 people the standard is 7 housing units per acre; for dries between 2,500 and 10,000 the standard is 6 units per acre; for dries between 1,000 and 2,500 people, the standard is 5 housing ,,nits per-acre4 and for dries less than 1,000 no efficiency standard would be applied. Salem, the largest city in the County has an efficiency standard of 9 units per acre which is based on results from the "Salem Futures' project, and may be modified based on their final adopl~ed policies. Marion County Compact Framework Draft #2 - 07/'26/02 Page'11 ATTACHMENT Pege ~ of ~ Compact Land Efficiency Standard in Units Per Gross UGB 205G, Population Acre Less th, an 1,0.00 No Standard 1,000 ~to 2,500 5 2,500 to 10,000 6 10,000 to 25,000 7 Greater than 25,000 8 Salem (From Salem Future's Pro~ect) 9 2. Require buffer zones to protect streams, floodplains, and significant wildlife areas from the negative effects of development. Standards: The following standards are listed as a recommended starting point for protection buffers. · Streams shall be buffered at least 50 feet from the edge Of bank. · Wetlands shall be buffered at least 50 feet. '· Development in floodplains shall be restricted to balanced cut and flU, within the parcel to be developed. 3. Require developments to retain vegetation along streams, lakes,, and reservoirs to provide shelter, shade,' food and n.esting for wildlife resources. Standards: · Use the Division of State Lands (DSL) standards to identify locally significant wedands. · Within stream or wetland buffers, and areas within the 100-year FEMA floodplain, no more than 30 percent of natural vegetation may be removed. In the case of non-native species, native plant species may be used to replace existing vegetation so long as the overall quantity and distribution of vegetation remains the same, as based on a 15-year growth horizon. 4. Require preservation of more farm and forest land over the long term. Standards: · Identify and adopt a rate of redevelopment, and infill for calculation of UGB capacities in cities needing to expand onto lands protected under Statewide Planning Goals three or four. Marion County Compact Framework Draft ti.2.07/26/02 Page.f2 ATTACHMENT /~ PaGO~ of ~': IlO Set targets for mixed-use development. This can include a percentage of residential and employment land uses that are co-located to increase the efficiency of land within the UGBs. The County will manage the rural areas to encourage the preservation of the rural environment, and discourage the development of new communities of housing and employment outside of urban growth boundaries and designated unincorporated communities. 5. Require a plan to address how 'resources for the forecasted employment and population will be provided. Standards: * Analyze existing vacant land for the capacity to meet future land need. A jurisdiction can consider the fmsibility of rezonlng vacant land to a different land usetype in order to create additional capacity for the type of development a potential UGB amendment would seek to provide. · Ensure that zoning is in place to meet or exceed residential and/or employment capadty targets, as'. identified by the Framework. If the identified capadty is less than the population or employment allocation, an UGB expansion should be anticipated. For dries that will require expansions of their UGB's, monitor the attainment of the targets on a periodic basis 6. Encourage and work with jurisdictions and private landowners to protect water resources in the county. Standar&: · The County will work with watershed groups, jurisdictions, and agencies to protect environmentally sensitive areas critical to watershed health. · The County will promote and target restoration efforts to cridcal groundwater areas and develop water management approaches such as monitoring and evaluation programs based on collaborative actions. ECONOMIC DEVELOPMENT GOALS The economic development goals that are part of the Framework address the importance of maintaining a diverse employment base with living wage jobs. The goals include: A. Encourage diversity ao.d balance of job types (e.g., service and industry jobs). B. Promote economic opportunity for all segments of sodety. C. Encourage a sustainable local and r~on~l economy Marion County Compact Ff*amework Draft #2 - 07/26/02 Page 13 ,~,'r'rAC,MENT ~ i, iG Pago~ of ' . , D. Tailor economic development to the unique assets and needs of the county and its individual communities. ECONOMIC; DEVELOPMENT POLICIES The economic development policies can provide guidance in making the land use decisions that will provide a diverse employment base in Marion County that allows for each city's employment sector t6 complement each other rather than compete with each other. The mutual agreement of the cities and the County to these policies is vital to the effective coordination and cooperation necessary to create an economic development plan that allows for jobs and services to remain in the County. The following policies and standards provide guidance for an economic development plan. 1. Require identification of the existing capacity of employment uses. Standards: · Create an inventory of lands suitable for employment use · Calculate capadty for jobs categorized by land use type, of the employment lands · Allow expansion of urban growth boundaries consistent with state land use planning law tO provide needed lands for employment use consistent with other standards listed in this section. 2. Require a plan to provide for the forecasted employment. Standards: · Examine plans and implementing ordinances and change where necessary to coordinate employment lands inv6ntory with forecast. · Determine if the development density allowed is too low to attract investment. If it is, consider modifications to zoning regulations that will be appropriate. 3. Support economic growth and development opportunities in dries in rural areas that recognize their distinct character and economic potential. Standards: · The County will assist and work with the dries, economic development agendes, area economic development groups, and major institutions to provide information to support development of a region-wide strategy promoting a .~u~tainable economy. HOUSING GOALS The housing goals that are p/ut of the Framework address the importance of providing a diversity and range of housing choices, both in style and affordability. The goals include: Marion County Compact Framework Draft #2 - 07/26/02 Page' 14 ATTACHMENT Page _/~ of ~_...~.,~1 A. Encourage the availability of a wide variety of housing choices to meet the needs of a diverse population. B. Encourage access to adequate housing for all citizens, commensurate with their incomes. C. Encourage quality,design for development that is sensitive to existing communities and the natural enviromment. HOUSING POLICI]~S The housing policies can provide guidance in making the land use decisions that will provide enough housing to meet the anticipated demand for housing. The mutual agreement of the ci$ies and the County to these policies is vital to the effecti4e coordination and cooperation necessary to provide adequate housing while still protecting the unique characteristics of each community in the County. The following policies and standards provide guidance to create a housing plan that maintains and enhances the livability of each community. 1. Require zoning of vacant land be designed to accommodate expected housing needs. · Standards: · Identify a mix of housing types (single-family, townhouse, multifamily and others) in larger dties (more than 5,000 persons) and ensure that the vacant buildable land is zoned to provide for that mix, understanding however, that vacant land may also used for non-residential purposes.. · Allow diverse housing types in multiple residential zones, induding a variety of ownership types. · Develop a numeric goal of providing affordable housing distributed proportionally in the fides larger than 10,000 persons in the County. · Cooperate with the Marion County Housing Authority in developing affordable hoUSing projects in areas that have good walking, biking, and transit service and access to services. · Allow expansion of urban growth boundaries consistent with state land use planning law to provide additional land for' housing consistent with the other standards listed in this section. 2. Require identification of the existing capadty of residential uses. Standard: · Determine ff the devdopment density allowed is too low to attract investment. If it is, consider mo,4ifieations to zoning regulations that will be appropriate. 3. Ensure quality design of new construction Marion County Compact Framework Draft #2 - 07/'26/02 Page 16 ~,TI'~OHMENT, /~ Standard: Pago /'7.. of * Adopt clear and objective Design Standards for multi-family and commercial construction in cities over 10,000 and encourage their adoption in smaller communities. llG FRAMEWORK IMPLEMENTATION In addition to its population coordination responsibilities (ORS 195.025), Marion County has joint agreements regarding urban growth boundaries with all local cities, and participates as a decision-maker on all urban growth boundary amendments. The County will work with the cities to project any future urban growth boundary expansions that may be needed, and will use its authority to minimize the impacts of new development. Modifications to urban growth boundaries will be addressed through State planning law and this Framework process, including the protection and monitoring of urban .grov~h boundary expansion al'eas for urban uses. As urban growth affects many important parts of Marion County and its economy, a need to coordinate growth and develop a consistent growth management policy among the 20 incorporated cities is essential. As many of the growth issues transcend city boundaries and are regional in nature,' coordination with and amongst the cities and engaging the cities to working together to develop solutions and strate, gies is an important coordination role for the County. It is equally important for the County to provide assistance to cities in the form of information/data collection and analysis, and develop tools that can be utilized by the cities in addressing growth issues or concerns. The planning and growth management activities of many jurisdictions affect and are affected by the actions of other jurisdictions in the County. The future plans for development of each city impacts the development potential of neighboring cities. For example, a large retail operation locating in one of the smaLler communities in Marion County will likely have a greater market draw than the immediate town. As a result, the opportunity for the neighboring dties to solidt a large retail operation is greatly reduced and the transportation impacts between communities is increased. The coordination of planning and development activities and recognition that these activities are part of an on- going and continually evolving process, is essential if urban growth management efforts are to succeed. As part of the coordination with and between local governments, each city's vision for the future must be taken into consideration and respected when neighboring cities are Planning for their futures. One of the planning principles identified through the Marion County Urban Growth Management Framework is the need for each community to maintain the characteristics and qualities that make it unique. In recognition of each comn~unlty's unique character as well as growth being an issue that crosses jurisdictional boundaries, the implementation of {he growth strategy has three components: 1.) the identification of and approach of utilizing possible subareas (groups of cities) of the county Marion County C, ompac~ Framework Draft #2 - 07/26/02 Pgge 16 ATTACHI~IENT Page ~ of to meet local needs regarding key issues and to provide links between communities; 2.) letters of agreement and support from the cities for regional, growth management and planning coordination by the County and cities for the broad policies that everyone can agree to; and 30 individual intergovernmental agreements or compacts with each city or groups of cities and the County for the specific issues relevant to each city and/or subarea of the county. This process will result in a growth strategy that provides coordination between the different entities, but also maintains the integrity of the 20 cities within the County. Countywide GrowthI Management Utilizing Subareas Growth management including key issues and strategies is a regional issue that transcends jurisdictional boundaries. The integration of local planning efforts to address and manage key growth issues provides a collaborative approach and action that will be far more effective than the 20 cities and the County acting independently of each other. Cities within the county are linked to each other in many ways whether it be geographically, economically, transportation, housing, resources, services or other linkages. Utilizing these connections and the knowledge that communities in an area do impact on each other, the identification of subareas in the county, that is the grouping of cities together to collectively work toward common goals and strategies on keygrowth issues affecting each community, is an effective way to accommodate the neects of the cities and county within a countywide approacl~ where individually, each jurisdiction's role is limited. The Growth Management Framework Preferred Alternative focuses the majority of growth in the County to the larger communities of Salem, Keizer, Woodburn, Stayton and Silverton. The larger commnnlties con~n the essential components needed to accommodate growth such as infrastructure, services, developed employment lands, and a variety of housing options that are not all available in the smaller communities within the county. These larger communities serve as urban centers within several defined areas of the County around which several smaller commnnlties are located and which are dependent upon the larger commlm~ties for various services. The transportation (roadways and rail lines) and natural 'resource (waterways) systems in the county provide the physical llnk.~ between communities that are also influenced or impacted by growth in adjoining counties. The dries of Salem and Keizer form the primary urban area located within the western portion of the County and are projected to accommodate nearly two-thirds of the additional growth within the county over the 2050 planning horizon. The City of Salem is also located in Polk County which is impacted by growth and development in the Salem/Keizer urban area. The City of Turner, located just to the south of the City of Salem is directly influenced by the Salem urban area. The north County area con1~_ ;n.~ the dties of Aurora, Donald, Gervais, Hubbard, St. Paul, and Woodbum, with Woodburn being the largest community and projected to accommodate the most growth in this area of the county. The north County area is also affected by growth and development in adjoining Clack=-~as County which forms the southern boundary of the Pordand Marion County Compact Framework Draft #2 - 07/26/02 Page '17 llG' ATTACHMENT Page ~ of metropolitan region. The central County area contains the cities of Mt. Angel, Scotts Mills, and Silverton, with Silverton being the largest community and projected to accommodate the growth in this area' of the county. The south County area includes the cities of Aumsville, Jefferson, Sublimity, and Stayton, with Stayton being the largest community within this group of cities and projected to accommodate the most growth. The cities of Aumsvill~, Stayton and Sublimity are clustered together along Highway 22 to the east of Salem, while the City of Jefferson located to the south of Salem off Interstate 5 is also influenced by its proximity to the City of Albany which is in Linn County. The east County area includes the smaller cities of Detroit, Gates, Idanha, and Mill City which are located along the North Santiam River canyon with Gates, Idanha, and Mill City also located in Linn County, and are physically separated from the Willamette Valley cities of the County. The various areas of the County and groups of cities within these areas, have differefit .growth concerns and/~eeds individually as cities and collectively as a region or subarea of the county. The interrelationship between cities and the hierarchy of dries based on size, the services they provide, and the impact of larger cities on surrounding smaller communities, make a regional approach to growth issues a sensible and efficient strategy. The willingness of a grOup of cities to pursue a collaborative approach to finding solutions to growth issues affecting both an area of the county and indiVidual cities as they plan for their future, is a part cfi the countywide growth management implementation strategy for developing a regional approach to addressing key growth issues facing the cities in the County. Letters of Agreement/Support In order to have a consistent growth management plan for the County, the County and 20 cities will be asked to voluntarily sign/submit a Marion County Urban Growth Management Framework Letter of Agreement or Support. This letter references the countywide standards identified in the Framework that are applicable to all cities. Signing of a Framework letter indicates agreement and support for a countywide approach to growth management and working together to develop effective strategies to address key issues. Signing a letter of agreement also indicates support for the countywide goals, policies, and standards that frame the regional growth management approach, and requires efforts within a reasonable period of time to comply with the Framework strategy. The countywide standards addressed in the Framework, will be reviewed every five years to assess growth and devdopment patterns and the impacts on the cities and areas of the County. This review process will be the basis for determining whether changes or modifications to the Framework are necessary due to the actual growth patterns being realized in the County or to address countywide issues involving one or more of the four key growth issues, as they may occur. Revisions can be made at other times if half of the cities and the Marion County Board of Commissioners agree to the change. Marion County Compact Framework Draft #2 - 07/26/02 Page 18 A"I"I"ACHIdENT /~ 110 Individual Inter-Governmental Agreements (IGAs) or Compacts Each community vithin Marion County is unique. As a result, individual intergovernmental agreements or compacts will be signed with each city md/or groups of cities and the County to address the topics identified in the Framework and specific local growth issues that may effectively be addressed through such a city/county agreement. The Framework provides the overall growth management concepts needed to address the key issues regarding iransportation, environment, economic development, and housing while identifying the ~oles that the cities and the County have in cooperatively working to develop solutions to ~these growth issues. The IGAs or compacts are the collaborative implementation mecl~anism between each city and the County which will contain the details as to how the city and County will address specific growth issues and concerns which will be different for each city. Growth boundary expansions, identification of possible future areas of expansion or concern, population forecasting adjustments, la~d efficiency and development standards, data needs and analysis, redevelopment and land needs, economic development strategies, transportation routes, natural resource plans, and growth management tools are some of the various items that can and will be included within the IGAs or compacts between the County and the cities. Modifications to the intergovernmental agreements or compacts can be made with the consent of both the city and the county. The intergovernmental agreements will be reviewed and modified as appropriate during the city's periodic review process. Marion County Compact Framework Draft #2 - 07/26/02 Page Fregonese alPno. rpe /-xssoclates Regional ~cl Ud~n I::~nning ATTACHMENT Page ~ of llG Memorandum TO: Les Sasaki, Sterling Anderson FROM: John Fregonese SUBJECT: Alternative forecasts for the Marion County Framework DATE~ July 12, 2002 As you know, one of the remaining items of concern among the Marion County Cities is the amount of growth the framework forecaits for any individual city. This memo is intended to clarify the intent of this long-range forecast and the associated land efficiency targets, along with some options for the Board to consider when adopting, the urbanization Chapter. One of the strongest shared values of the Marion County Growth Management Framework process was the desire of the citizens of the county to preserve agricultural land and plan for future growth. The County's main tools to accomplish this are the coordinated forecast and the urban growth boundary agreements between the County and its cities, the proposed Framework included basic forecasts and land efficiency targets. The app.roximate capadty inside existing urban growth boundaries has been calculated for all 20 cities, allowing the long range extent of urbanization to be estimated. While the general concept was well received by most rides, there was some concern about the specific amount forecast. A few cities felt they were forecast to grow too much, while several others lek the forecast was not reflective of their community's probable growth. In order to address these concerns, we have added a policy in the draft chapter that requires forecast review every 5 years Additionally, the framework will allow a city that is significantly deviating from its forecast to request a reevaluation at any time. To provide additional options we have included two possible scenarios in addition to the one included in the draft framework for your consideration. Including the original framework forecast, there are three possibilities, all within_ the realm of reasonableness for a 50-year forecast. The original forecast to 2050 was made using the forecasts for 2040 from the State of Oregon, and extrapolating to 2050. This is also the forecast that was used for the Willamette Valley Alternative Futures Project. 412 S.W. Sixth Aveaue, Suite 1250 Portland, OR 97204 503-228-3054 Fax 503-525-0478 ATTACHMENT Page of The City of Salem is currently conducting the Salem Futures project, and therefore we were not able to determine their land needs as we have the other 19 cities of the County. Based on the most recent estimates, the Salem/Keizer area would require about 1,800 acres of land over this period to be added to the urban growth boundary. We have held this expansion constant in all the forecasts. The Salem forecast and land need should be adjusted as soon as Salem is ready to coordinate with the County in the official adoption of the Salem Futures process. The original forecast was based on a total population for Marion County of 500,400 people in 2050 (the 2000 census Population was 248,834). The first forecast used as a basis the potential capacity inside each boundary, the results of the workshops, input from the cities, and the selected gro~vth scenario from the process. This forecast would require about 3,200 acres of land outside current Urban Growth Boundaries to be used for urbanization, assuming Salem would require 1,800 acres. In the second forecast, we modified the basic forecast to reflect the proportionate share of growth the dales received over the last 10 years, while keeping the forecast total at 500,400. This led to the Salem/KeiZer forecast falling from 3~42,000 to 326,000, while rapidly growing dries such as Aumsville and Woodburn increased their forecast amounts. This forecast would require about 4,032 acres of UGB expansion, again assuming Salem requires 1,800 acres. A third scenario would designate the larger of the forecasts f?om each of the two prior forecasts~ This would increase the County total from 500,400 to 522,224. These differences are within 5%, well within the expected accuracy of a 50-year forecast. The land need only slighdy increases to 4,161 acres. The majority of land added to the urban growth boundaries, other than Salem/Keizer would be in the Gervais-Woodburn-Hubbard corridor, which would add a combined 1,445 acres of land. The following is a table that compares the forecasts and estimated land needs. 412 S.W. Sixth Avenue, Suite 1250 Portland, OR 97204 503-228-3054 F~ 503-525-0478 Pago ~---~_~ of 0 0'~ o 0 AYTAOHMENT /~ Paao~.of ~?l]~~ NOTICE OF PUBLIC HEARING MARION COUNTY BOARD OF COMMISSIONERS LEGISLATIVE AMENDMENT (LA) 02-4 AMENDING THE URBANIZATION ELEMENT OF THE MARION COUNTY COMPREHENSIVE PLAN: MARION COUNTY URBAN GROWTH MANAGEMENT PROJECT FRAMEWORK AND IMPLEMENTATION STRATEGY PURPOSE OF HEARING: To receive testimony on proposed text, goal and policy amendments to the Urbanization Element of the Marion County Comprehensive Plan. The amendment involves the adoption of the Marion County Urban Growth Management Project Framework and Implementation Strategy. The Marion County Urban Grow0a Management Project was initiated by the Board of Commissioners in October 1998 to allow the County to engage the cities, affected agencies and the public in discussions about the future of the County and its urban areas, and to develop a growth management policy framework for use by the County and cities to help ensure that future growth can be accommodated ina coordinated and acceptable manner. Marion County is responsible for the regional coordination of planning activities within the County and adoption of the Growth Management Framework and Implementation Strategy will provide the policy framework to guide furore growth of urban areas within the County. DATE AND TIME OF HEARING: August 28, 2002; !0:00 a.m. LOCATION OF HEARING: Senator Hearing Room 1233, Marion County Courthouse Square, 555 Court Street NE, Salem HOW TO PARTICIPATE: Anyone desiring to speak either for or against the proposal may do so in person or by representative at the public hearing. Also, written comments may be filed with the Marion County Pl~ning Division prior to the public hearing. The file and materials relied upon by the County in the development of the Plan amendment and applicable criteria are available for inspection at no cost and copies are available. The staff report in the case will be available seven (7) days prior to the hearing. The proposed amendment/material are available on the County website: www.co.marion.or, us/meplann. For information on the proposed amendment or to mail written statements, contact: Les Sasaki, Marion County Planning, Room 2130, PO Box 14500, Salem, OR 97309. Phone: 503-588-5038 DECISION CRITERIA: The criteria upon which the decision will be based include: 1. Oregon Revised Statutes (ORS) Chapters 195, 197 and 215 2. Oregon Administrative Rules (OAR) Chapter 660, Divisions 19 and 25 3. Marion County Comprehensive Plan Urbanization Policies 4. Orcgon Statcwidc Land Use Planning Goals 1 - 15 ACCOMMODATION OF PHYSICAL IMPAIRMENTS: To accommodate persons with physical impairments, please notify the Planning Division of special physical or language accommodations you may need as far in advance of the mooting as possible. ATTACHMENT P~IO-Z-- of Incorporated 1889 June 24, 2002 The Honorable Marion County Board of Commissioners Courthouse Square . 555 Court Street, NE Salem, OR 97309-5036 Subject: Marion County Urban Growth Management Project Dear Chairman Ryan and Commissioners Franke and Milne: On behalf of the Woodbum City Council, allow me to express my appreciation for the effort the County is making to promote greater planning coordination between Marion County and its cities. Let me preface these remarks by underscoring our commitment to continued discussions with other cities and the County regarding the accommodation and encouragement of planned growth and development, the orderly extension of urban services, enhanced quality of life, environmental protection, and economic vitality. These objectives are embodied in the Statewide Planning Goals and in the Wo0dbum Comprehensive Plan. The City of Woodburn has also considered these broad objectives in the update of our Comprehensive Plan over the last several years, as part of the state-mandated Periodic Review process. To improve our quality of life and our local economy, we adopted the Woodburn Downtown Plan in 1998 and initiated an urban renewal program this past year. Last year, we contracted with EcoNorthwest to prepare an Economic Opportunities Analysis. This analysis identifies "target industries" likely to locate in Woodbum over the next 20 years, and describes the types of sites and public facilities such industries require. We are now updating our buildable lands inventory, public facilities plan and transportation systems plan to ensure suitable industrial sites are available and can be economically served. We are also updating our housing needs analysis to ensure we can provide affordable housing opportunities commensurate with the incomes of existing and future Woodburn residents. Woodbum is committed to achieving a balance between well-paying jobs and quality housing in our community. To address thc implications of thc Economic Opportunities Analysis, Woodburn was recently awarded a Periodic Review grant from DLCD to undertake these planning tasks. As required by this grant, we will be coordinating closely with Marion County regarding amendments to Woodburn's 2020 population forecast, land needs assessment, Office o~ the M~yor 270 MontgenteW Steett · Weetllntm, Oregon 9707f Marion County Board of Commissioners June 24, 2002 Page 2. ATTACHMENT~.~ Pago ~2~, of~ P-- ' '~J transportation system plan, land use designations, and (if justified) to our Urban Growth Boundary. During this process, we will explicitly consider the assumptions and efficiency measures embodied in the Marion County Growth Management Project. Last Tuesday, the Council considered'the Growth Management Framework and its supporting assumptions in a work session held specifically for this purpose. We also considered the draft letter of support provided by Mr. Sasaki of your planning department. Unfortunately, the Council is uncomfortable signing this letter at this point. The Council has two primary concerns that we believe need to be further addressed. First, time is needed to review the assumptions, policies and standards found in the Framework and its supporting documents, to determine their implications for achieving Woodburn's economic, housing and growth management policy objectives. We are concerned several assumptions supporting the Framework and standards in the Framework make the City's economic development objectives more, rather than less, difficult to achieve. We anticipate completing our land needs assessment and public facilities plan update this Fall. When we have completed this analysis, we welcome the opportunity to hay0 our planners sit down together to discuss how we can reach agreement on a common approach. Second, and fundamentally, the Council wants to maintain its role as master of our community's destiny. We understand we must coordinate with Marion County, ODOT and DLCD regarding our planning activities. We understand any effort to amend the Woodburn Comprehensive Plan, especially if a UGB change is involved, must be comprehensively and exhaustively justified against the requirements of the Statewide Planning Goals. Some of us are concerned, however, that the Marion County Growth Management Project represents yet another layer of government- an additional set of requirements that stand between the City and realization of our future. The Council is not convinced that this particular "countywide framework should be a comprehensive guide for interjurisdictional land use and transportation issues". For these reasons, the Council has concluded that it cannot agree to the present "compact" proposed by Marion County. We remain committed to working with Marion County and our neighboring cities in our future planning efforts, and look forward to future discussions with the County and other cities related to the management of growth in Marion County.