Agenda - 08/09/2004 WOODBURN CITY COUNCIL
AGENDA
AUGUST 9, 2004 - 7:00 P.M.
CALL TO ORDER AND FLAG SALUTE
ROLL CALL
ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. Music in the Park presents The Fabulous Essentials, big band
music, on August 10, and J. T. and the Tourists, old time rock &
roll, on August 17. Both performances begin at 7:00 p.m.
Walt's Run will be held on August 14, 2004 at Centennial Park.
Registration forms can be obtained at the Aquatic Center.
Mayor's Cup Golf Tournament will be held on August 21,2004
at Senior Estates. Tee time is 8:00 a.m. Applications are
avaiJable af the Recreation and Parks Department Office at
160 W. Cleveland.
Appointments:
None.
4. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
A. Ice Age Flood Legislation
5. COMMITTEE REPORTS
A. Chamber of Commerce
B. Woodburn Downtown Association
"Ha[~ra i.t~rpretcs bisponi[~les para a~Ju~[[as personas que no ba[~[a~ InO[~st previo acuerbo. Comu~quese
a[ (503) 98o-2485."
August 9, 2004 Council Agenda Page i
6. COMMUNICATIONS
o
o
None.
BUSINESS FROM THE PUBLIC - This allows the public to introduce items
for Council consideration not already scheduled on the agenda.
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 July 26, 2004, regular and
executive sessions
Recommended Action: Approve the Woodburn City Council
minutes.
Woodburn Recreation and Parks Board draft minutes of July 13,
2004
Recommended Action: Accept the Woodburn Recreation
and Parks Board draft minutes.
C. Woodburn Public Library Monthly Report for June 2004
Recommended Action: Accept the report.
D. Planning Project Tracking Sheet dated July 20, 2004
Recommended Action: Accept the report.
Building Activity for July 2004
Recommended Action: Accept the report.
Fo
Storm Drain Easements in the Bryan Street Vicinity
Recommended Action: Information only.
TABLED BUSINESS
15
24
27
28
31
32
None.
10. PUBLIC HEARINGS
Northwest Natural Franchise
Recommended Action: Adopt the attached ordinance
amending Ordinance No. 2133, the Northwest Natural Gas
Company Franchise, to extend said ordinance until September
15, 2004.
36
August 9, 2004 Council Agenda Page ii
11.
GENERAL BUSINESS -Members of the public wishing to comment on items of
general business must complete and submit a speaker's card to the City
/~ecorder prior to commencing this portion of the Council's agenda.
Comment time may be limited by Mayora/prerogative.
Ao
Be
Council Bill No. 2523 - Ordinance repealing the schedule of
fees and charges for City services adopted in 2003, adopting
the 2004-05 revised schedule of fees and charges for City
services; providing for the annual review of said fee schedule
and declaring an emergency.
Recommended Action: Adopt the ordinance.
Council Bill No. 2524 - Ordinance amending Ordinance No.
2133, the Northwest Natural Gas Company Franchise, to
extend said ordinance until September 15, 2004 and declaring
an emergency
Recommended Action: Adopt the ordinance.
Do
Intergovernmental Agreement for School Resource Officer
Recommended Action: Authorize the City Administrator to
sign an agreement with Woodburn School District for School
Resource Officer services.
Ee
Agreement for Periodic Review Consulting Services
Recommended Action: Authorize the City Administrator to
execute an agreement for Periodic Review Consulting
Services, and any related documents, with Winterowd &
Brooks, LLC, for fiscal year 2004-05.
Application for Traffic Enhancement Program Highway 214
Sidewalks
Recommended Action: Approve application for Traffic
Enhancement Program of Oregon Department of
Transportation (ODOT). Authorize staff to submit application
affirming the future availability of Local Matching Funds in the
amount of $74,000.
12. NEW BUSINESS
37
52
65
70
124
August 9, 2004
Council Agenda
Page iii
13.
14.
15.
16.
PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These
are Planning Commission or Administrative Land Use actions that
may De called up Dy the City Council.
A. Community Development Director's Approval of Partition 04-04
(1791 West Lincoln Street)
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
EXECUTIVE SESSION
To review ancJ evaluate, pursuant to standarcJs, criteria anc~
policy directives ac~optecJ by the governing body, the
employment-relatec~ performance of the chief executive
officer of any public body, a public officer, employee or staff
member unless the person whose performance is being
reviewecJ and evaluated requests an open hearing pursuant
to ORS 192.660 (1)(i).
17. ADJOURNMENT
126
August 9, 2004 Council Agenda Page iv
WOODBURN
August 6, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
D. Randall Westrick, Recreation and Parks Director
Ice Age Flood Legislation
RECOMMENDATION:
Receive the report.
BACKGROUND:
In the summer of 2001, the National Park Service completed a major Special
Resources Study and submitted a report to Congress that proposed establishing
an Ice Age Floods National Geographic Trail. The Report's Executive Summary is
attached. Also attached are excerpts from the report that pertain to
Woodburn's potential role in the trail system.
The trail would consist of a neiwork of motor tour routes extending across
Montana, Idaho, Washington and Oregon. The route would feature special
roadway signage, interpretive displays and centers that describe the
cataclysmic floods that shaped the northwest landscape at the end of the Ice
Ages more than 12,000 years ago.
Page 95 of the Report (attached) describes tour routes within Oregon. It
identifies the "Mt. Angel Loop" that utilizes Highways 213 & 214. This loop would
course through Woodburn.
Page 108 of the Report (attached) describes "orientation/interpretative"
facilities needed within the Willamette Valley. While the report does not state a
specific location, it does urge National Park Service planners to work with local
communities to determine the best location for such a facility.
Pages 119 through 120 of the Report (attached) out-tine Alternative 3. This
alternative is the plan on which legislation currently in Congress is based.
Alternative 3 calls for partnerships with local governments to manage and
Agenda Item Review: City Administrator'''''~City Attorney_ Finance;~'?¢
Mayor and City Council
August 6, 2004
Page 2
coordinate the trail system, it proposes an Interagency Technical Committee to
augment National Park Service staff in a variety of areas including geology,
environmental interpretation, tourism, resource management or related fields.
Woodburn is ideally suited to benefit from this project. Recent scientific
exploration in the Mill Creek basin around and in Legion Park has uncovered
remains of plant and animal life that existed at the time of the ice age floods.
Some evidence of human presence has also been discovered. This summer,
scientists uncovered a "horse head" size chunk of granite that probably was
rafted into the Willamette Valley in ice when the Rocky Mountain glacial dam
broke causing the flood.
City plans include provisions for Ice Age Floods facilities. The current draft of the
Legion Park Master Plan includes interpretative trails, kiosks and a center based
on the scientific discoveries within Legion Park and throughout Woodburn. The
Mill Creek Oreenway Master Plan that is currently being drafted with National
Park Service technical assistance is expected to include Ice Age trails and
interpretative facilities.
The recently acquired property at which the new Police Station is proposed also
has potential for more scientific exploration and environmental interpretation
regarding the Ice Age Floods. This property acquisition more than doubled the
creek corridor within Legion Park.
Woodburn is ideally suited to become a major destination within the Ice Age
Floods National Geological Trail system.
DISCUSSION:
On July 22, 2004, Representative Doc Hastings of Washington introduced "H.R.
4944. A bill to designate the Ice Age Floods National geologic Trail." The bill has
been sent to the Parks Subcommittee of the House Committee on Resources.
This legislation would enact Alternative 3 as described in the National Park
Service study.
The entire Oregon and Washington House of Representative delegation have
signed on as go-sponsors. As yet, companion legislation in the Senate has not
been introduced although Washington Senators Cantwell and Murray have
endorsed the legislation.
Mayor and City Council
August 6, 2004
Page 3
FINANCIAL IMPACT:
No immediate fi'nancial impact is noted. However, this legislation could lead to
funding to help develop interpretive facilities and trails as outlined within the
draft Legion Park Master Plan and Mill Creek greenway Master Plan. Funding
could also be available to help fund local curation and display of fossils and
geological material associated with the Ice Age Floods.
Attachments
Ic¢ A~,¢ FlooOs Stucly of AlternatJ¥¢s Executiv~ Summary
EXECUTIVE SUMMARY
'his/ce Age Floods Study of Mternatives and Environmental Assessment examines
various ways public and private sector entities throughout the northwestern United
States can work collaborativaly to tell the fascinating story of the cataclysmic floods of
the region to the American people. The last Ice Age Floods (Floods) occurred some
12,000-17,000 years ago. Today, vivid reminders of their impact remain on the
landscape of parts of western Montana, the Idaho panhandle, eastern and central
Washington and northern Oregon. The powerful story of the Ice Age Floods is an
important component of our Nation's natural history and geology, and presents a
potentially very popular interpretive theme.
The/ce Age Floods Study of Alternatives
and Environmental Assessment analyzes
four distinct management options: two
involving non-federal options and two
that would require Congressional
designation.
Common to three of the alternatives is the
notion of developing a designated "Floods
Pathways' tour route that would follow
along the paths of the Floods. The
Pathways would largely be an auto tour
route along existing public highways and
roads and would allow both visitors to the
region and residents alike to follow the
path of the Floods and view distinctive
Floods features. In some places
complementary land and water trails
would lead to specific Floods features.
The funding for the Study of Alternatives
and Environmental Assessment was
secured from Congress through the
National Park Service (NP$) Special
Resource Study Program. The client of
the study report is Congress, who in turn
will consider whether or not some sort of
designation or action may be appropriate
on a national level.
The study format follows that required
by Public Law 105-391, Title III. This
program provides for an analysis of
resources to determine if they are eligible
for inclusion into the National Park
System or consideration for some other
approach that also provides for the
protection and public use of a specific
resource. It is intended that the
application of the study criteria will
assist Congress in determining whether
or not some sort of national designation
for Ice Age Floods resources within the
study region is appropriate.
The Story of the Floods
During the last Ice Age, a finger of the
Cordilleran ice sheet crept southward into
the Idaho Panhandle, blocking the Clark
Fork River and creating Glacial Lake
Missoula. As the waters ruse behind this
2,000-foot ice dam, they flooded the
valleys of western Montana. At its greatest
extent, Glacial Lake Missoula stretched
eastward a distance of some 200 miles,
essentially creating an inland sea.
Periodically, the ice dam would fail.
These failures were often catastrophic,
resulting in a large flood of ice- and dirt-
filled water that would rush down the
Columbia River drainage, across
northern Idaho and eastern and central
Washington, through the Columbia
River Gorge, back up into Oregon's
Willamette Valley, and finally pour into
the Pacific Ocean at the mouth of the
Columbia River.
The glacial lake, at its maximum height
and extent, contained more than 500
cubic miles of water. When Glacial Lake
Missoula burst through the ice dam and
exploded downstream, it did so at a rate
10 times the combined flow of all the
rivers of the world. This towering mass of
water and ice literally shook the ground
as it thundered towards the Pacific
Ocean, stripping away thick soils and
cutting deep canyons in the underlying
bedrock. With flood waters roaring across
the landscape at speeds approaching 65
miles per hour, the lake would have
drained in as little as 48 hours.
But the Cordilleran ice sheet continued
moving south and blocking the Clark
Fork River again and again, creating other
Glacial Lake Missoulas. Over thousands of
years, the lake filling, dam failure, and
flooding were repeated dozens of times,
leaving a lasting mark on the landscape of
the Northwest. Many of the distinguishing
features of the Ice Age Floods remain
throughout the region today,
Executive Summary
Together, these two interwoven stories of
the catastrophic floods and the formation
of Glacial Lake Missoula are referred to
as the "Ice Age Floods." Therefore, in
this Study of Alteroat~ves the term Ice Age
Floods is inclusive of both the formation
of Glacial Lake Missoula and the
subsequent floods.
While scientific research to date assists in
telling this fascinating story' there is
much inquiry and study that is still
needed on the Ice Age events in the
region. Conflicting theories on various
aspects of the Floods remain to be
debated and researched by future
geological professionals, adding
dimension to the educational aspect of
the project.
Study Criteria
The "Criteria for Parklands" is an NPS
publication that defines the process
and criteria used to screen proposals
for potential new park units. Criteria
for the study are also provided by
Public Law 105-391, Title III. Using
the standards and requirements
outlined in the ~Criteria," the objective
of the Study of Alternatives was
ice A~e t~loods Study of Alternatives
threefold: first, to determine the
significance of Ice Age Floods
resources; second, to evaluate these
resources for their suitability and
feasibility as a potential new unit of the
National Park System; and last, to
examine a range of viable management
approaches that identify various ways
in which the coordinated interpretation
of Ice Age Floods resoumes could be
achieved. Highlights of the Study's
findings are:
National Significance
By examining the NPS themes, which
look at both natural and cultural
resoume themes, the Study found that
the Floods region exceeds the basic
requirements for consideration as a
nationally significant resource. The
Floods are the greatest scientifically
documented floods known to have
occurred, and the landscape of the
Channeled Scablands in southeastern
Washington was formed in a manner
similar to that of channels on the planet
Mars. Additionally, there are seven
currently listed National Natural
Landmarks within the study region that
have Floods features as a principal
component and resource value.
Threats to the Resource
Threats to the resources related to Floods
features are generally considered
minimal because of the size and number
of Floods features in the four-state study
region. While the protection of certain
specific Floods features cannot be
assured over the long-term, the scope
and scale of the various Floods features
across such a large landscape help to
diminish most resoume concerns.
Suitability
Based upon an evaluation of natural and
cultural themes, various features of the
Floods, along with the Floods pathways,
are suitable for inclusion into the
National Park System.
The Ice Age Floods are not presently
represented in the National Park System.
In addition many Floods features possess
a high degree of integrity and are a good
example of a collection of resources
directly related to the theme.
Feasibility
The size, breadth, and multitude of
ownerships throughout the study region
make the area not feasible to consider for
a traditional National Park, Monument
Executive Summary
or similar designation. However, it is
feasible to interpret the Floods story
along the Floods Pathways across parts
of Montana, Idaho, Washington, and
Oregon provided there is a high degree of
cooperation among the various public
and private entities within the four-state
Study Process
The Study process developed for the
production of the Ice Age Floods Study of
Alternatives was intended to provide an
opportunity for interested individuals,
organizations and communities
throughout the Northwest to become
actively involved. A study team
composed of public and private sector
representatives from throughout the
four-state study region guided the
conduct of the study. This included the
interagency Ice Age Floods Task Force
composed of local, tribal, state and
federal public agency professionals in
geology, interpretation, tourism and
other fields. Also included on the study
team were representatives from the
nonprofit Ice Age Floods Institute, along
with the study consultant, Jones & Jones
of Seattle, Washington.
From the outset, given the size and
complexity of the study region, four
study zones were designated and zone
chairpersons were identified. First.
volunteers within each study zone took
responsibility for inventorying Floods
resources, building upon work already
published by professional geologists from
the U.S. Geological Survey, the Bureau of
Land Management, area colleges and
universities, and others. Next, various
existing sites across the Nation, both
within and outside the National Park
System, were examined for their
applicability to the project region.
Finally, the study team advanced the
concept of Floods Pathways for public
viewing of Floods resources, and
developed a range of four management
alternatives, all with the common goal of
providing a coordinated and
collaborative interpretative approach to
telling the story of the Ice Age Floods to
the public.
Ice Age Floods Region and
Floods Pathways Tour Route
Common to three of the alternatives
developed by the study team for
interpreting the Floods story is that the
study area, which covers some 16,000
square miles across a four-state area, be
defined as the Ice Age Floods Geologic
Region. Within the Floods region.
"Floods Pathways" could be identified as
public tour routes, which follow the path
of the Floods past various flood features.
As designated, the Floods Pathways
would extend from Missoula, Montana,
to the Pacific Ocean. In most cases, the
Floods Pathways would follow existing
public highways and roads. A system of
loops and spur routes would also be
designated where some key Floods
features were outside a linear auto route.
Along the perimeter of the Floods
Region are several communities that
would serve as "gateways" to the Floods
Region. In some cases, non-motorized
hiking, bicycle, horse, kayaking, and
canoeing trails could augment the
driving route. Aerial and boat tours of
Floods features could also be encouraged
to gain a better understanding of the
Floods epic stor~
Floods Pathways would provide both
visual and physical access to significant
Floods features on public land, and
would help link these features together
as part of a coordinated effort among all
Ex¢cutiw 5ummory
levels of government, along with private
sector support. Floods features on
private lands could be viewed from
public roads, and could be interpreted
with the permission of the landowner.
Final details concerning the locations of
specific routes and interpretive facilities
would be worked out as part of a future
management planning process.
Regarding the lands upon which Floods
features are located, the study team
recommendation is to coordinate the
interpretation of Floods resources on
public lands. No Congressional
authorization for acquisition of private
land is either necessary or
recommended.
Public Participation
There has been a high level of public
interest and participation during the
course of the study process. The public
has attended meetings held throughout
the four-state study region, including
meetings in Missoula, Montana;
Sandpoint, Idaho; Spokane, Seattle, and
Richland, Washington; and Portland,
Oregon. The local study zone groups
have embarked on public outreach and
Ice A~e Floods Study ot Alternatives
education programs have resulted in
television and radio coverage and
newspaper articles. A brochure was
developed specifically for the project to
acquaint the public with the purpose of
the study. A webpage (www. nps.gov/
iceagefloods) includes the Floods story,
notice of public meetings, and
information on the study report. Video
tapes of the Floods story produced by the
Washington State University Landscape
Architecture Program in cooperation
with the National Park Service, and
another produced by Oregon Public
Broadcasting, have been seen by
thousands throughout the region and
have stimulated interest in the project.
The mailing list is made up of more than
1,100 interested citizens and
organizations. Magazine articles,
including a 1995 article in the
Smithsonian magazine, have also
stimulated interest in the Floods story.
Management Alternatives
The Study Team developed four distinct
management alternatives to be
considered by Congress. While each
alternative varies in the approach it
uses, common to each action
alternative is a collaborative and
coordinated approach for the
interpretation of the Ice Age Floods
story to the public. All management
alternatives also place emphasis upon
using Floods features on public lands to
help convey the story, and three
alternatives recommend the designation
of a Floods Pathways auto tour route,
with loops and spurs, throughout the
four-state region.
The four management alternatives
presented in the study include two
alternatives that do not involve any
federal designation, and two that would
require authorization from Congress.
They are described as follows:
Local/State Designation
Alternative 1--Existing Conditions: Under
this alternative management would
continue to be done at the local level.
Flood resources on public lands would
be managed individually without any
coordinated effort.
Alternative 2--Quad-State Cooperation:
Under this alternative, the State
Legislatures of Montana, Idaho,
Washington and Oregon would designate
Executive Summory
representatives to a quad-state
commission that would promote the
coordinated interpretation of the Floods
story at the state and local level.
Federal Designation
Alternative 3--National Geologic Trail:
Under this alternative, Congress would
authorize the establishment of an Ice Age
Floods National Geologic Trail. The Ice
Age Floods National Geologic Trail
would in essence be the national
designation of the Floods Pathways
concept. The trail would be managed by
a National Park Service trail manager and
small support staff. The NPS would be
responsible for overall trail management
and emphasis would be on coordination
with various public and private entities.
A trail advisory group would be formed
to assist in coordination activities. It is
further recommended that the NPS be
given no new land ownership,
acquisition, or regulatory authority in
fulfilling this role.
Alternative 4--National Geologic Region:
Under this alternative, Congress would
designate the study area under a new
designation as a National Geologic
Region. As in Alternative 3, Congress
would also provide national designation
for the Floods Pathways as the public
tour route that links the Floods features
throughout the National Geologic
Region. The Floods Pathways would be
managed by an Ice Age Floods
Commission, appointed by the Secretary
of the Interior, and composed of
members nominated by the Governors of
the four states, tribal governments and
public agency officials. It is anticipated
that the Commission would be
composed of both public and private
sector members and would have a paid
executive director and small support
staff. The role of the National Park
Service in support of the Commission
and staff would be largely in the area of
interpretation and education assistance.
In management of the National Geologic
Region, the primary emphasis of the
Commission would be on coordination
with various public and private entities
without any new land ownership,
acquisition, or regulatory authority.
Common to Each Action
Alternative
Common to each action management
alternative would be the continued role
of the nonprofit Ice Age Floods Institute
in promoting education and public
appreciation of the Floods story. Also
common to each alternative would be
the continued association with public
agency geology, tourism, interpretive and
education, and other professionals
among local, tribal, state and federal
agencies, and college and universi~
officials. This association could be
formalized through a written
memorandum of agreement.
Most Effective and
Et cient Management
Public Law 105-391 directs that the
Secretary of the Interior "shall consider
whether direct National Park Service
management or alternative protection by
other public agencies or the private
sector is appropriate for the area..."
and ~... shall identify what alternative
or combination of alternatives would in
the professional judgment of the
Director of the National Park Service be
the most effective and efficient in
protecting significant resources and.
providing for public enjoyment ....
FX¢¢Utiv¢ Summary
After careful consideration of the four
management alternatives presented in
the Ice Age Floods Study of Alternatives
and Environmental Assessment, the
National Park Service has determined
that Management Alternative 3. which
establishes the Ice Age Floods National
Geologic Trail (Floods Pathways), is the
most effective and efficient alternative.
Conclusion
Regardless of the future outcome, or
designation provided, the study process
has heightened public attention and
awareness in the Ice Age Floods story
and the role of the Floods in shaping this
region of the United States. As the story
of the Ice Age Floods continues to gain
popularity, increasing numbers of people
will want to view Floods features and
learn more about the story.
Representatives from all levels of
government and private citizens and
organizations have shown support for
some kind of coordinated regional effort
to help ensure the fascinating story of the
Ice Age Floods is told to the American
people in a coordinated manner.
lc(: AD~ Floods Study of Altcrnati¥¢s
Cities Loop follows U.S. Highway 730 to
Wallula Gap, a narrow constriction of the
Columbia River that caused the waters to
temporarily back up and create Lake
Lewis. In basins created by Lake Lewis
are excellent examples of rhythmites and
other depositions, as well as erosional
features related to the Floods.
Washington and Oregon
Beyond Wallula Gap, Floods waters
inundated the Umatilla and Dalles
Basins, creating Lake Condon. Along this
part of the Columbia River, two
highways parallel the river--I-84 on the
south bank and Washington's State Route
14 on the north bank. Together, these
two routes form the Columbia River
Loop. The Pendleton Spur of 1-84 leads
to the Columbia River at Umatilla.
Between here and The Dalles, State Route
14 provides visitors outstanding views of
the river and the effects of the Floods.
Visitors could cross onto 1-84 and the
Historic Columbia River Highway to
Crown Point. Crown Point is 700 feet
above the river level and was topped by
floodwaters during the Ice Age Floods.
State Highway 14 and 1-84 form the
Gorge Loop, which runs from The Dalles
to Portland. North of Portland on I-5, the
Pathways continue to the Kelso/
Longview area. The Castle Rock Spur
connects Castle Rock and the Kelso/
Longview area. The Pathway turns west
on Washington State Route 4 on the
north bank of the Columbia to Megler
near the meeting of the Columbia River
and the Pacific Ocean. U.S. Highway 30
leads from Portland to Astoria along the
south bank of the Columbia River,
forming the Lower Columbia Loop.
interpretation
Oregon
Just to the west of Crown Point is the
Portland-Vancouver Basin. A hydraulic
dam at Kalama Gap fomed flood waters
to back up into the Willamette Valley
and swirl around the landscape near
Portland. Interstates 1-84, 1-205, and I-5,
U.S. Highways 26 and 30, and State
Route 99-W and 99-E all lead to Floods
resources in the Portland area. The
Hillsboro Loop leaves Portland on U.S.
Highway 26 to State Route 47 and south
to State Route 99-W. Following State
Routes 213 and 214 will lead visitors to
the Mt. Angel Loop. The Big Bend Loop
leads visitors southwest of Portland on
99-W to State Route 22 west of Salem.
South of Portland, I-5 and State Routes
99-W, 99-E. 18, 22, 34, 228, and 126
lead to Flood resources in the Willamette
Valley as far south as Eugene. The
Willamette Valley spur runs from Salem
to Eugene.
facility in the vicinity of Spokane.
There has been no discussion with
the local or state officials regarding
the location of a visitor center, but
with the increased interest in and the
economic potential from the Ice Age
Floods region, the opportunity
becomes more attractive. There is a
Floods interpretive sign in Riverside
State Park in Spokane.
· Frenchman Coulee, Washington--(to
be developed). Frenchman Coulee is
very close to 1-90 and can be reached
by taking Exit 143. It was formed as
flood water drained from Grand
Coulee and the Quincy Basin. The
water dropped 500 feet in a series of
huge waterfalls to the Columbia
River. This site is an ideal area to
interpret or introduce the Ice Age
Floods and is in relatively pristine
condition.
Also of interpretive value are
resources located at Ginkgo Petrified
Forest State Park across the
Columbia River at Vantage,
Washington.
· Palouse Falls State Park,
Washington--(expand existing site).
Sixteen miles south of Washtucna,
the Palouse River drops 1§8 feet into
a gorge six miles north of the Snake
River. The Palouse River that flowed
down the Washtucna Coulee was
diverted south by the Ice Age Floods.
Washington State Parks and
Recreation Commission maintains a
modest park here with Floods
interpretation.
· Crown Point State Park, Corbett,
Oregon-- (enhance existing site).
Crown Point State Park at the west
entrance to the Columbia Gorge
stands at 700 feet above the river and
is an interesting Floods landmark. It
was inundated during the time of the
peak floods. An adjacent area,
Portland Women's Forum State Park
Scenic Viewpoint, overlooks Crown
Point and could be comidered for
enhanced exhibits to handle the
increased visitation and provide an
outstanding interpretive experience.
· Willamette Valley, Oregon--(to be
developed). At the present time,
there is no facility in the greater
Portland area and Willamette Valley
to interpret the Ice Age Floods and
their impact on the Valley. The
interpretation
I-5 corridor is heavily traveled and
there is a need for an orientation/
interpretive facility in this area. By
working with the local communities,
future planners could determine the
best location for such a facility.
There are a number of other
opportunities to locate additional
interpretive facilities or upgrade existing
facilities to accommodate the visitors to
the Ice Age Floods region. The Study
Zone Working Groups can survey their
respective areas and discuss the
interpretive opporttmities with the local
communities. For example, within the
Channeled Scablands of east-central
Washington, the communities of Grand
Coulee, Odessa, Moses Lake, and Othello
are expected to have increased visitation
with the designation of the Ice Age
Floods region. These communities
already provide visitor services in a
remote and rural area, and will need
technical and financial assistance to
enhance and expand current interpretive
facilities. Other communities within the
Ice Age Floods region could, over the
years, demonstrate needs for interpretive
facilities and join in partnership
programs with Ice Age Floods managers
to enhance the visitor experience.
Ice A~e Floods Study of Alternatives ['lana~erncnt Alternatives
alternative 3
National Geolo§ic Trail
Interagency NPS Trail
Technical, ~[Superintenden[~--~ ABd~) ~r~ry
Committee ~!..~
I
*USFS
USGS
BtM
BOR
USF&WS
Federal Designations (Congressional authorization would be required)
Alternative 3--National Geologic Trail--This alternative would call for Congress
to authorize the establishment of the Ice Age Floods National Geologic Trail. This trail
would be managed by a National Park Service Manager with additional support staff.
Assistance would come from a trail advisory board, an interagency technical
committee, and the nonprofit Ice Age Floods Institute.
a. Concept: Under this management alternative, Congress would authorize the
establishment of an Ice Age Floods National Geologic Trail. This trail would be
the first of its kind in the nation. The Ice Age Floods National Geologic Trail
would in essence be the national designation of the Floods Pathways tour route.
In some instances, non-motorized trails and water trails could link to certain
Floods features.
b. Management: The National Geologic Trail would be managed by a National Park
Manager and small support staff. The NPS would be responsible for overall trail
management and would coordinate interpretive and educational approaches to
telling the story of the Ice Age Floods along the Floods Pathways. NPS emphasis
would be on developing a coordinated interpretation, education, and resource
stewardship effort among public agencies and tribal governments having Floods
features on their lands. A comprehensive management plan would need to be
prepared to help provide guidance for future management and public use of the
trail.
Coordination would be sought among federal and state agencies, tribal, and local
governments having an interest in the Ice Age Floods. This assistance would be
formalized through the formation of an Interagency Technical Committee (IAC).
The IAC would be composed of individuals representing state, tribal, and federal
agencies; these individuals would have expertise in geology, interpretation,
education, tourism, resource management, or related fields. The IAC would be
expected to augment Trail staff expertise in a variety of areas.
H~ne~mcnt Alternatives
The Trail Manager and staff would be aided by an Advisory Board comprised of
representatives appointed from the various public land management agencies,
local, state, and tribal governments, and interested nonprofit organizations and
private citizens. Their focus would be to assist in the operation of the Geologic
Trail.
The Ice Age Floods Institute would play an important role in the operation and
development of a National Geologic Trail. Among other functions, the Institute
would seek supplemental private funding support for operation and development
of the trail. The Institute would also play a key role as an advocate for
educational programming, and would work to promote tourism and economic
opportunities along the Trail.
c. Intergovernmental Agreements: The National Park Service would enter into
written agreements with state, ~'ibal, and federal land managing agencies within
the Floods region. This agreement would articulate how each would participate
in the project and would provide a formal framework for coordination. The
agreement would define roles and responsibilities on matters related to education
and interpretation, resource management, visitor facility development and
operation, and scientific research. ?armership agreements could be formed with
local governments and private sector entities to aid in the management and
operation of the National Geologic Trail.
d. Landownership: It is recommended that the NPS not be given any authority by
Congress to acquire land or promulgate new regulations as part of its
management responsibilities for the National Geologic Trail. Local or state
governments and nonprofit organizations may acquire parcels of land from
willing private owners for improvements such as roadside pullouts and wayside
exhibits where public highway right-of-way proves inadequate.
e. Acquisition Costs: There could be minor costs for acquisition of land for
interpretive pullouts by local or state government entities.
Ice Age Floods Study oi: Alternatives
i'lana~erncnt Alternatives
Staff and Development Costs: Under this option, the National Park Service
would be expected to fund the operational cost of the Trail Manager and staff, as
well as routine otT~ce and travel expenses. However, the successful development,
maintenance, and operation of the Trail and associated facilities and programs
would require funding support from a variety of both public and private
resources. This support would include funding for such things as interpretive
highway or trailhead wayside exhibits, information kiosks, visitor centers and
contact facilities, trail brochures, and educational program media and
development.
Initial funding for developing trail facilities identified through the comprehensive
management planning process would be a joint responsibility of the NPS and
other partner agencies at the state and federal level. Private sector organizations
could provide support wherever appropriate. Potential funding sources such as
TEA-21 enhancement funds and private sector support leveraged through the Ice
Age Floods Institute could also be explored.
The federal share of costs estimated to implement this option is as follows:
· Estimated annual operating costs
(NPS staff and office support) ....................................... $§00,000
· Estimated capitol development costs
(phased over several years) ........................................... $8 to $12 million
8A
COUNCIL MEETING MINUTES
JULY 26, 2004
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0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF OREGON, JULY 26, 2004.
CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding.
0005 ROLL CALL.
Mayor Figley Present
Councilor Bjelland Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director
Tiwari, Deputy Police Chief Youmans, Public Works Manager Rohman, Community
Development Director Mulder, Recorder Tennant
OO34
ANNOUNCEMENTS.
A) Music in the Park: Library Park at 7:00 p.m.
July 27, 2004 - Chayag - Andean flues, pipes and guitar
August 3, 2004 - Roundhouse Bluegrass - band playing old £avorites
B) Woodburn Public Library Summer Reading Program:
July 29, 2004 - Program finale featuring Oregon Zoo "Zap" Team presenting live insects,
followed by face painting and sidewalk chalk art, and ending Ballet Infantil Folklorico de
Woodburn. This program performance will begin at 1:00 p.m..
C) La Fiesta Mexicana: 40th Annual event will be held August 6 - 8,. 2004 at Legion
Park. She informed the Council that a fire engine will be used to transport them along the
parade route.
D)Wait's Run will be held on August 14, 2004 at Centennial Park and participants can
register at the Aquatic Center.
E) Retirement Reception for Beverly Phillips, Children's Services Librarian, will be
held on Friday, July 30% 2:30 p.m - 4:30 p.m., in the City Hall Council Chambers.
F) 2Pt Annual National Night Out will be held on Tuesday, August 3, 2004.
G) Public Hearing will be held on Monday, August 9, 2004, 7:00 p.m., to consider the
Northwest Natural Gas franchise.
0269
PROCLAMATION: GEORGE ENRIQUEZ DAY, AUGUST 3~ 2004.
Mayor Figley stated that Postal workers do a good job throughout the year and, in this
case, she thought it would be appropriate to recognize a Post Office employee who will
be retiring after 28 years of service. George Em-iquez will be retiring on August 3, 2004
Page 1 - Council Meeting Minutes, July 26, 2004
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and he has not only provided excellent customer service over the years, but he has also
been recognized by the City's Human Rights Commission for his language skills and
ability to deal with customers from various cultural backgrounds. Mayor Figley read a
proclamation declaring August 3, 2004 as "George Enriquez Day" and encouraged the
public to express their appreciation to Mr. Endquez for a job well done.
Mr. Endquez was in attendance to accept the award.
0417
PROCLAMATION: NATIONAL NIGHT OUT.
Mayor Figley read the proclamation declaring August 3, 2004 as the 21st Annual National
Night Out within Woodburn and she encouraged residents to participate in this event
which gives the Police Department an opportunity to promote cooperative police-
community crime, drug, and violence prevention efforts. As in the past, she, along with
the Councilors, will be visiting neighborhoods participating in this event.
0527
Mayor Figley also wished Happy Birthday to long-time residents Mary Boyle and Margaret
Hastie (Jackson twins) who are celebrating their 90th birthday. She stated that Mary Boyle
is a former employee of the Woodbum School District and Margaret Hastie is a former
employee for the City.
0585
CHAMBER REPORT.
Alma Grivjalva, Chamber President, provided information on upcoming events:
1) Leadership Youth Program - a new class (Community 101 Program) will be offered to
educate youth in getting involved in community issues and, similar to last year's program,
they will form their own foundation, raise their own funds, and then give the money away
to non-profit organizations. This program will also give youth training about areas that they
can pursue in their career.
2) Chamber Forum will be held on August at the Woodburn Fire Station and it will include
lunch and a tour of the fire station. Mid-Valley Financial Services is the new sponsor for the
Chamber Forums.
3) Chamber Auction will be held on September 24, 2004.
0800
CONSENT AGENDA.
A) approve the Council regular and executive session minutes of July 12, 2004;
B) accept the Planning Commission minutes of July 8, 2004;
C) accept the claims for June 2004; and
D) accept the Aquatic Center Revenue Comparison report.
MCCALLUM/COX... adopt the consent agenda as presented. The motion passed
unanimously.
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0845 COUNCIL BILL NO. 2519 - ORDINANCE APPROVING CONDITIONAL USE
APPLICATION CASE FILE NO. 04-02 AFFECTING PROPERTY LOCATED AT
790 LAWSON AVENUE.
Council Bill 2519 was introduced by Councilor Sifuentez. Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council. On roll call
vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2519
duly passed with the emergency clause.
0932 COUNCIL BILL NO. 2520- ORDINANCE AMENDING ORDINANCE 2157 (SEWER
CHARGE ORDINANCE).
Councilor Sifuentez introduced Council Bill 2520. The two readings of the bill were read
by title only since there were no objections from the Council.
Councilor Cox stated that residential customers are not affected by this ordinance since the
rate increase applies to trucks disposing septage at the treatment plant.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2520 duly passed with the emergency clause.
0932 COUNCIL BILL NO. 2521 - RESOLUTION AUTHORIZING THE TRANSFER OF
OPERATING CONTINGENCY APPROPRIATIONS DURING FISCAL YEAR 2004-
05.
Councilor Sifuentez introduced Council Bill 2521. Recorder Tennant read the bill by title
only since there were no objections from the Council. On roll call vote for final passage, the
bill passed unanimously. Mayor Figley declared Council Bill 2521 duly passed.
1054 COUNCIL BILL NO. 2522 - RESOLUTION CALLING FOR A SPECIAL
ELECTION ON THE QUESTION OF CONTRACTING A GENERAL OBLIGATION
BONDED INDEBTEDNESS IN THE AMOUNT OF $7,066,000 TO CONSTRUCT,
EQUIP, AND FURNISH A CITY POLICE FACILITY~ CONSTRUCT PARKING
FACILITIES; REPAY AN INTERFUND LOAN USED TO PURCHASE PROPERTY
FOR THIS FACILITY; CONSTRUCT RELATED IMPROVEMENTS~ PAY ALL
COSTS INCIDENTAL THERETO~ AND PROVIDE ENVIRONMENTAL
UPGRADES TO AN EXISTING FIRING RANGE.
Councilor Sifuentez introduced Council Bill 2522. The bill was read by title only since there
were no objections from the Council.
Barbara Lucas, 214 E. Clackamas Circle, stated that she had questions regarding project
estimates included in the pre-design proposal which was presented to the Council at the last
regular meeting. First of all, she questioned the $980,000 for site work. The property
purchased is 9.11 acres of which 7 acres are buildable and, of that amount, the original
project estimate indicated that 5.5 acres would be developed and improved but the most
recent numbers show that 4.5 acres would be used for this purpose. She questioned as to
why there was a further reduction in the acreage to be used for this project.
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1516
Administrator Brown stated that over a period of time, the architect took a more detailed look
at the best placement of the facility on this site based on space requirements, location of these
various functions within the facility, and the topography thereby reducing down the acreage.
Mrs. Lucas stated that the original estimates called for 90 parking spaces but the most recent
estimate calls for 95 parking spaces and she questioned the need for the increased number
of spaces.
Administrator Brown stated that he was not sure as to why the spaces increased other than
there are a number of parking spaces required for a facility based on zoning, use of the
facility, and expected number of employees. These factors were taken into consideration in
determining the final number of parking spaces at the facility.
Mrs. Lucas stated that in previous memo to the Council, the Administrator stated that there
were no funds in the project estimate for the second access to the facility and funds for this
access would be obtained from other City sources. She questioned how many dollars are
available from other City sources.
Administrator Brown stated that he had advised the Council that the City has a reserve fund
called the Marion County Sinking Fund which has approximately $225,000 available. The
estimate for off-site work is $100,000 but it is dependent upon where the second access is
located and ultimate road design but it is hoped that the $200,000 fund balance is sufficient
to cover the off-site costs from the boundary of the property out to the connection of the
second access such as Commerce Way or Park Avenue. He reiterated that the estimates are
based on some work done by other individuals interested in developing the property prior to
the time the City pumhased the property.
Mrs. Lucas referred to a statement in the City Administrator's memo (page 37 of agenda
packet) that states that the bond measure would provide funds for construction of related
parking facilities. However, the Council Bill and ballot state that bond proceeds will be used
to construct parking facilities. She requested that the Council Bill be amended to read
..."construct related parking facilities.." so that it makes it very clear that bond monies are
to be used for the police facility.
Administrator Brown stated that the language in the Council Bill and ballot was reviewed
by staff and the City's bond counsel, however, it could be changed to insert the word
"related". In any event, it is clearly the staff's intention only to use the bond funds for this
facility.
Councilor McCallum stated that it was his understanding from Chief Russell that most of the
parking is secured parking and will not be made available to the public. The facility would
have a community room available for public use but there will be limited parking spaces
available to the public.
COXIMCCALLUM... insert the word "related" in the Council Bill so that the sentence
reads "...construct related parking facilities".., and this word be inserted in every place in the
Council Bill and ballot that contains that sentence.
Attorney Shields stated that the word would be inserted in the caption, the Whereas clause,
Section 1, and the ballot summary.
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COUNCIL MEETING MINUTES
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On roll call vote, the motion to amend the bill passed unanimously.
Mrs. Lucas questioned the rate per $1,000 this bond measure would cost a taxpayer since it
is not included in any of the documents presented to the Council as of this date nor is the
amount included in the ballot summary.
Administrator Brown stated that he has just received some preliminary numbers today and
would be passing the information on to the Political Action Committee for use in their
campaign materials.
Mrs. Lucas questioned as to why the rate per $1,000 would not be included in the ballot
summary since it was her understanding that this amount needed to be disclosed to the
voters.
Recorder Tennant stated that the ballot does not need to include the rate per $1,000 but it
does include language that, if approved, the measure would levy ad valorem taxes on
property. At this time, it has not been finalized on the length of the bond issue, interest rate,
or annual payment schedule which will effect the rate per $1,000 of assessed value.
Administrator Brown stated that staff will be preparing a ballot explanation which will be
printed in the Voters Pamphlet and information on the estimated rate per $1,000 will be
included in the explanation.
Mrs. Lucas has been working on gathering information regarding this project since March
and she is willing to work for passage of this measure provided that this project will only
benefit the police station and not the community center.
Mayor Figley stated that the property was purchased for the Police Facility because of its
location but the property has been looked at because of its proximity to a large community
wide park. The architect looked at the space and siting needs for the police facility taking
security measures into account. With the property located next to an existing park, there are
other potential uses for the unused portion of the land none of which are even on the drawing
board at this time. With the leftover land and underdeveloped area of Legion Park, a
community center could be placed or another facility such as an interpretive center for the
Ice-Age flood or expansion and upgrade of Legion Park could be accomplished. All ofthese
projects would require a payback to the police bond.for benefits derived from the original
improvements such as multiple access, driveway, or utility connections. No decision has
been made on where a community center is going to be located with most recent discussions
revolving around funding from sources other than a bond. Discussion about park upgrades
is in the future but the Council recognizes, because of the location and some available land
not being used by the police facility, that the unused land maybe utilized as park land. She
reiterated that, to the extent that may happen, the bond will be paid back for benefits derived
from the original improvement. The bond measure is for the specific purpose of building a
police facility. Any payback in the future will be either to pay the police department or to
reduce the outstanding bond depending upon what is being done and the legal mechanism
for the payback.
Mrs. Lucas also questioned if the payback would apply to benefit derived from the second
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access that is paid for from funds other than the bond issue.
The Mayor stated that payback would be applicable if the Park Department assumes any kind
of use for the letlover portion of the land.
Councilor Bjelland stated that he supported the Mayor's position in regards to the future
payback to the bond issue if any of the additional land is used for purposes other than police
purposes and the use of the land utilizes some of the benefits that were constructed by the
police bond.
Councilor McCallum also agreed with the Mayor's comments and reiterated that this bond
measure will provide funds only for a police facility.
Councilor Nichols stated that options were looked at for the use of this land and the police
facility is a number one priority with the location meeting the needs of the community.
Councilor Sifuentez also agreed with the statements made by the Mayor and her fellow
Councilors.
On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared
Council Bill 2522 duly passed as amended.
2768 RIGHT-OF-WAY AND EASEMENT ACCEPTANCE: SETTLEMIER AVENUE.
Staff recommended the acceptance of the right-of-way dedication and permanent utility
easement in the amount of $13,698 to facilitate the construction of the Highway
214/Settlemier Avenue intersection improvement project.
NICHOLS/LONERGAN... accept the right-of-way dedication and permanent utility
easement from Hammack's Markets, Inc.. The motion passed unanimously.
2805 PURCHASE AND SALES AGREEMENT FOR DOWNTOWN PARKING LOT
PROPERTY.
Staffrecommended that authorization be given to execute an agreement with the property
owners of a 2,500 square foot parcel of land located within the downtown parking lot
adjacent to Hayes Street in the amount of $30,000.00.
NICHOLS/MCCALLUM... authorize the City Administrator to execute a Purchase and
Sales Agreement and all other related documents needed to purchase County Assessor's
Parcel #51WI8AB2800. The motion passed unanimously.
2870 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS.
A) Planning Commission's Approval of Design Review 03-19 and Variance 04-02 (Long
Brothers): Approval of construction of an 8,610 sq. foot industrial storage building on
property located at 130 Birds Eye Avenue.
No action was taken by the Council to review the Commission's final order.
2896
CITY ADMINISTRATOR'S REPORT.
Administrator Brown stated that there will be an executive session scheduled for the next
regular meeting for the purpose of conducting the City Attorney's annual performance
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COUNCIL MEETING MINUTES
JULY 26, 2004
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evaluation. A copy of the job description and evaluation forms will be distributed to the
Council within the next few days so that the Council can complete their evaluations before
the next meeting.
2~996~.
MAYOR A_ND COUNCIL REPORTS.
Councilor Sifuentez questioned if some action could be taken to provide a safer pedestrian
crossing across Highway 214 from Park Avenue across to the Salud Medical Center.
City Administrator Brown stated that this issue has been brought up before ODOT in the past
but the traffic studies they have done indicate that the intersection does not meet their
warrant standards. He is, however, hopeful that the recent expansion of the Salud Medical
Clinic, along with the potential construction of a police facility, will generate a higher traffic
count in that area thereby meeting the warrant standard which would then allow for ODOT
consideration of the intersection for installation of a traffic light.
Councilor Sifuentez stated that she realizes staffhas been trying to get ODOT to make that
intersection safer, however, pedestrian safety is important and there is no designated
crosswalk or traffic light to give pedestrians a chance to cross the roadway.
Councilor Bjelland stated that it was his understanding that the traffic volume turning offof
Highway 214 at the intersection is the warrant that needs to be met. Pedestrian traffic can
be considered but there needs to be a way to count the pedestrian traffic.
Councilor Cox suggested that a flashing yellow light and a painted crosswalk be installed to
alert motorists of the pedestrian crossing.
Administrator Brown stated that an ODOT staff member had suggested the installation of
a median refuge similar to what is located at the high school, however, City staff does not
feel that the median is the best solution to this problem. Staffhas not discussed a flashing
light yet with ODOT nor a painted crosswalk but staff will proceed with discussing this with
ODOT. Over the years, City staff and Salud Medical Clinic has sought for a traffic light at
the intersection to create the safe situation for traffic and pedestrian travel.
Public Works Manager Rohman stated that there are 12 different warrants that ODOT looks
for and only one warrant needs to be met to determine if a signal is warranted at the
intersection. He has not looked at the details ofthe last study which was done in September
2003 but will review the data the next time he is in the Salem ODOT office.
Councilor McCallum suggested that a Council Resolution or letter of concern might be
forwarded to ODOT requesting that they look closely at this situation since pedestrian safety
is a major concern.
Administrator Brown stated that staff is also working with ODOT for additional funding to
construct a sidewalk on the north side of Highway 214 east from the high school to the Salud
Building. Extension of the sidewalk will alleviate some of the trips across the highway but
there will continue to be a need to have a crosswalk at the Park Avenue intersection.
Councilor Nichols questioned if the City had utilized college students in the past to sit on the
I-5 overpass with clickers to count traffic and, if so, was there a grant involved to accomplish
this task.
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4679
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COUNCIL MEETING MINUTES
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Director Tiwari stated that staffwill explore the possibility of getting local college students
to participate in a project that would count pedestrian and vehicular traffic at the Park
Avenue intersection.
Councilor McCallum requested an update on the Boones Ferry Road project.
Director Tiwari stated that the major portion of the project will be completed by the time
school starts with some landscaping and minor items to do after the first part of September.
The undergrounding project is taking longer than anticipated but PGE has indicated that they
are almost done.
Councilor McCallum stated that amajority of the Fire Station remodeling project is complete
and it is a very nice looking facility. He reminded the Council that the Chamber Forum will
be August 19th at the Fire Station and he encouraged the Councilors to attend the Forum and
tour the facility.
Councilor McCallum also stated that he had an opportunity to spend an evening with the
Police Department on a Ride-a-Long and witness a number of situations that the officers had
to respond to. He encouraged the public to close their garage doors before retiring for the
night in order to prevent the loss of their property during the night. The Police Officers will
either call the homeowner or knock on their door during the middle of the night to alert them
of the open garage door.
Mayor Figley thanked all of the volunteers and City staff who helped make the Bassett games
a success. She also stated that she is looking forward to the Fiesta parade and National Night
Out.
EXECUTIVE SESSION.
Mayor Figley entertained a motion to adjourn to executive session under the authority of
ORS 192.660(1)(f)and ORS 192.6600)(e).
NICHOLS/MCCALLUM...adjoum to executive session under the statutory authority cited
by the Mayor. The motion passed unanimously.
The Council adjourned to executive session at 8:14 pm and reconvened at 8:28 p.m..
Mayor Figley stated that no decisions were made by the Council while in executive session.
ADJOURNMENT.
NICHOLS/SIFUENTEZ... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 8:29 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Tennant, Recorder
City ofWoodbum, Oregon
Page 8 - Council Meeting Minutes, July 26, 2004
22
Executive Session
COUNCIL MEETING MINUTES
July 26, 2004
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF OREGON, JULY 26, 2004.
CONVENED, The Council met in executive session at 8:16 p.m. with Mayor Figley presiding.
ROLL CALL.
Mayor Figley Present
Councilor Bj elland Present
Councilor Cox Present
Councilor Lonergan Present
Councilor McCallum Present
Councilor Nichols Present
Councilor Sifuentez Present
Mayor Figley reminded the Councilors and staff that information discussed in executive session is not
to be discussed with the public.
StaffPresent: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, City
Recorder Tennant
Press: John Gervais, Woodbum Independent
The executive session was called under the following statutory authority:
1) to conduct deliberations with persons designated by the governing body to negotiate real property
transactions pursuant to ORS 192.660(1)(e); and
2) To consider records that are exempt by law fi.om public inspection pursuant to ORS 192.660(1)(0;
ADJOURNMENT.
The executive session adjourned at 8:27 p.m..
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Mary Termant, Recorder
City of Woodbum, Oregon
Page 1 - Executive Session, Council Meeting Minutes, July 26, 2004
23
M~NUTES
Woodburn Recreation and Parks Board
Tuesday, ,Tuly 13, 2004
7:00 pm
City Council Chambers
:~. Herb Mittmann, Chair, called the meeting to order at 7 pm.
o
Herb Mittmann introduced new board members; Cristal 5andoval and
Bruce Thomas.
8B
3. Herb Mittmann announced the resignation of Phil Lagao.
e
Roll Call
Members present: Herb Mittmann, Chair; Ann Meyer, Member, Cristal
Sandoval, Member, Bruce Thomas, Member
Member absent: Rosetta Wangerin, Vice-chair
Staff present: Randy Westrick, Director; Barbara Nugent, Recreation
Services Manager; Steve Newport, Facilities and Aquatics Manager;
Pnulette Zastoupil, A.A.
Approval of Minutes from Sune 15, 2004.
Motion to accept the minutes was made by Herb Mittmann and seconded
by Ann Meyer.
Business from the Audience: None
Mill Creek &~eenway Master Plan
5toff is now compiling information and getting re~dy to develop a public
awareness campaign.
e
Division Reports
Recreation and Leisure Services - Barbara Nugent
Barbara shared with the Board that Summer Camp was in Week 4 and
things were going well and the attendance numbers were increasing. The
children are enjoying the Friday field trips.
The planning of the next Recreation Reporter is in progress with an
August l" deadline. Some fun things are being planned that are new to
the community.
She explained the new sport of Disc Golf will be introduced to the
community on August 2g*h at Settlemier Park, Mayor's Cup Golf
24
Tournament is August 2l~st which is a huge fundraiser for the Teen
Scene and the upcoming Paws for Cause Fundraiser, October 23rd, in
which dog owners will have the opportunity to bring their dog to swim in
the aquatic center right before the pool is drained for the annual
maintenance. Randy shared that the 5th Annual Walt's Family Fun Run is
August ]ztth and invited the community to register and participate in the
§K Run/Walk or the ! mile jaunt, lie also stated that the run could
always use volunteer course monitors.
Aquatics - Steve Newport
Steve presented to the Board the Aquatic Center's Revenue Comparison
report, comparing years 2003 with 2004. The Board was pleased with
the increase in revenue with a cost recovery of 43.~t~[%. He is getting
classes set up for the next Recreation Reporter coming out in August.
Randy explained to the Board the expected attendance drop is because
of the weekly afternoon c~osure of the Aquatic Center.
Parks and Facilities - Randy Westrick
Hermanson Pond - Verbal Pond
Randy shared with the Board that a revised Division of 5tare Lands
Permit to start work in the pond. The next step will get a RFP out for
contractors to do the work. The Board asked questions about the
permit process and Randy explained how the process works and the
issues that DSL were concerned with. One issue was DSL wanted to
know where all the spoils from the pond were going to be put, and the
new application designated this. This put the project 2 months behind
schedule. At the next meeting, an RPF will be ready for the Board to
review. Randy announced that the Bassett Hound Olympics would be at
Legion Parks on Sunday, August 18th.
Parks and Recreation Comprehensive Plan Revisions
Randy shared with the Board that the 1999 Comprehensive Plan plans to
2020, but is lacking in areas. Bruce Thomas addressed that there isn't
mention of l~leighborhood Parks in the 1999 Plan. Three prima y things
that need updated are; population projection that would create a need
for more parkland, and revised 5DCs, which provide the funds to
acquire land, and proposed urban growth boundaries, which our
Neighborhood Parks would then be analyzed. Randy will be putting out
RFP's to update the plan possibly to year 2024. All the capital projects
come out of the Comprehensive Plan.
Recreation and Leisure Services Fee Policy - Barbara Nugent
I~arbara presented a Power Point presentation of the Recreation Fee
Structure concept in draft form.
Level 1 - Fee would have some amount of recovery cost
Level 2 - Fee would recover direct cost only
Level 3 - Fee would recover both direct and indirect costs
Barbara shared that she has researched Woodburn's and similar
communities demographics while considering the fee schedule. She
explained to the Board that fees should be considered for all programs
offered. She stated that we need to raise the level of expectations in
the community as to the fact that we are providing a service in which
there is a cost and they have the choice as to participate. Barbara
explained that the fee sometimes would not be of monetary value, but
simply a can of food and etc. Also, there is a need for scholarships to
be developed, as some families don't have the resources for extra
activities for the family.Cristal Sandoval stated the need to translate
all materials in Spanish.
lO. Future Board Business
· Town Hall Meeting - August 10, 2004
l:t. Board Comment
None.
Meeting was adjourned at 8:30 pm
26
WOODBURN PUBLIC LIBRARY 8C
MONTHLY REPORT FOR JUNE 2004
I. CIRCULATION
Current: 12,189
Adult: 7,995
Children: 4,194
Previous: 2003 12,526
2002 11,734
2001 13,306
In-House Use: 1,370
II. INTERLIBRARY LOAN
Books Loaned:l,129
CCRLS: 1,126
in-State Special: 0
All Other In-State: 3
Out-Of-State: 0
Books Borrowed: 945
CCRLS: 943
In-State Special: 1
All Other In-State: 10
Out-Of-State: 2
Ill.
REFERENCE
Woodburn Referrals Other Total
2004 572 3 521 1,096
2003 724 25 724 1,473
2002 777 57 1,212 2,046
2001 864 60 1,033 1,957
Database Usage:
May 784
June 378
(notalldatabasesincluded)
iV. COMPUTER USAGE
Adults: 2,416
Children: 941
Average per open hours: 10.24
Average per open hours: 3.99
LIBRARY SPONSORED PROGRAMS
Adults: 3 No. Attending: 58
Children: 23 No. Attending: 895
Vi. VOLUNTEER HOURS WORKED
184.25
VII. FINANCE
$2,303.04
VIII. HOLDINGS
77,638
New Adds For The Month of June: 538
IX. PATRON LOAN TYPES
17,460
Monthly Statistics: JUNE 2004 '3'7'
CITY OF WOODBURN
Community Development
8E
MEMORANDUM
270 Montgome~ Street Woodburn, Oregon 97071
(503) 982-5250
Date:
To:
From:
Subject:
August 2, 2004
Jim Mulder, Community Development Director
Building Division
Building Activity for July 2004
2002 2003 2004
Dollar Dollar Dollar
No. Amount No. Amount No. Amount
New Residence Value 11 $1,343,804 18 $2,328,526 7 $1,159,565
Multi Family 0 $0 0 $0 0 $0
Assisted Living Facilities0 $0 0 $0 0 $0
Residential Adds & Alts 2 $34,000 4 $87,323 8 $64,4~6
Industrial 0 $0 0 $0 0 $0
Commercial Value 11 $1,588,160 7 $1,033,851 18 $2,355,562
Signs, Fences, Driveways 5 $73,610 4 $21,000 5 $13,500
Manufactured Homes 1 $12,000 1 $30,000 7 $261,900
TOTALS 30 $3,052,230 34 $3,500,500 45 $3,855,010
Fiscal Year (July 1- $3,052,230 $3,500,500 $3,855,010
June 30) to Date
W(5ODBU ,N
8F
August 4, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
Assistant City Engineer ~
David
Torgeson,
For Information to the City Council
Storm Drain Easements in the Bryan Street Vicinity
RECOMMENDATION:
No action is required
BACKGROUND:
The Blaine/Bryan/McKinley Storm Drain Project is now virtually complete, except
for cleanup and patching. The new storm drains were recommended in the
Storm Drain Master Plan to provide capacity for ma]or storm events. (Flooding
occurred in the neighbor hood during the 1996 event.)
The pipes discharge into an open channel at Bryan Street about 150 feet south
of Lincoln Street. This channel continues west to a culvert that crosses beneath
Oatch Street, eventually discharging to the main stem of Mill Creek. Over time,
the channel has silted in, and now requires deepening and excavation to
provide the necessary waterway. The channel is an important waterway,
draining more than 90 acres of the city.
In this particular case, property owners have been notified by letter of the city's
intention to perform work in the channel. Because no easements for access or
maintenance have been found in the record, owners have also been informed
that public easements will be sought.
DISCUSSION:
Investigation of this watercourse, and others, has revealed the need for
establishing easement agreements for maintenance of major storm drain
facilities occupying private property. Staff will devote further attentian to these
matters, with the objective of establishing a clear and consistent maintenance
Agenda item Review: City Administratc~.~r~ City Attorney.~'~'-~ Financ~
32
Honorable Mayor and City Council
August 4, 2004
Page 2
program. Additional easements at other locations will
secured.
FINANCIAL IMPACT:
No present impact.
ATTACHMENT:
Sample of letter sent to properties west of Bryan Street.
be identified and
33
August 5, 2004
New storm drain pipe has been installed in Blaine, Bryan and McKinley Streets.
The pipes serve a basin greater than 90 acres in size, where flooding occurred
during a major storm in ~1996. The pipes discharge at a 4-foot diameter culvert
that crosses beneath Bryan, near the Lutheran church. The new pipe will solve
part of the problem. It will pass a 100 year storm. The channel below Bryan street
must be deepened to provide the same capacity, to eliminate any possibility of
backwater in residential neighborhoods to the east.
The new grade for the channel will be just more than two feet deeper, at the
Bryan culvert outlet. (The depth of cut becomes less further west.) Excavation of
the channel can best be accomplished dudng dry weather. We would like to
accomplish the channel grading yet this summer. Before construction, we intend
to perform a survey of the corridor, because we expect to design special means
for stabilizing the resulting sideslopes, and will need data from which to make a
plan.
We would like your consent for entry of your property by the surveyors - please
inform us of any precautions they should take. We will also need your permission
for the proposed construction occurring on your property. Because the ditch is an
important element in the city's storm drain system, public maintenance should be
provided. The customary means to accomplish these arrangements is by grant of
easement. (We find that no easements currently exist in this corridor.) We will
prepare easement documents for your review and execution after performing our
survey. Only then will we know widths and other conditions that should be set
forth in a Storm Drain Easement.
In order to be certain that this information has reached you, will you please return
the enclosed form in the envelope provided? Please call me if you have
questions.
Sincerely,
Assistant City Engineer
David N. Torgeson, P.E.
I (We) have received notice from City of Woodburn, Department of Public Works
of their intention to excavate and grade the drainage channel situated on my
(our) property.
I (We) hereby consent to entry upon my (our) property by surveyors employed by
the City, for the purpose of obtaining data for construction design.
I (We) anticipate that access for equipment and construction may cause damage
to certain features, including
(fences, trees, etc.).
I (we) expect that the City will prepare documents by which I (we) may grant a
Public Storm Drain Easement, which will include provisions for access for
construction, maintenance responsibilities, restoration of damaged or disturbed
property, and other matters deemed necessary by the parties.
I (We) have the following comments or questions:
Signed,
Return to City of Woodburn, Department of Public Works, 190 Garfield Street
35
IOA
August 9, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City AdministratoT~'''-~'~'
Public Hearing - Northwest Natural Franchise
RECO_MMENDATION:
Continue the public hearing regarding Nodhwest Natural Gas Company's
franchise agreement until the Council's regular meeting of September 13, 2004.
BACKGROUND AND DISCUSSION:
A public hearing was scheduled for August 9, 2004 to discuss renewing
Northwest Natural Gas Campany's franchise agreement. As franchise
negotiations are still underway with Northwest Natural, it is recommended that
your Council continue the public hearing on this matter until your regular
meeting of September 13, 2004. Northwest Natural has agreed to the extension,
and it appears, based on discussians with Northwest Natural representatives,
that the extension will provide ample time to complete negotiations.
Northwest Natural's current franchise is set to expire August 22, 2004. To provide
adequate time ta complete negatiations, and conduct the referenced public
hearing, an ordinance which extends the existing franchise until September 15,
2004, will be presented for yaur consideration as an item of general business on
your agenda far August 9, 2004.
Agenda Item Review:
City Administrat~it~/Attorney __
Financ~
36
11A
August 9, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council through City Administrator
Matt Smith, Management Analyst II
2004-05 Master Fee Schedule Update
~NDATION:
It is recommended that the City Council approve the attached
ordinance adopting the 2004-05 Master Fee Schedule.
Council adopted the first annual Master Fee Schedule in September 1998,
and provided for the annual review and revision of the Schedule within the
adopted ordinance. The Schedule has not been amended since the last major
revision was adopted in October 2003.
The attached ordinance and proposed 2004-05 Master Fee Schedule are
presented to the Council for consideration a few months early this year based
on Budget Committee recommendations made during the 2004-05 budget
process.
Budget policies include the provision that, to the extent possible, the City
will charge user fees to the direct beneficiaries of City services to recover the full
cost of providing those services. The provision was given particular emphasis
during the FY 2004-05 budget development process, where the Budget
Cammittee (and City Council) approved proposals for fee increases for both the
Community Development and Recreation and Parks depadments.
DISCUSSION:
The criteria for establishing the cost of a municipal service are elaborate.
They include all personnel costs associated with the service (i.e., salaries and
benefits), operating expenses, equipment costs, and all applicable indirect
costs (e.g., building and equipment maintenance). The Finance Director
Agenda Item Review: City Administrator__
City Attorney __ Finance __
37
Honorable Mayor and City Council
August 9, 2004
Page 2
developed a detailed worksheet to calculate this cost, and that worksheet has
been continually refined during the ensuing years.
Having determined an actual cost of each sewice, and the current rate
of recovery, the Cauncil may now determine what the rate of recovery should
be. Rates for many fees were adjusted in previous years to a 100% recovery
rate, while others were set at less than 100% recovery. Full cost recovery is the
desirable result of this exercise, but many fees represent charges for activities
that the City would like to encourage (e.g., strong recreation programs and
protecting the integrity of the water delivery system). By not charging 100%
recovery, Council is choosing to subsidize the activity.
In the Master Fee Schedule, staff has identified the current fee (column 2);
measured and adjusted the cost of service to reflect inflationary and
operational changes, or improvements made to the formula used to determine
cost of service based on experience (column 3); compared that cost with the
current fee (column 4); and recommended what it believes is a reasonable rate
of recovery (column 5) with a corresponding proposed new fee (column 6).
A new column was added last year (column 7) to highlight changes in
fees. The final column (column 8) reflects additional information about a fee,
such as sub-fees, units of measurement, etc.
Estimated costs of service are rounded to the nearest dollar.
Recommended fees greater than ten dollars are rounded to the nearest dollar.
Fees with a cost recovery greater than 100% reflect one of the following
purposes: an effort to participate in commercial user's profits by setting fees at a
market rate, in the case of multiple fees in the Commercial Facilities Rental and
Adult Soccer sections for Recreation and Parks and in the Library; to discourage
payees from writing bad checks, in the case of the Non-Sufficient Funds (NSF)
Check fee in Finance; and to set rates based on market rates for an exclusive
service, in the case of the Pool Rental fees.
NOTAB.LE CHANGES:
Community Development. Planning Division fees are adjusted
significantly for 2004-05 to reflect updates to the estimated time necessary to
complete tasks associated with each fee, based on increasing experience
administering the Woodburn Development Ordinance and on anticipated costs
38
Honorable Mayor and City Council
August 9, 2004
Page 3
of administering the City's new Sign Code. The Budget Committee
recommended this update in concept during the 2004-05 budget process.
The Building Division fees are based on industry-standard fees set by the
International One and Two Family Dwelling Code for residential building fees,
the Uniform Building Code for commercial structural fees, and on the average
fee level of six local jurisdictions of similar size and Marion County for mechanical
fees. All Building fees remain unchanged for 2004-05 to maintain consistency
with the standards detailed above, with the exception of the fees charged
based solely on the program's hourly rate, which are increased incrementally to
reflect current costs of service.
Finance. Finance fees are increased incrementally to reflect current costs
of service.
Library. One Library fee-the room monitor feo is increased to reflect the
current cost of service. The remaining fees are unchanged, reflecting Library
management's intent to remain consistent with other libraries in the CCRLS
district.
Police. Police fees are adjusted incrementally to reflect current costs of
service.
Public Works. The majority the Public Works fees remain unchanged for
2004-05, reflecting Public Works efforts to protect the integrity of the water,
street, and sewer infrastructure. The only fee that changes is the Street
Vacation Request, which has been set to recover 100% of the cost of service,
and is adjusted incrementally to reflect current costs of service.
Recreation and Parks. Pool fees were last increased in March 2003 to
improve the balance between the desire to generate the greatest use of the
facility and the program's cost recovery goal of 50% percent. Attendance has
seen a minor reduction since then. During the same period, however, revenues
increased in excess of prior years' collections, bringing the Pool closer to their
cost recovery goal. The current revision increases fees, primarily in admissions.
increases are consistent with Budget Committee recommendations.
A small number of Recreation program fees are also increased for 2004-05.
Summer Day Camp fees are increased fo improve cost recovery, and to
accoun.t for a longer summer season. The Youth Tackle Football program and
the Youth Summer Sports Camp fees are also increased to recover rising
Honorable Mayor and City Council
August 9, 2004
Page 4
·
equipment cedification costs. The Adult Softball Team Management fee is
increased to recover costs associated with running more games per night, from
two to three, and for additional costs associated with officials for the games.
Based on comments by Council during the last Schedule review, the disparities
between facilities use fees for softball/baseball and for soccer have been
eliminated for civic use. There remains a greater cost of service for soccer
facilities use for supplies and materials, and as such, the difference in cost
between soccer and softball/baseball fees has been narrowed in the proposed
Schedule; the fees for soccer remain higher in the Private and Commercial
classifications.
A number of new programs offered by the Recreation program are
incorporated into the fee Schedule this year, including One Day Specials for
Children, Special Events for Children, Environmental Education Programs, Adult
Activity Classes, Adult One Day Specials, Wellness Classes, Preschool Programs,
Children's Programs, Teen Programs, Adult Trips, and Senior Trips.
The increase in fees and charges resulting from the recommended
schedule is estimated at $80,000 for 2004-05.
40
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR
CITY SERVICES ADOPTED IN 2003, ADOPTING THE 2004-05 REVISED SCHEDULE
OF FEES AND CHARGES FOR CITY SERVICES; PROVIDING FOR THE ANNUAL
REVIEW OF SAID FEE SCHEDULE AND DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn has conducted an extensive and exhaustive analysis
of its services, the costs reasonable borne of providing those services, the beneficiaries of those
services, and the revenues produced by those paying fees and charges for special services; and
WHEREAS, the City wishes to comply with both the letter and the spirit of the Oregon
Constitution, applicable state statutes, and limit the growth of taxes; and
WHEREAS, the City desires to establish a policy of recovering the full costs reasonably
borne of providing services of a voluntary and limited nature, such that general taxes are not
diverted from general services of a broad nature and thereby utilized to subsidize unfairly and
inequitable such special services; and
WHEREAS, a schedule of fees and charges to be paid by those requesting such special
services needs to be adopted so that the City might carry into effect its policies; and
WHEREAS, it is the intention of the City Council to develop a revised schedule of fees
and charges based on the City's budgeted and projected costs reasonably borne and to review the
schedule on an annual basis, NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Repeal. The 2003-04 Master Fee Schedule adopted on October 27, 2003 as
Ordinance 2346 is hereby repealed. All fees and charges which are inconsistent with this
Ordinance are hereby repealed.
Section 2. Fee Schedule Adoption. The City hereby adopts the 2004-05 Master Fee
Schedule affixed hereto as Attachment "A" listing applicable fees and charges which shall be
charged and collected for those services enumerated.
Section 3. Sl~parate Fee For Additional Process. Ail fees set by this Ordinance are for
each identified process; additional fees shall be required for each additional process or service
that is requested or required. Where fees are indicated on a per unit of measurement basis, the
fee is for each identified unit or portion thereof within the indicated ranges of such units.
Page 1 - COUNCIL BILL NO.
ORDINANCE NO.
41
Section 4. Review. It is the intention of the City Council to review the fees and charges
adopted by this Ordinance on an annual basis based on the City's next annual budget and all the
City's costs reasonably borne as established at the fmc and, if warranted, to revise such fees and
charges based thereon.
Section 5. F~II~. This ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by the Mayor.
Approved as to form:
City Attorney
Date
APPROVED:
KATHY FIGLEY, 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 2 - COUNCIL BILL NO.
ORDINANCE NO.
[Annexations
Zon~ Map ~endment
COmprehensive Plan Amendment
Conditional Use
!Zoning Adjustment_
{~p~a[ of Lan~ use Acm to c~ c~nca
i.,,,ppe~ of L~nd Use Acbon to City C~?~C, (Type)
IPartition
--Preliminary Approval
--Final Plat Approval
Lot-Line A~ justments & Consolidation of Lots
Subdivision 4_lots or ~.0.r_e_)
, --Final P_la~t _Approval
P.U.D. (4 lots or more)
--Preliminay Plat
~ a~t_e. _P~an~ _Rev~w (based on square
--under 1,000 sq. ft.
-25,000 sq. ff. - 99,999 sq_.~:_
--100,000 sq. ft. - 199,9S9
S_i~n Ord!nan _c~_ compliance Pen~nit
--under 20 sq, ft.
, -51-100 sq. ft
, --100+ sq. ft.
Exception to sb'eet ROW end Improvement Requkements
!F(~ !~t_ei'pretation of the WDO
i Manufactured Park
I- Zpr~ ~ ~ Approval
i --Final Plan Approval
i! Plan
iResidential Architectural Standards Substitution
[Telecommunlca~ons Fac~y Speci~ Cond~ LI~
!Tree Removal Permit
Fo~l pre- .Application conference
l ln~retation of Uses
!interpretation of zoning District Boundaries
$1,21C
$2,611
~,212
$967
$485
$644
$2,233
$3,233
$282
$1,051
$317
100% $2,951 197[
100%[
100% $3,415
100%
100% $42[
lOO%1
100% $2.31
100% $3,6~1
100%
100% $1,441
100%
100%! ~31~
~,~ $1,~7
~15,~ ~ ~.o78~
~ ~ $16:~
$17
S~o
10~,!
100% $417
100%[ $1,1591 $108[
lOO%i
100% $1,757
100% $156 $31
100% $117 $21
100% ~easure 5 ~
100% $2.,021 Measure 56 noUce costs, if a
100% $102
100~ $.317 ~5,9 ::
loo~T $488
ih s do not include
iBASE FEE
Fo[~-~'r _>! 00~.00 B:i'U
:,Forced Air < 100.00 BTU
[Co~pressor 3hp / 100,000 BTU Boiler
!Compressor 15hp / 500,000 BTU Boiler
IC~pressor 30hp / 1, 000 BTU Boiler
Compressor 50bp / 1 750 000 BTU Boiler
[C~p[es~_~[o_ver 5Ohp / 1,750,000 BTU BO
iAir Ha~.Pn~g__Unitj~)A,0~O~ CFM. _
Unit over 10,000 CFM
Domestic Hood
~Domestic Incinerator
ICommercial Incinerator
[~st'~&-D~'Ct/D~' Vent
!Wood Stove Gas Decorative/
/~Op?ance Vent Not Included
1-4 Outlets
IAdditional Gas Outlets
~r Water Heater
~t U ndessified
lSmoke Detector/Shut Down
[R.E_S~[~IE~ _~.~eas~net include 7%
ITotel Valuation**
--$501.00 to $2,000.00
--$2,001.00 to $25,000.00
$14
--$25,001.00 to $50,000.00
--$50,001.00 to $100,000.00
--$100.000 and up
Jail fees do not
Total Valuation**
--'-si:od t~-$50o.oo
;_2-$50~1:00 to $2,000.0o ................... T $10.0(
~ --$25,001.00 to $50,000.00 $170.5(
--$50,001 O0 to $100,000.00 $283.0(
......................... ~i33To(
~--:S~ oo ooo and ~up
IOTHER ..................
n/a
n/al
r~a
n/a
SOl
n/a $o ....
n/a $0
$o
n/a $0
n/a
n/a
n/a $oi '~
n/a ___
n/a
n/a
./aF- ---- so
n/a
n/a $o
n/ai
n~a- $13.oo $o! . ~-~
rdai $13.00 $0 ~,0oo . · ·
n/a $42.25 $0i$25,0~0 ..... to and~
n/a $221.65
n/a $367.9~ $Oi~ud~g $~ ~o,OeO
n/a $562.~(~ ---~$O~for the Fast $!~'~.nn~; plus $3'25 f°~ each addi~onal $t O00.{x3 °r trac~°n thereof
___.~_~. ? n/a $~o.oc
~a n/a $170.5(; $Oi~clud~g $50,000 .
~ n(_a~__ n/a n/a $283.o( So~s~oo,ooo
--- pAG~ 3
i lnspactions for ~nich no fee s _~cal~ indicated
?lan Rewew (Mechamcal)
I .
i Plan Rewew (Structural)
i lnvestigations Fee
{Copy Fees (documents)
Icopy _Fees (tape~)
~Public Dance P. er_mi~
Lien Search Fees (per rE
NSF Check Fee .
second time
--avoidance payment
ICopy of the Budj~_t
i [:iguor~./_License
--new (all ~s)
~ ::~g~-in qwnership
~in lacation
--renewal (all t
-: _l~_p~)?:a~ r y/sp~ cial ev~en~icl_uor license
i Seund Amplification Permit
-.new
::rehewal
Mats~als
Key Rinc,:,:J Cards and Replacement Cards
=Charge for Interlibrary Loan (ILLs)
iLost Books and Materials
iPrin_ting~ ~Computer
Ca?egi_e R~ Use
~Multi-P~u ~.. e Room Use
iRoom Use Monitor Fee
100%~
100% 100~
99%
lO0%i
n/ai
98%
-- ; in the event of a denial
s in tl~ event of a denial
costs in the event of a denial
--s in the event of a denial
74%i
return post
4% Iildi~
~stsblished b~_C_~C_R~L. _S)_
$0 feee average $3_ ..........
104% $16~
92% 100% $19i $2 use fee (fee fo~ 9~r. oups chaunting admission o~n~
................................. pAG~ ~
20o4-o~ tvtAS~r~ lU~ SC, HEDUXm
64%
~ ~,~' for non-residents outside ~ CCRL._S ~_yst_m~__b?U_,nd~a[ie~s~ .......... :
'~[ Sb!for non-res~lems Ln~u~= =.~ ,~C ,-
Polk:e/Traffic Accident Reporls
Records Corn uter Scans
IArchived Records Retrieval
~statutory Vehicle ImPoundment
FingerPrinting (for the School District)
Police InvesUgaUons _
' NO Sance Aba/tement Fe~
--first hour
--each additional hour or fraction thereof
vegetet O~ ,~batement Fees
--first hour
~ -:each additional hour or fractio
~: -:$25,ooo - stoo,o0o
-:Over $100!000
iwesp Hol_es
::first-
::~ch eddifiona!
iSewer TaP
--3/4" line ~nd 5/8" n'~er
::i' line and meter
--1-,1/2" line and n'~_ ter
:-2" li~ meter
meter
e fo
~ --turn on/off
Curb CUts
!Approaches
T&E
iPaper Copies
--plotted drawings & maps (24" x 36")
--plotted drawing~ & maps (36' x 44')
Restored:
100% $0 fee~ ....... ~ ....... ise~$~2, rged
--~s $49/hl. charged to the ne~ 1/4 h~xJr wwn.
100%
100% ~_~r ~[~per hour
' ~firs{'hour of~r~u~ce obat_e~pt
100%;~ contract~ costsj _ _$~_~
i t hour of obnoxious ve~ete~ti0n _~ ~_e._nt
100%~.
93%
not less
4% OVer $5,000
3~ over $25,000
91% $0
91% ~
': coot der. by icnsts based °n aclcal cnst °t installa~°n ~°r lab°~ and materisis' plus 15% °f
~r administrative and ovmhead
id~arges a~e based on actual coot or rel~a[~"
~ hours are~ 8am
SO'for other reasons other than non.paym~t-(~x-d~de~e~m~rgency such as
foot
uation on bu idin rmit
$0
32%~
2oo4.oslvinS's-~Sc-r~n~
~D~[lital Da~ t-'
I-::;N~toCad maps ~
[' -:GIS rn,~p~ s_ .... ~..
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! --1-1/2#
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(Ordinance #1965)
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to test the
Admissions
--infant (O:~ ~pa~l adult)
::child (3-12)
--~du~
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::child (3:~ 2)
! -:~outh (!3-t8)
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i Membe~s~ps (3 ~)
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n/a
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n/a!
n/a
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2004-05 ~
sot
sheet
~ dotermleed b' r Division
$15i
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..honored Citizens (55+ and disabled)
Memberships (annual)
i *:infant-(0:2 with paid adult
--child (3-12)
-:youth (13-1S)
i --adult (19-54)
honored Citizens (55+ and disable,)
--household
=ool Rentals
~;:1~50 Swimmers/hour
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I Lessons
Semi. private Swimming Lessons
$150
$35
$0
$65
$78
$65
$~25 $1
41%
23%
52%
,[
n/a
87%
25%
67%[
56%
;15
~t member ighsst fee, 2nd ~ber-5O% of 2nd
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;hours
ssssion-8 lessons in 4 wee~
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r30
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33% $o.5o
58%!
45%
26%~
30%~ $65
37% $15 ........
84% $~
50%i
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60%~
47% $300 $50[ .... w ~ --;.;~_..-..;~.~r-;n~ ~f~i~d highsst fee,
so,
lo8~ 108%
2004-05 ~ FF~ SC~L~U~
--51-100 swimmers/hour
. ~ $225
"101-150 swimmers/ho~ur ~
-151-200 ~wiminers/hour ~
iLJfeguard Traini~~ i $135
ws~ ~ $16c
Lifeguard Tralnin~ _
Swimming~ Lessons
iAduit Swimming Lessons~
I Pilvate'SWi[~m!n~ ~-~s~O _ns
isemi_Priv~te Swimming Lessons (per pair)
Dance Instr u_~_C_, _las_aq_ _~
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--four classes/ses~!9n
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i_A~_ar_s0hpo! CI~b . _
$100
$150
$45
$96
$125
$16
$6
$12
$35
$100
64%
57%
73%
97%
97%
$25
; hours
75% $135 I hours
$160
33%[ lessons in 4 weekS. ................ '~
' $0! 15+-sessmn-8 lessons in 4 weeks
64% ,~ 4 idssons-per 30 minutes .... ~. ' ..... :
70~ s~i50 ~---~T~i-~ 4~-~:pe~r-3°yn~ute;': 2~rsons simiar a~_abil~Y .....
71%
71%
72% $122
87%
87% $30
91% $25
73%
64%: $6:
75% $75
7'/%1 $6
98%
97% [ $1,5O0 $0~
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n/a
n/a
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44%1
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41%
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74%
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$2
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$7 '- $0
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$o ................ -
$10(
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Park Facilities
--Lemon-park Picnic
9' .... $50
~ --S~ttlem~el: Park picnic ......... T -,~'~
i -:B~r ing(ha~' ~ Pi~iC
res Park Picn c
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iDeposits (per adult rental!
=er~
; Additional Days_
i OR Per Event Per Attraction F~
95%
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142%
100%
67%
67%
$o~
$0
$0
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3004-05
pAGE 9
11B
August 9, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator~
Northwest Natural Gas Company Franchise Extension
It is recommended the City Council adopt the attached ordinance amending
Ordinance No. 2133, the Northwest Natural Gas Company Franchise, to extend
said ordinance until September 15, 2004.
BACKGROUND:
Franchise agreements are required of utility providers who use city rights-of-way.
The city has franchise agreements with providers of electric, telephone, cable
television, and natural gas.
The Northwest Natural Gas Company (Northwest Natural) franchise was
approved in 1994, and is effective through August 22, 2004. Ordinance 2133
(Attachment 1) defines the relationship between Northwest Natural and the City
related to the company's operation within city rights of way and for franchise
and privilege tax payments. Northwest Natural has a non-exclusive right to use
City rights-of-way to deliver natural gas to Woodburn customers. Northwest
Natural is required to coordinate and receive city approval before excavating
or working in the rights-of-way, and must relocate its facilities if requested. The
agreement also dictates restoration of disturbed rights-of-way. Northwest
Natural is required to pay franchise fees equal to three (3) percent of its gross
revenues collected in the franchise area and is subject fo privilege fax charges.
Privilege tax charges amount fo an additional two (2) percent of the company's
gross revenues collected in the franchise area.
Agenda item Review:
City Administrator __ City Attorney __
Financ~
52
Honorable Mayor and City Council
August 9, 2004
Page 2
DISCUSSION:
Northwest Natural's franchise agreement expires on August 22, 2004. A renewal
agreement is being negotiated between Northwest Natural and City staffs.
Although it is unlikely the successor agreement will differ significantly from the
existing franchise, agreement has not been reached on the document to be
recommended to your Council. To avoid disruption that might result if the
franchise agreement expires prior to the approval of a successor agreement,
and to provide adequate time to complete negotiations, it is recommended
that the City Council approve an extension of the existing franchise. It is
recommended that the agreement be extended until September 15, 2004,
which should provide ample time to complete negotiations and to conduct a
public hearing on September 13, 2004.
An ordinance which extends the existing franchise until September 15, 2004, is
attached for your consideration and approval. This agreement has been
reviewed by, and is acceptable to, Northwest Natural.
FINANCIAL IMPACT:
Extension of the existing franchise will preserve the City's rights to collect both
franchise fees and privilege taxes from Northwest Natural during the extension
period.
53
COUNCIL BILL NO.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 2133, THE NORTHWEST NATURAL
GAS COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE UNTIL SEPTEMBER 15,
2004 AND DECLARING AN EMERGENCY.
WHEREAS, Ordinance No. 2133 grants a franchise to the Northwest Natural
Gas Company to operate a gas utility system within the corporate limits of the
City of Woodburn; and
WHEREAS, according to the terms of this ordinance this franchise expires
on August 22, 2004; and
WHEREAS, negotiations between the City and Northwest Natural Gas
Company are ongoing and a renewal of the franchise is anticipated in the near
future; and
WHEREAS, it has become necessary fo extend the terms of the franchise
until September 15, 2004 so that negotiations can be completed; and
WHEREAS, under Oregon state law and pursuant to Ordinance No. 2145,
the City also has imposed a two percent privilege tax on the gross revenues of
Northwest Natural Gas Company; and
WHEREAS, pursuant to applicable law, the privilege tax will continue to be
collected by the City in addition fo the franchise fee; and
WHEREAS, Northwest Natural Gas Company has consented to the
extension of the franchise under Ordinance No. 2133 and it is in the best interest
of the City to amend said ordinance to allow for said extension; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Council finds that Northwest Natural Gas Company has
consented to this amendment.
Section 2. The terms and conditions of Ordinance No. 2133 are
readopted subject to Section 3 below.
Page 1 - Council Bill No.
Ordinance No.
Section 3. Section 4 of Ordinance No. 2133 is amended to read as follows:
Section 4. Duration. This franchise shall expire on
September 15, 2004.
Section 4. This ordinance being necessary for the immediate preservation
for the public peace, health, and safety, an emergency is declared to exist and
this ordinance shall take effect immediately upon passage and approval by the
Mayor.
Approved as to form:
City Attorney
Approved:
Date
Kathryn Figley, 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 2- Council Bill No.
Ordinance No.
Page ,, I of
COUNCIL BILL NO. 1578
ORDINANCE NO. 2].33
AN ORDINANCE GRANTING A NON-EXCLUSIVE GAS UTILITY FRANCHISE TO
NORTHWEST NATURAL GAS COMPANY, FIXING TERMS, CONDITIONS AND
COMPENSATION THEREUNDER, REPEALING ORDINANCE NO. 1442 AND DECLARING
AN EMERGENCY.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1:
(1)
Definitions and Explanations.
As used in this ordinance.
(a) "Bridge" includes a structure erected within the City to facilitate the
crossing of a river, stream, ditch, ravine or other place, but does not
include a culvert.
(b) "City" means the CITY OF WOODBURN and the area within its
boundaries, including its boundaries as extended in the future.
(c) "Council" means the legislative body of the City.
(d) "Grantee" means the corporation referred to in Section 2 of this
ordinance.
(e) "Gas mains" includes all gas transmission and distribution facilities
located on or under any street, bridge or public place within the City.
(f) "Person" includes an individual, corporation, association, firm,
partnership and joint stock company.
(g) "Public place" includes any city-owned park, place or grounds within
the City that is open to the public but does not include a street or
bridge.
(h) "Street" includes a street, alley, avenue, road, boulevard, thoroughfare
or public highway within the City, but does not include a bridge.
Page 1
Council Bill No. 1578
Ordinance No. 2133
(2)
(3)
ATTACHMENT?~....~
Page ~ of "~
As used in this ordinance, the singular number may include the plural and the plural
number may include the singular.
Unless otherwise specified in this ordinance, any action authorized or
required to be taken by the City may be taken by the Council or by an official
or agent designated by the Council.
Section 2: Rights Granted.
Subject to the conditions and reservations contained in this ordinance, the City hereby
grants to NORTHWEST NATURAL GAS COMPANY, a corporation, the right, privilege and
franchise to:
(1) Construct, maintain and operate a gas utility system within the City.
(2)
Install, maintain and operate on and under the streets and bridges and public
places of the City, facilities for the transmission and distribution of gas to the
City and its inhabitants and to other customers and territory beyond the limits
of the City; and
(3) Transmit, distribute and sell gas.
Section 3: Use of Bridges and Public Places by Grantee.
(1)
Before the Grantee may use or occupy any bridge or public place, the
Grantee shall first obtain permission from the City to do so and shall comply
with any special conditions the City desires to impose on such use or
occupation.
(2)
The compensation paid by the Grantee for this franchise includes
compensation for the use of bridges and public places located within the City
as authorized.
Section 4. Duration.
This franchise is granted for a period of ten (10) years from and after the effective date of
this ordinance.
Section 5. Franchise Not Exclusive. '
This franchise is not exclusive, and shall not be construed as a limitation on the City in:
Page 2 Council Bill No. 1578
Ordinance No. 2133
(2)
ATTACHMENT I
Page '~ of °t
Granting rights, privileges and authority to other persons similar to or
different from those granted by this ordinance.
Constructing, installing, maintaining or operating any City-owned public
utility.
Section 6. Public Works and Improvements Not Affected by Franchise.
The City reserves the right to:
Construct, install, maintain and operate any public improvement, work or
facility;
(2)
Do any work that the City may find desirable on, over or under any street,
bridge or public place.
(3) Vacate, alter or close any street, bridge or public place.
(4)
Whenever the City shall excavate or perform any work in any of the present
and future streets, alleys and public places of the City, or shall contract, or
issue permits, for such excavation or work where such excavation or work
may disturb Grantee's gas mains, pipes and appurtenances, the City shall,
in writing, notify Grantee sufficiently in advance of such contemplated
excavation or work to enable Grantee to take such measures as may be
deemed necessary to protect such gas mains, pipes and appurtenances
from damage and possible inconvenience or injury to the public. In any such
case, the Grantee, upon request, shall furnish maps or drawings to the City
or contractor, as the case may be, showing the approximate location of all
its structures in the area involved in such proposed excavation or other work.
(5)
Whenever the City shall vacate any street or public place for the convenience
or benefit of any person or governmental agency and instrumentality other
than the City, Grantee's rights shall be preserved as to any of its facilities
then existing in such street or public place.
Section 7: Continuous Service.
The Grantee shall maintain and operate an adequate system for the distribution of gas in
the City. The Grantee shall use due diligence to maintain continuous and uninterrupted 24-
hour a day service which shall at all times conform at least to the standards common in the
business and to the standards adopted by state authorities and to standards of the City
which are not in conflict with those adopted by the state authorities. Under no
circumstances shall the Grantee be liable for an interruption or failure of service caused by
Page 3 Council Bill No. 3.578
Ordinance No. 2133
58
ATTACHMENT [
Page u, of c~
act of God, unavoidable accident or other circumstances beyond the control of the Grantee
through no fault of its own.
Section 8: SafeW Standards and Work Specifications.
The facilities of the Grantee shall at all times be maintained in a safe,
substantial and workmanlike manner.
(2)
For the purpose of carrying out the provisions of this section, the City may
provide such specifications relating thereto as may be necessary or
convenient for public safety or the orderly development of the City. The City
may amend and add to such specifications from time to time.
Section 9: Control of Construction.
The Grantee shall file with the City maps showing the location of any construction,
extension or relocation of its gas mains in the streets of the City and shall obtain from the
City approval of the location and plans prior to commencement of the work. All work done
within the corporate limits of the City shall be done in the location approved by the City
Engineer and in accordance with plans and specifications approved by the City Engineer.
The City Engineer's approval of the plans and specifications may include conditions and
the conditions shall be binding on the Grantee. Such construction work shall be done in
a safe manner subject to the approval of the City Engineer and in accordance with
requirements of applicable Federal and State laws and City ordinances. All work done shall
be subject to the rejection or correction requirements of the City Engineer and subject to
the City Engineer's approval. The City may require the Grantee to obtain a permit before
commencing the construction, extension or relocation of any of its gas mains.
Section 10: Street Excavations and Restorations.
Subject to the provisions of this ordinance and under direction of the City
Engineer, the Grantee or its subcontractor may make necessary excavations
for the purpose of constructing, installing, maintaining and operating its
facilities. In all circumstances pertinent to this agreement, any action by the
Grantee's subcontractors shall be the responsibility of the Grantee. Any
subcontractor of the Grantee shall be bound to the requirements of this
agreement. Except in emergencies, prior to making an excavation in the
.traveled portion of any street, bridge or public place, and, when required by
the City, in any untraveled portion of any street, bridge or any public place,
the Grantee shall obtain from the City approval of the proposed excavation
and of its location. Grantee shall give notice to the City by telephone,
electronic data transmittal or other appropriate means as soon as is
practicable after the commencement of work performed under emergency
Page 4
Council Bill No. 1578
Ordinance No. 2133
59
(2)
ATTACHMENT
Page ~ of _~o~
conditions. The City may require the Grantee to obtain a-permit betore
excavating.
When any excavation is made by the Grantee, the Grantee or its
subcontractor shall promptly restore the affected portion of the street, bridge
or public place to the same condition in compliance with any permits issued
by the City and any specifications, requirements and regulations of the City
in effect at the time of such restoration. All work done shall be subject to the
rejection or correction requirements of the City Engineer's approval. If the
Grantee or its subcontractor fails to restore promptly the affected portion of
the street, bridge, or public place to the same condition in which it was prior
to the excavation, the City may make the restoration, and the cost thereof
shall be paid by the Grantee.
Section
(t)
11: Location and Relocation of Facilities.
(2)
All facilities of the Grantee shall be placed so that they do not interfere
unreasonably with the use by the City and the public of the streets, bridges
and public places and in accordance with any specifications adopted by the
City governing the location of facilities.
The City may require, in the public interest, the removal or relocation of
facilities maintained by the Grantee in the streets of the City, and the Grantee
shall remove and relocate such facilities within a reasonable time after
receiving notice to do so from the City. The cost of such removal or
relocation of its facilities shall be paid by the Grantee, but when such removal
or relocation is required for the convenience or benefit of any person,
governmental agency or instrumentality other than the City, Grantee shall be
entitled to reimbursement for the reasonable cost thereof from such person,
agency or instrumentality.
Section 12: Compensation.
(1)
As compensation for the franchise granted by '~his ordinance, the grantee
shall pay to the City an amount equal to three percent (3%) of the gross
revenue collected by the Grantee from its customers for gas consumed
within the City. "Gross revenue" as used in this ordinance shall be deemed
tO include any revenue earned within the City from the sale of natural gas
after deducting from the total billings of the Grantee the total net writeoff of
uncollectible accounts. Gross revenues shall include revenues from the use,
rental or lease of operating facilities of the utility other than residential-type
space and water heating equipment. Gross revenues shall not include
proceeds from the sale of bonds, mortgage or other evidence of
indebtedness, securities or stocks, revenues derived from the sale or
Page 5
Council Bill No. 1578
Ordinance No. 2133
60
(2)
(3)
(4)
(5)
ATTACHMENT-- ~
Page ~ of--
transportation of gas supplied under an interruptible tariff schedule, sales at
wholesale to a public utility when the utility purchasing the service is not the
ultimate consumer, or revenue paid directly by the United States of America
or any of its agencies.
The City shall retain the right, as permitted by Oregon Law, to charge a
privilege tax in addition to the franchise fee set forth herein based on the
gross revenues of the company, payable on the same terms and conditions
as the franchise fee itself. Such privilege tax may be implemented during the
term of this franchise provided that, if enacted after the effective date, the City
shall provide the Grantee with sixty (60) days' notice prior to the effective
date of the ordinance enacting the tax.
The compensation required by this section shall be due for each calendar
quarter, or fraction thereof, within thirty (30) days after the close of such
calendar quarter, or fraction thereof. Within thirty (30) days after the
termination of this franchise, compensation shall be paid for the period
elapsing since the close of the last calendar quarter for which the
compensation has been paid.
The Grantee shall furnish to the City Finance Director with each payment of
compensation required by this section a written statement, under oath,
executed by an officer of Grantee showing the amount of gross revenue of
the Grantee within the City for the period covered by the payment computed
on the basis set out in subsection (1) of this section. The compensation for
the period covered by the statement shall be computed on the basis of the
gross revenue so reported. If the Grantee fails to pay the entire amount of
compensation due the City through error or otherwise, the difference due the
City shall be paid by the Grantee within fifteen (15) days from discovery of
the error or determination of the correct amount. Any overpayment to the
City through error or otherwise, shall be offset against the next payment due
from the Grantee.
Acceptance by the City of any payment due under this section shall not be
deemed to be a waiver by the City of any breach of this franchise occurring
prior thereto, nor shall the acceptance by the City of any such payments
preclude the City from later establishing that a larger amount was actually
due, or from collecting any balance due to the City.
Section 13: Books of Account and Reports..
The Grantee shall keep accurate books of account at an office in Oregon for the purpose
of determining the amounts due to the City under section 12 of this ordinance. The City
may inspect the books of account at any time during business hours and may audit the
Page 6 Council Bill No. 1578
Ordinance No. 2133
61
PageJ ,, of °t
books from time to time. The Council may require periodic reports from the Grantee
relating to its operations and revenues within the City.
Section 14_: Classification of Fees.
The City Council determines that any fees imposed by this franchise are not taxes subject
to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution.
Section 15: Collection Facilities.
The Grantee may maintain facilities in the City where its customers may pay their bills for
gas service during normal business hours.
Section 16: SupolvinCl Maps Upon Request.
The Grantee shall maintain on file, at an office in Oregon, maps and operational data
pertaining to its operations in the City. The City may inspect the maps and data at any time
during business hours. Upon request of the City, the Grantee shall furnish to the City,
without charge and on a current basis, maps showing the location of the gas mains of the
Grantee in the City.
Section 17: Indemnification.
The Grantee shall indemnify and save harmless the City and its officers, agents and
employees from any and all loss, cost and expense arising from damage to property
and/or injury to, or death of, persons due to any wrongful or negligent act or omission of
the Grantee, its agents or employees in exercising the rights, privileges and franchise
hereby granted.
Section 18: No Recourse A.qainst City.
Grantee shall have no recourse whatsoever against the City or its officials, boards,
commissions, agents or employees for any loss, cost, expense or damage arising out of
any provision or requirement of this franchise or because of the enforcement of this
franchise or in the event this franchise or any part thereof is determined to be invalid.
Section 19: Sale or Ass .qnment of Franchise.
The Grantee shall not during the term of this Franchise sell, assign, transfer or convey this
franchise without first obtaining the consent of the City Council, by ordinance, which
Page 7 Council Bill No. ].578
Ordinance No. 2133
ATTA~rtM" N ~ - "-
Page-I{ of "~
consent shall not be unreasonably withheld, and that all of the provisions shall inure to and
bind the successors and assigns of the Grantee; and whenever the Northwest Natural Gas
Company shall be mentioned in this ordinance, it shall be understood to include such
successors or assigns in interest of the Northwest Natural Gas Company as shall have
been so consented to by the City Council.
Section 20: Termination of Franchise for Cause.
Upon the willful failure of the Grantee, after sixty (60) days' notice and demand in writing,
to perform promptly and completely each and every term, condition or obligation imposed
upon it under or pursuant to this ordinance, the City may terminate this franchise, subject
to Grantee's right to a court review of the reasonableness of such action.
Section 21.: Rene.qotiation of the Franchise.
If the State of Oregon or the PUC amends or adopts a state statute or administrative rule
that would affect a term, condition, right or obligation under this agreement, either party
may reopen the franchise agreement at any time with regard to such term, conditions, right
or obligation in order to address the change required or allowed by the new or amended
state statute or administrative rule.
Section 22..: Remedies Not Exclusive, When Requirement Waived.
All remedies and penalties under this ordinance, including termination of the franchise, are
cumulative, and the recovery or enforcement of one is not a bar to the recovery or
enforcement of any other such remedy or penalty. The remedies and penalties contained
in this ordinance, including termination of the franchise, are not exclusive and the City
reserves the right to enforce the penal provisions of any ordinance or resolution and to
avail itself of any and all remedies available at law or in equity. Failure to enforce shall not
be construed as a waiver of a breach of any term, condition or obligation imposed upon
the Grantee by or pursuant to this ordinance. A specific waiver of a particular breach of
any term, condition or obligation imposed upon the Grantee by or pursuant to this
ordinance shall not be a waiver of any other or subsequent or future breach of the same
or of any other term, condition or obligation, or a waiver of the term, condition or obligation
itself.
Section 23: Prior Ordinance Repealed.
Ordinance No. 1442 is hereby repealed.
Page 8
Council Bill No. 1578
Ordinance No. 2133
63
AI-I'ACHMENT--
Page-.-q-- °f--c]
Section 24: ~.
The Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with
the City its written unconditional acceptance of this franchise in the form attached hereto
as Exhibit "A", and if the Grantee fails so to do, this ordinance shall be void.
Section 25: Emer enc Clause.
This ordinance being necessary for the immediate preservation of the public peace, health
and safety, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the Mayor, and shall be valid
for a term of franchise as stated in Section 4 and provided that the Grantee files its
acceptance as stated in Section 24.
Approved as to form:
City Attorney
APPROVED:
Date
en Kelley,~Mayor
Passed 6y the Council
Au9ust 22, 1994
Submitted to the Mayor
August 23, 1994
Approved by the Mayor
August 23, 1994
Filed in the Office of the Recorder
August 23, 1994
MaryJTennant, City Recorder
City of Woodburn, Oregon
Page 9 Council Bill No. 1578
Ordinance No. 2133
11C
August 3, 2004
TO:
FROM:
SUBJECT:
Mayor and City Council through City Administrator
Scott D. Russell, Chief of Police/<-,~
Interqovernmental Agreement for School Resource Officer
RECOMMENDATION:
It is recommended the City Council authorize the City Administrator to sign an
agreement with Woodburn School District for School Resource Officer services.
BACKGROUND:
In September 1999, the Woodburn Police Department was awarded a $125,000 COPS
grant to fund a School Resource Officer (SRO). On November 15, 1999, the City of
Woodburn and the Woodburn School District entered into an Intergovernmental
Agreement for the purpose of clarifying the duties and responsibilities of the School
Resource Officer and established the financial obligation of each agency. The grant-
funding period expired at the end of the 2001-2002 school year.
In July of 2003 the city and the school distdct renewed the School Resource Officer
Intergovernmental Agreement on the same terms and conditions as set fodh in the
original agreement with the exception of the financial obligation clause. The term of
this current agreement ended June 30, 2004. The Woodburn Police Department and
the Woodburn School Disfdct both believe that the School Resource Officer Program
has proven to be very beneficial and wish to continue the program within the school
district.
DISCUSSION:
The renewal agreement would effective between July 1, 2004 and June 30, 2005. It
would continue to provide the services of a school resource officer at Woodburn High
School and maintain our partnership with the school district. The broad spectrum of
contacts, interactions, and duties conducted by the School Resource Officer provide
great benefits to both the police department and the school district alike. It is an
equitable agreement in that the school district provides funding for the amount of the
officer's time utilized at school, approximately 80%, and the City provides for the
remainder of the officers time, approximately 20%.
Agenda Item Review: City Administrato~ ~ity Attorney__
Financ~://~
65
Mayor and City Council
August 3, 2004
Page 2
FINANCIA._L IMPACT:
Over the course of this agreement the Woodburn School District has agreed to be
responsible for $46,262 toward salary and fringe benefits for the school resource officer,
and the City of Woodburn will provide $22,786 toward salary and fringe benefits for the
officer. The City's podion of the funding for this position is identified within the
proposed Woodburn Police Department budget for fiscal year 2004-2005.
66
INTERGOVERNMENTAL AGREEMENT
This ag reement is entered into between the City of Woodburn and Woodburn School District for the
purpose of clarifying the duties and responsibilities of a School Resource Officer (SRO) to be placed with
the District and to define the responsibilities of each of the governmental bodies for the supervision,
support, and financial obligation of that position.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
CITY'S RESPONSIBILITIES
The City will provide a sworn police officer for assignment to School Resource Officer
position during the term of this Agreement. The officer's primary dull will be assignment to
any one or more of the Woodburn School District schools during the time of year school is
in session. The officer may, however, be used for other police duties outside of the school
year. The City reserves the right to reassign that officer to other police duties, irrespedive of
school sessions, when an emergency exists and the officer is required elsewhere. The
determination of emergency is at the discretion of the Chief of Police.
Over the agreement period, the City will provide $22,786 toward salary and fringe benefits
of the School Resource Officer.
o
The City will be mutually involved with School Administrators in the seledion of any officer
assigned to this position.
The Chief of Police will be solely responsible for the supervision and performance evaluation
of the School Resource Officer but lhe City agrees that the Chief will seek and utilize
information provided by school administrative personnel in the performance of those duties
and the officer's suitability to continue in that position. After consultation with the Chief of
Police, the Superintendent may require the assigned officer be removed from the School
Resource Officer position for reasons of unsuitability.
SCHOOL'S RESPONSIBILITIES
Over the agreement period, the School will provide $46,262 toward salary and fringe
benefits of the School Resource Officer.
The school agrees to make the SRO part of the school's staff in regard to providing
appropriate in-service training, inclusion in general staff activities, and the provision of
facility office space for the officer to work from.
The school will review and approve any curriculum to be presented to students, staff, or
parents by the officer.
The school agrees to assist the Chief of Police in establishing annual goals for the School
Resource Officer position.
SCHOOL RESOURCE OFFICER'S DUTIES
The following list of duties is not intended to be all inclusive but to describe the principal activities
in which the officer may be involved. These adivities will not be performed each day but as the
need dictates.
Be physically available at appropriate times for personal interadion with youth at school
including informal talking with students, staff, or parents during breaks, lunch, and before
and after school activities.
Identify youths at risk of becoming delinquent through referrals to the School Resource
Officer from school personnel, student advisors, parents, and via interaction with students
themselves.
o
Assist in the diversion of youths identified as at risk of becoming delinquent from entry into
the juvenile justice system through crisis intervention and referral to other resources and
outside agencies.
Provide prevention education on vandalism, shoplifting, substance abuse, child and sexual
abuse, and issues of personal safety.
Perform as a resource center for youth needing referrals to the appropriate government or
private service agency.
Perform as an information source for District personnel on issues or criminal trends involving
youth.
Participate and support youth organizations designed to promote responsible behavior (i.e.,
Natural Helpers, Oregon Student Safety On the Move, Oregon Teen Leadership Institute,
etc.).
Take appropriate corrective enforcement or referral action in the schools on behavior coming
to the officer's attention which is criminal or disruptive to the school learning environment.
Promote a positive attitude of youth toward community, school, and local government,
including police.
10.
Develop and teach classes relevant to youth and crime issues (street law) which are germane
to this community.
11. Develop and teach classes regarding civic competence, rights and obligations of youth
according to law, rights and responsibilities of citizenship, and the role of citizenship in
society.
12. Develop and provide programs which produce peer conflict mediation.
13.
Maintain records of calls for service provided to the school by the officer and the number of
hours worked during the year relative to school issues.
Do
MODIFICATION OF AGREEMENT
Each party to this agreement will annually review the conditions of the agreement to determine if
it is being properly administered, complied with, and to determine it's sufficiency to meet program
needs. Any modification of the terms of this Ag reement shall be executed in writing with the mutual
consent of both parties.
TERM OF AGREEMENT
The term of this Agreement shall commence July 1, 2004 and continue through June 30, 2005.
This Agreement may be terminated prior to that date by mutual consent of both parties or by one
party notifying the other of their intent to discontinue participation no later than 180 days prior to
the end of the fiscal year.
Fo
LEGAL CONTINGENCIES
For the purpose of coverage under the Oregon Tort Claims Act against any losses, damages or
liabilities arising out of the services and activities of anyWoodburn Police personnel assigned to the
School District under the provisions of this agreement:
Each party shall protect their own employee with Worker's Compensation insurance which
meets the requirements of Oregon law;
Each party shall maintain in full force and effect adequate public liability and property
damage insurance or self-insurance to cover any claims which may arise by virtue of their
actions;
Each party assumes sole responsibility for the torts of its own personnel and agrees, to the
extent legally possible, to hold each other party to this agreement harmless from liability
arising from the ads or omissions of personnel affiliated with such party.
RENEWAL OF AGREEMENT
The parties may renew this Agreement on the same terms and conditions as contained herein by
executing a mutual written renewal agreement before the end of the term of this Agreement.
John Brown
City Administrator
City of Woodburn
Date:
Walt BIomberg /
Superintendent
Woodburn School District
Date: ,~"/' ~6 ~
llD
August 9, 2004
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
John C. Brown, City Administrator
Agreement for Periodic Review Consulting Services
RECOMMENDATION:
It is recommended the City Council authorize the City Administrator to execute
an agreement for Periodic Review Cansuiting Services, and any related
documents, with Winterowd & Brooks, LLC, for fiscal year 2004-05.
BACKGROUND:
A review of the City's contractual relationship with Winterbrook Planning may
aid in an understanding of the information conveyed in the "discussion" section
of this report.
The City contracted in 2001 with Winterowd & Brooks, LLC, dba Winterbrook
Planning (Winterbrook) to provide professional and technical support needed to
complete the City's comprehensive plan periodic review tasks. The firm assisted
ECONorthwest in developing the City's Economic Opportunities Analysis and
Economic Development Strategy, and was retained in fall 2001 to assist the City
in completing land use tasks necessary to implement that plan (Attachment 1 ).
Three agreements were executed with Winterbrook in FY 2001/2. The first, for
$5,000 initiated the periadic review planning work needed to support the
economic strategy. This money was available in the Planning budget. A $35,000
amendment to that agreement (Amendment 1) expanded on the work done
under the first agreement, and laid the groundwork for a DLCD grant intended
to complete periodic review work tasks and support an urban growth boundary
expansion. This money was also available in the Planning budget, included at
the beginning of the year in anticipation of periodic review funding
requirements. The third agreement (Amendment 2) carried an unexpended
balance of $21,500 from Amendment 1 forward to FY 2002-03.
Agenda item Review:
City Administrator-~-~ City Attorney __
Financ~'J~
7O
Honorable Mayor and City Council
August 9, 2004
Page 2
The DLCD awarded the City $35,000 in June 2002 to help complete our periodic
review work program. Combined with a $35,000 general fund match, the grant
provided $70,000 to complete the work to be funded by the grant. Grant
funding was received later in FY 2002-03. The Winterbrook agreement was
amended in November 2002 (Amendment 3), to reflect the increased scope of
work associated with the periodic review grant tasks, and the $70,000 needed to
complete the scope of work. This agreement was authorized by the City
Council as part of its June 2002 acceptance of the periodic review grant
(Attachment 2). Due to unanticipated costs associated with Winterbrook's
assistance in challenging the Marion County Growth Management Plan, and
with GIS mapping, the Winterbrook agreement was further amended by $20,000
during FY 2002-03 (Amendment 3-1). Funding for that amendment was
supported by the Planning Department budget, and by a $12,000 contingency
fund transfer approved by Council in June 2003.
The Winterbrook agreement was amended, effective July 1, 2003, to provide
$40,000 in funding for work to be completed in FY 2003-04 (Amendment 4). This
included completing and presenting to the Planning Commission and City
Council the draft periodic review products, and was intended to provide
support at land use hearings before the Commission and Council during 2003-
04, in addition to the various coordination activities enumerated in the scopes of
services included in the previous amendments. A copy of these scopes of
services is provided as Attachment 3. The Budget Committee and City Council
approved funding for this amendment for FY 2003-04.
The most recent amendment, for $15,000, was executed in March 2004
(Amendment 5). This amendment addresses citizen involvement activities
conducted this past spring, and review and revision needed to strengthen the
quality of the periodic review work products. If should be noted that
Winterbrook reduced rates during this period, to accommodate the City's
budget. Funding for this amendment was provided from the department
budget, and a $10,000 contingency fund transfer approved by the City Council
mid-year, FY 2003-04.
DISCUSSION:
Following the initial agreement, six amendments were executed with
Winterbrook. To date, a total of $185,000 has been expended to assist with
periodic review and related tasks. Of that, $150,000 was provided by the
General fund, and $35,000 was provided by a State grant. Some of this work
was unexpected, such as challenging the Marion County Growth Management
?!
Honorable Mayor and City Council
August 9, 2004
Page 3
Plan, or creating GIS mapping to augment the City's database. Other work,
and the attendant cost and time of completing it, reflects the complexity
inherent in the land use process, and the adjustments that must be made to
address public input, coordination with county and state agencies, concerns
raised by interested parties, and staff and legal review needed to assure
compliance with storewide land use policy and regulations. In an appendix to
the Economic Opportunities Analysis and Economic Development Strategy,
Winterbrook made clear the length of time needed, and the difficulty inherent in
expanding the urban growth boundary. Nevertheless, I doubt few of us
contemplated the number of contract amendments needed to accomplish the
task.
More work is required before a completed product can be presented to the
public, City decision makers, and other reviewing agencies. Our contractual
relationship with Winterbrook, however, expired on June 30, 2004. Accordingly,
a new agreement is needed fo retain Winterbrook's services through what will
hopefully be the completion of the project. The number of contract
amendments has grown cumbersome, and complicates contract
management. Accordingly, it is recommended that a new contractual
agreement with Winferbrook Planning be executed, which defines work to be
conducted during fiscal year 2004-05, and which supercedes and replaces all
previous contracts. The City attorney has drafted such an agreement for your
consideration and approval.
FINANCIAL IMPACT:
The attached agreement provides Winterbrook with compensation for its
services in an amount not to exceed $20,000. Funds were approved for this
purpose by the Budget Committee and City Council, and are available in the
2004-05 planning budget.
'/2
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF WOODBURN
AND WINTEROWD & BROOKS, LLC
THIS AGREEMENT is entered into between the City of Woodbum, an Oregon municipal
corporation, hereinafter referred to as "City," and Winterowd & Brooks, LLC, dba Winterbrook
Planning, whose address is 310 SW 4th Avenue, Suite 1100, Portland, Oregon 97204-2305,
hereinafter referred to as "Consultant."
RECITALS
WHEREAS, City previously entered into personal service agreements with Consultant to assist
City in accomplishing planning work tasks related to Periodic Review; and
WHEREAS, Consultant has created a substantial body of work related to the completion of the
Periodic Review work tasks; and
WHEREAS, City is required to complete the Periodic Review work tasks and additional funding
is necessary for Consultant to finish its work; and
WHEREAS, City will enter into this personal services agreement with Consultant which will
supercede all prior agreements with Consultant regarding the same subject;
NOW, THEREFORE, City and Consultant agree as follows:
1. SCOPE OF WORK.
Under the direction of the Community Development Director, Consultant will assist City
in completing the following tasks:
Task 1: Citizen Involvement Program. Consultant will assist City in
implementing an effective citizen involvement program consistent with Statewide
Planning Goal 1, Citizen Involvement.
Task 2: Findings. The Community Development Director will draft the findings
with assistance from the City Attorney's office. Consultant shall provide support,
including some new research and document review.
Task 3: County Coordination. Continued coordination with Marion County will
be required to (a) ensure formal adoption of the 35,000 population projection
agreed to by County, DLCD and ODOT staff; (b) address the Growth
Management Framework Plan policies, including the requirement for an amended
intergovernmental agreement; and (c) review and modify of draft reports, if
requested by County staff.
Winterowd & Brooks Agreement
Page 1
Task 4: DLCD Coordination. Consultant will coordinate with DLCD staff
regarding reports Consultant has prepared and the applicable process.
Task 5: City Public Heatings. Consultant shall attend at least two public heatings
- one before the Planning Commission and one before the City Council.
Task 6: Mapping Revisions. It is anticipated that Consultant will assist City in
revising the GIS maps. City's GIS specialist may also require advice and
assistance from Ecotmst, Consultant's GIS sub-consultant. Map revisions will be
needed to reflect the analysis and ultimate policy choices that are adopted by the
City Council.
Task 7: Report Revisions. Consultant anticipates that the existing reports will
need to be revised to reflect (a) the results of the public hearing process; (b) the
results of the City's small-scale map amendment review; and (c) to address legfil
concerns.
Task 8: Public Facilities Review. Consultant shall assist City regarding the need
to document City's capacity to provide sanitary sewer, water and storm drainage
facilities to land within existing UGB plus several proposed expansion areas.
Task 9: General City Coordination. Consultant shall be available to respond to
questions from City staff that are not directly related to the above tasks, but are
likely to come up over the next 12 months.
Greg Winterowd, Principal Planner, shall be the project manager and shall report directly
to City. This Scope of Work replaces the Scope of Work in all previous contacts and
agreements with Consultant.
CONSIDERATION.
City shall pay Consultant a sum not to exceed $20,000 for all Consultant services.
However, compensation may be less than such maximum amount and shall actually be
determined on a time-and-expense basis for labor and direct expenses Consultant incurs,
as follows:
PROFESSIONAL SERVICES:
Principal Planner $120.00
Senior Planner $ 95.00
Planning Technician $ 60.00
Project Assistant $ 55.00
EXPENSES: Mileage will be reimbursed at the federal maximum per mil ($.375 in
2004); photocopies at $0.15 per page; faxes and scanning at $1.00 per page; and direct
expenses such as postage, long distance phone calls, etc., at cost.
Winterowd & Brooks Agreement
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Page 2
Consultant will submit a monthly invoice to City indicating costs and expenses incurred.
The invoice shall include a summary of services provided. City agrees to review the
invoice, and to notify Consultant of any questions or disagreements City might have with
the invoice within ten days after receipt of the invoice. After the ten-day period, or after
questions or disagreements noted during the ten-day period have been resolved to the
satisfaction of the parties, the work performed during the period covered by the invoice
shall be considered satisfactory by City. Payment of the invoice shall be within 30 days
of accepting the invoice as satisfactory.
STATUS OF CONSULTANT ASINDEPENDENT CONTRACTOR.
Consultant shall be an independent contractor for all purposes and shall be entitled to no
compensation other than the compensation provided for under paragraph 2 of this
Agreement.
TERM.
This Agreement shall be effective from its execution through June 30, 2~05, unless
either party notifies the other of termination pursuant to Sections 11 or 12. The
Agreement term may be extended upon written authorization of City.
INDEMNITY AND INSURANCE.
Indemnity: Consultant acknowledges responsibility for any and all lial$1ity
arising out of the performance of this Agreement and agrees to hold City harmess
from and indemnify City for any and all liability, settlements, loss, costs, aad
expenses in connection with any action, suit, or claim resulting or allegedly
resulting from Consultant's acts, omissions, activities or services in the course
performing this Agreement.
Liability Insurance: Consultant shall maintain occurrence form commercial
general liability for the protection of Consultant, City, its Council, directors,
officers, agents, and employees. Coverage shall include personal injury, bodily
injury, including death, and broad form property damage, including loss of use of
property, occurring in the course of or in any way related to Consultant's
operations, in an amount not less than $1,000,000 combined single limit per
occurrence. Such insurance shall name City as an additional insured. Consultant
shall provide to City a certificate of insurance evidencing coverage.
Co
Workers Compensation Coverage: If Consultant employs one or more subject
workers, Consultant hereby certifies that they have qualified for State of Oregon
Worker's Compensation coverage either as a carder-insured employer or as a self-
insured employer. Consultant shall provide to City a certificate of insurance (be
they carder or self-insured) evidencing coverage.
Winterowd & Brooks Agreement
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Page 3
METHOD AND PLACE OF GIVING NOTICE~ SUBMITTING BILLS~
MAKING PAYMENTS.
All notices, bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
CITY:
James Mulder
Community Development Director
City of Woodburn
270 Montgomery St.
Woodbum, OR 97071
e
CONSULTANT:
Greg Winterowd
Winterowd & Brooks, LLC
310 SW Fourth Ave., Suite 1000
Portland, OR 97204-2305
When so addressed, such notices, bills and payments shall be deemed given upon deposit
in the United States mail, postage prepaid.
WORK IS PROPERTY OF CITY.
All work, including, but not limited to documents, drawings, papers, electronic media,
and photographs, performed or produced by Consultant under this Agreement, shall be
the property of City.
LAW OF OREGON.
The Agreement shall be governed by the laws of the State of Oregon. Venue shall be in
the Marion County Circuit Court. Consultant, by executing this agreement, hereby
consents to the in personum jurisdiction of said court.
SUCCESSORS AND ASSIGNMENTS.
Ao
Each party binds itself, and any partner, successor, executor, administrator, or
assign to this Agreement.
Neither City nor Consultant shall assign or transfer their interest or obligation
hereunder in this Agreement without the written consent of the other. Consultant
must seek and obtain City's written consent before subcontracting any part of the
work required of Consultant under this Agreement. Any assignment, transfer, or
subcontract attempted in violation of this subparagraph shall be void.
Winterowd & Brooks Agreement
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Page 4
10.
11.
12.
13.
In the event Consultant assigns, transfers or subcontracts any of the work
contemplated or necessitated by the terms of this Agreement to some third party,
Consultant will ensure that said third party is made subject to all the terms and
conditions of this Agreement.
RECORDS.
Consultant shall retain all books, documents, papers, and records that are directly
pertinent to this Agreement for at least three years after City makes final payment on this
Agreement and all other pending matters are closed.
Consultant shall allow City, or any of its authorized representatives, to audit, examine,
copy, take excerpts from, or transcribe any books, documents, papers, or records that are
subject to the foregoing retention requirement.
BREACH OF AGREEMENT.
Consultant shall remedy any breach of this Agreement with the shortest reasonable time
after Consultant first has actual notice of the breach or City notifies Consultant of the
breach, whichever is earlier. If Consultant fails to remedy a breach in accordance with
this paragraph, City may terminate that part of the Agreement affected by the breach
upon written notice to Consultant, may obtain substitute services in a reasonable manner,
and may recover from Consultant the amount by which the price for those substitute
services exceeds the price for the same services under this Agreement. If the breach is
material and Consultant fails to remedy the breach in accordance with this paragraph,
City may declare Consultant in default and pursue any remedy available for a default.
TERMINATION FOR CONVENIENCE.
City may terminate all or part of this Agreement at any time for its own convenience by
written notice to Consultant. Upon termination under this paragraph, Consultant shall be
entitled to compensation for all services rendered prior to actual notice of the termination
or the receipt of City's written notice of termination, whichever is earlier, plus
Consultant's reasonable costs actually incurred in closing out the Agreement.
INTel J,ECTUAL PROPERTY.
The interest in any intellectual property, including, but not limited to copyrights and
patents of any type, arising fi.om the performance of this Agreement shall vest in City.
Consultant shall execute any assignment or other documents necessary to affect this
paragraph. Consultant shall transfer to City any data or other tangible property generated
by Consultant under this Agreement and necessary for the beneficial use of intellectual
property covered by this paragraph.
Winterowd & Brooks Agreement
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Page 5
14. INCOME TAX WITHHOLDING.
Consultant shall pay, if applicable, all sums withheld from employees pursuant to
ORS 316.167.
15. PAYMENT OF CLAIMS BY CITY.
16.
17.
If Consultant fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subcontractor, or by any person in connection with
this Agreement as the claim becomes due, City may pay the claim to the person
furnishing the labor or services and charge the mount of the payment against funds due
or to become due to Consultant pursuant to this Agreement. City's payment of a claim
under this paragraph shall not relieve Consultant or Consultant's surety, if any, from
responsibility for those claims.
NO THIRD PARTY BENEFICIARIES.
Consultant hereby represents that no employee of City, or any partnership or corporation
in which a City employee has an interest, will or has received any remuneration of any
description from Consultant, either directly or indirectly, in connection with the letting or
performance of this Agreement, except as specifically declared in writing.
WORKER'S COMPENSATION COMPLIANCE.
Consultant, 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. Consultant and their subcontractors, if any, shall show proof of
such coverage in a form satisfactory to City prior to commencing any of the work to be
done under this Agreement.
Consultant, if declaring an exemption from any requirement to provide workers
compensation coverage for the labor to be performed under this Agreement, understands
and agrees that under ORS 656.006 (13), an "employer" is any person who contracts to
pay a remuneration for and secures the right to direct and control the services of any
person. Consultant understands and agrees that if it is exempt from coverage under ORS
656.027 and engages individuals who are not exempt under same in performance of the
Agreement then Consultant shall provide workers compensation insurance coverage for
all such individuals. If Consultant does not provide that insurance it may be deemed a
noncomplying employer for purposes of Oregon law and agree to hold City harmless
from and indemnify it against any and all claims for compensation benefits made against
Consultant as a noncomplying employer.
Winterowd & Brooks Agreement
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Page 6
18. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES.
19.
20.
Consultant shall comply with all applicable federal, state and local laws, roles and
regulations.
HOURS OF LABOR.
Consultant agrees that no person shall be employed for more than 10 hours in any one
day, or 40 hours in any one week, except in cases of necessity, emergency, or where the
public policy absolutely requires it, and in such eases, except in cases of contracts for
personal services as defined in ORS 279.05 l, the employee shall be paid at least time and
a half pay:
For all overtime in excess of eight hours a day or 40 hours in any one week when
the work week is five consecutive days, Monday through Friday; or
Bo
For all overtime in excess of 10 hours a day or 40 hours in any one week when the
work week is four consecutive days, Monday through Friday; and
For all work performed on Saturday and on any legal holiday specified in ORS
279.334.
Consultant agrees that all persons employed under this Agreement shall receive at least
time and a half pay for work performed on the legal holidays specified in a collective
bargaining Agreement or in ORS 279.334 (1)(a)(C)(ii) to (vii) and for all time worked in
excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater.
PAYMENT OF LABORERS AND MATERIALMEN~ CONTRIBUTIONS TO
INDUSTRIAL ACCIDENT FUND~ I,IF, NS AND WffHHOLDING TAXES.
Consultant shall:
Make payment promptly, as due, to all persons supplying labor or material for the
prosecution of the work under this Agreement.
Pay all contributions or amounts due the Industrial Accident Fund from such
Consultant or subcontractor incurred in the performance of this Agreement.
Not permit any lien or claim to be filed or prosecuted against the state, county,
school district, municipality, municipal corporation or subdivision thereof, on
account of any labor or material furnished.
Pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
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Page 7
21.
22.
23.
PAYMENT FOR MEDICAL CARE.
Consultant shall promptly, as due, make payment to any person, copartnership,
association or corporation, furnishing medical, surgical and hospital care or other needed
care and attention, incident to sickness or injury, to the employees of such Consultant, of
all sums which Consultant agrees to pay for such services and all moneys and sums
which thc Consultant collected or deducted from the wages of employees pursuant to any
law, contract or agreement for the purpose of providing or paying for such service.
PAYMENT OF CLAIMS BY PUBLIC OFFICERS.
If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant by any person in connection with this Agreement as such
claim becomes due, City may pay such claim to the person furnishing the labor or
services and charge the amount of the payment against funds due or to become due to
Consultant.
RECYCLED PAPER REQUIRED.
To the maximum extent economically £easible, Consultant shall use recycled paper in
performing under this Agreement.
24. FINAL AGREEMENT/BINDING EFFECT.
25.
This document contains all of the terms and conditions of the parties' Agreement. Any
waiver or modification of the terms of this Agreement must be in writing.
INTEGRATION.
This Agreement contains the entire agreement between the parties and supersedes all
prior written or oral discussions or agreements regarding the same subject.
26. SEVERABILITY/SURVIVAL.
27.
If any of the provisions contained in this Agreement are held illegal, invalid or
unenforceable, the enforceability of the remaining provisions shall not be impaired. Any
provisions concerning the limitation of liability or indemnity shall survive the termination
of this Agreement for any cause.
FORCE MAJEURE.
Neither City nor Consultant shall be held responsible for delay or default caused by fire,
riot, acts of God, war or similar events or occurrences where such event or occurrence
was beyond the reasonable control of City or Consultant respectively. Consultant will,
however, make all reasonable efforts to remove or eliminate such a cause of delay or
Winterowd & Brooks Agreement
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28.
default and shall, upon cessation of the case, diligently pursue performance of its
obligations under this Agreement
AUTHORIZATION.
The persons executing this Agreement on behalf of the parties hereto represent and
warrant that the parties have all legal authority and authorization necessary to enter into
this Agreement, and that such persons have been duly authorized to execute this
Agreement on their behalf.
WINTEROWD & BROOKS, LLC
CITY OF WOODBURN
By: By:
Greg Winterowd John C. Brown
Title: Title:
Date: Date:
Winterowd & Brooks Agreement
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Page 9
ATr&¢HMENT 1
City of Woodbum
Preliminary Analysis
Statewide Planning Goal Compliance Issues
June 11, 2001
Woodbum may amend its comprehensive plan, transportation system plan and land use
regulations to maximize its economic development opportunities. WPS has been asked to
analyze Oregon's Statewide Planning Goal issues that need to be addressed if the city initiates
these amendments. Because the Statewide Planning Goals are inter-related, a proposal to amend
the comprehensive plan and land use regulations must comply with state goals and be internally
consistent.
Contents
INTRODUCTION
SECTION I: PROCEDURAL GOAL REQUIREMENTS
OOAL 1: CITIZEN INVOLVEMENT
GOAL 2: LAND USE PLANNING
Coordination with Marion County
Coordination with Affected State and Federal Agencies
Internal Consistency
Effective Implementation Measures
Goal 2 "Reasons Exception"
GOAL 5: NATURAL RESOURCES, SCENIC AND HISTORIC AREAS, AND OPEN SPACES
Wetlands and Riparian Areas
STATEWIDE PLANNING GOAL 14: URBANIZATION
SECTION II: SUBSTANTIVE GOALS REQUIREMENTS
GOALS 5; NATURAL RESOURCES, SCENIC AND HISTOIUC AREAS, AND OPEN SPACES
Safe Harbor for Stream Corridors and Wetlands
Historic Sites and Structures
GOAL 6: AIR, LAND AND WATER RESOURCES QUALITY
GOAL 7: AREAS SUBJECT TO NATURAL DISASTERS AND HAZARDS
GOAL 8: RECREATIONAL NEEDS
GOAL 9: ECONOMY OF THE STATE
"An Adequate Supply of Sites..." ."
Designation of Lands for Commercial and Industrial Uses
Relationship to Goal 14
GOAL 10: HOUSING
Relationship to Goal 9
Relationship to Goal 14
4
4
4
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5
6
6
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7
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8
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8
9
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GOAL 11: PUBLIC FACILITIES AND SERVICES
Relationship to Goal 9
Relationship to the Transportation Planning Rule
GOAL 12: TRANSPORTATION
Comprehensive Plan Amendments
Iterative Process
GOAL 13: ENERGY CONSERVATION
GoAL 14: URBANIZATION
UGB Amendment Issues
Conversion from Urbanizable Land to Urban Uses
SUMMARY & CONCLUSIONS
15
16
16
17
17
18
19
19
20
24
26
Introduction
This memorandum is based on the following logic:
1. The Economic Opportunities Analysis (ECONorthwest, 2001) has identified target industries
and their quantitative and qualitative site needs.
2. The Woodburn City Council has determined that amendments to the Woodbum
Comprehensive Plan and land use regulations may be necessary to provide suitable sites for
targeted industries or to address industrial park siting criteria.
3. Due to the apparent shortage of suitable industrial sites within the existing Woodbum UGB,
amendments to the Woodbum Urban Growth Boundary (UGB) may also be required.
Thirteen of Oregon's 19 Statewide Planning Goals appear to apply to plan or code amendments
within the Woodbum UGB and its adjacent rural area:
· Goal 1: Citizen Involvement
* Goal 2: Land Use Planning (OAR Chapter 660, Division 4)
· Goal 3: Agricultural Land (ORS 215.243; OAR Chapter 660, Division 33)
· Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces (OAR Chapter 660,
Division 23)
· Goal 6: Air, Land and Water Resources Quality
· Goal 7: Areas Subject to Natural Disasters and Hazards
· Goal 8: Recreational Needs
· Goal 9: Economy of the State (ORS 197.712; OAR Chapter 660, Division 9)
· Goal 10: Housing (ORS 197.296-314; OAR Chapter 660, Division 8)
· Goal 11: Public Facilities and Services (OAR Chapter 660, Division 11)
· Goal 12: Transportation (OAR Chapter 660, Division 12)
~ Because Woedbum is surrounded by agricultural land (as opposed to forest land), Goal 4: Forest Land,
probably does not apply.
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· Goal 13: Energy Conservation
· Goal 14: Urbanization (ORS 197.296-298; OAR Chapter 660, Division 4)
These goals, collectively, have both procedural and substantive requirements. The procedural
requirements are process-oriented steps the city must take to satisfy the goal provisions. These
are typically spelled out in the goal or in the administrative rule that implements the goal. For
example, Goal 2 requires that dries and counties work together to decide on population
projections. Substantive requirements are the actual issues the city must address to satisfy the
goal provisions. For instance, Goal 10 requires cities to provide sufficient buildable land for 20
years of housing. A successful proposal for changes to the comprehensive plan and land use
regulations must do both things: follow all the procedural requirements, and meet all the
substantive requirements in the statewide goals.
Most of the Statewide Planning Goals listed above have accompanying administrative rules that
are longer and more specific than their corresponding goals. The Oregon Land Conservation and
Development Commission (LCDC) is the state agency that carries out these rules. Some goals
and rules have complementary statutory provisions (e.g., Goals 3, 9, 10, 11 and 14).
All goals are not equal. Certain goals - Goals 2 (Land Use Planning), 5 (Natural Resources), 9
(Economy of the State), 10 (Housing), 11 (Public Facilities and Services), 12 (Transportation)
and 14 (Urbanization) - will be given greater scrutiny when comprehensive plan and land use
regulation amendments are proposed to increase the supply of industrial land. Other goals -
Goals 6, 7, 8 and 13 - must be addressed, but they are not so closely watched. If amendments to
the urban growth boundary are proposed, these amendments are likely to face a higher level of
scrutiny from state agencies and land use interest groups. Depending on the proposal, other
organizations may be involved. For instance, if comprehensive plan map amendments will result
in increased traffic to state highways or county roads, ODOT and Marion County will want to
review transportation impacts.
In sunmmry, if the city amends its comprehensive plan and land use regulations to create
serviced sites that meet the needs of targeted industries, then these amendments must comply
with both the procedural and substantive requirements of each of the applicable Statewide
Planning Goals and their accompanying administrative rules. This memorandum describes the
issues and findings that must be made in order to comply with applicable state goals and rules.
The first section of this document identifies procedural goal requirements. The second discusses
substantive goal requirements.
City of Woodburn · Summary of Probable Statewide Planning Goal Issues
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Section I: Procedural Goal Requirements
Goal 1: Citizen Involvement
Compliance with Goal 1 is established by demonstrating compliance with Woodbum's
acknowledged Citizen Involvement Program. Woodbum's program is prescribed in the citizen
involvement goal and policies of the city's comprehensive plan and in its zoning ordinance
notice requirements.
Goal 2: Land Use Planning
Goal 2 includes requirements for:
· coordination with Marion County regarding population projections and in the plan
amendment process;
· coordination with affected state agencies regarding plan and code amendments;
· internal consistency among the comprehensive plan, land use regulations, factual
information and the proposed amendments;
· effective implementation measures that are consistent with and adequate to carry out plan
policies; and
· a formal exception to compliance with the Agricultural Lands goal when agricultural land is
needed for urban purposes (i.e., when the UGB is expanded).
Coordination with Marion County
Under ORS 195, the county is responsible for ensuring that the population projections of its
cities are "coordinated" with the county's population projection. Woodbum's 2020
projection of 26,290 has been coordinated with Marion County and should be used for
determining population growth in Woodburn. However, if a change is proposed in this
population projection, approval from Marion County is required, and further "coordination"
with the State Economist's projection for Marion County may be required.
Marion County also must approve any comprehensive plan or zoning map amendments that
affect land outside Woodburn city limits. If plan map amendments are proposed on
unincorporated land within the Woodbum UGB, the county must approve these
amendments. If changes to comprehensive plan policies are proposed, both the city and the
county must approve these amendments. Urban growth boundary amendments must also be
jointly adopted to become effective: Marion County has a strong interest in preserving its
agricultural land base. county roads may be affected by proposed changes in land use. In all
of these areas, the city must demonstrate that coordination with Marion County has
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occurred. Marion County should be viewed as an equal partner in the plan amendment
process.
Woodburn's urban growth management agreement CtJGMA) with Marion County provides
guidance regarding the plan amendment and notification process. It is important that
Woodbum and Marion County follow the procedural requirements outlined in the UGMA
and include findings explaining how compliance with this agreement has been achieved in
the plan amendment process.
Coordination with Affected State and Federal Aaencles
Goal 2 requires that the concerns of state and federal agencies must be "considered and
accommodated to the extent possible" in the plan and code amendment process. At a
minimum, State agencies that are likely to be interested in Woodbum's economic
development amendment package include the following:
Oregon Department of Land Conservation & Development (DLCD);
· Oregon Economic Development Depamxxent (EDD);
· Oregon Depathncnt of Transportation (ODOT);
· Oregon Division of State Lands (DSL);
· Oregon Depa~h.ent of Environmental Quality (DEQ); and
· Oregon Depmtment of Fish & Wildlife (ODFW).
Cities must document state and federal agency concerns, and how it has accommodated
these concerns as much as possible. In some instances (e.g., ODOT's interest in state
highways and DSL's interest in impacts on inventoried wetlands), the concerns of state
agencies are backed by LCDC or their own administrative roles. In such instances,
accommodating state agency concerns often means compliance with applicable state
administrative rules. The substantive requirements of these roles are addressed in Section II
of this memorandum.
Internal Consistency
One of the most common allegations of error to thc Land Use Board of Appeals (LUBA) is
inconsistencies among the factual basis in the plan, plan policies and/or implementing land
use regulations.
Goal 2 requires that the factual basis of the plan be consistent with and supportive of the
goals and policies of the plan. For example, Woodburn's housing needs analysis must be
based on coordinated population projection and existing and projected income levels of city
residents. Or, if the Goal 5 inventory includes "significant wetlands," it is critical that these
wetlands also be incorporated into the buildable lands inventory. In this case, it is imperative
that Woodbum's economic policies and employment zones be consistent with the
recommendations of the Economic Opportunities Analysis (OEA) required by Goal 9.
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Effective Implementation Measures
Goal 2 requires that implementation measures be "consistent with and adequate to carry out"
thc policy direction established in the Comprehensive Plan. This means that comprehensive
plan policies must have effective implementing plans and regulations - like thc zoning and
subdivision ordinance, or thc capital improvements program. During the plan amendment
process, cities may discover that adopted plan policies and land use regulations are
inconsistent with the results of studies undertaken during periodic review, or with the
Council's preferred policy direction. Faced with this problem, local governments often
ignore or attempt to "write around" adopted plan policies and code standards in their
findings, rather than change the policy or standard. Overall, it is more efficient to amend the
plan and code consistent with thc city's desired direction as part of the legislative
amendment package.2
Goal 2 "Reasons Exception"
The second part of Goal 2 sets forth procedures and criteria that must bc followed whenever
agricultural land is nccdcd for non-agricultural purposes. This section applies when land is
converted from rural to urban usc as a result ora UGB amendment. The "reasons" for thc
Goal 3 "exception" must be included in both thc city and county comprehensive plans and
must meet the requirements of OAR Chapter 660, Division 4, Exceptions.
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces
Statewide Planning Goal 5 is interpreted by OAR Chapter 660, Division 23. Goal 5 includes a
number of procedural requirements for resolving conflicts between urban development and
significant resource areas.
· Develop inventory methods and significance criteria.
· If them arc significant resource sites, (e.g., wetlands, riparian areas or historic sites), identify
conflicts between resource protection and urban development. These conflicting uses arc
based on zoning. If thc city changes zoning to accommodate more or different industrial uses,
a new conflicting usc determination may be necessary.
· Next, thc ESEE (economic, social, environmental and energy) consequanccs of alternative
courses of action must bc considered. Again, thc ESEE analysis depends on the conflicting
uses allowed by zoning, which could change through this process.
· Based on this ESEE analysis, the city must develop and adopt a program that resolves
conflicts between resource'preservation and urban development.
If, as a result of its Goal 5 program, mapped resource areas arc designated unbuildablc, they
must be removed from thc inventory ofbuildablc land. If thc UGB does not include an adequate
2 ECONorthwest and WPS will review thc city's comprehensive plan and zoning ordinance to identify potential
consistency issues as part of this contract.
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supply of buildable land, then the UGB itself must be amended to provide sufficient land through
the Year 2020.
Wetlands and Riparian Areas
Woodbum has conducted a local wetlands inventory (LWI) for land within the UGB that
identifies "significant wetlands and riparian areas" on existing and potential industrial sites.
The Woodburn Buildable Lands Inventory classifies "wetlands and riparian areas" as
unbuildable land. Nevertheless, it is important that Woodburn complete the Goal 5 orocess
for significant wetlands and riparian areas. Otherwise, there may not be an adequate factual
basis for removal of wetlands and riparian areas from the buildable land inventory. This
would increase the supply of buildable land within the UGB and undermine the rationale for
expansion. (Please see discussion of "safe harbor" provisions under substantive requirements
of Goal 5, Section II.)
Statewide Planning Goal 14: Urbanization
The procedural requirements associated with a Goal 14 UGB amendment are discussed under
Goal 2, above. In summary:.
· UGB amendments must be based on a coordinated population projection.
· The factual base underlying a UGB amendment must support the need for the amendment,
consistent with Goals 9 and 10. The buildable lands inventory must recognize constraints
identified Goal 5 and Goal 7 inventories.
· Both the city and the county must adopt the UGB amendment and plan designations for land
to be included within the UGB.
· The procedural and notice requirements for exceptions specified in G0al 2, Part II (and in
OAR Chapter 660, Division 4) and the urban growth management agreement between
Marion County and Woodburn.
· Comments of state and federal agencies must be considered and accommodated to the extent
possible.
· If a need for a specific type of site is identified in the economic opportunities analysis, the
comprehensive plan and zoning ordinance must ensure that the site is reserved for that
purpose.
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Section I1: Substantive Goals Requirements
In addition to procedural requirements, Statewide Planning Goals 3 through 14 have substantive
requirements that must be addressed when substantial comprehensive plan and code
amendments are proposed.
Goals 5: Natural Resources, Scenic and Historic Areas, and Open Spaces
As indicated in the discussion of Goal 5 in Section I, above, there is a relationship between Goal
5 resource areas, Goal 9 site suitability analyses, and Goal 14 buildable land inventories. If local
governments restrict development on significant Goal 5 resource areas, then these areas are
considered unbuildable. Since the city wants to ensure an adequate supply ofbuildable industrial
land to meet long-term needs, the city should consider the site-suitability consequences of
adopting regulations to protect Goal 5 resources.
Safe Harbor for Stream Corridors and Wetlands
OAR 660-23-090 and 660-023-100 explains how the Goal 5 process works for significant
wetlands and stream corridors (riparian areas). Woodburn has two options:
1. Go through the entire Goal 5 process described in OAR 660-23-030 through 050 (and
summarized in Section I, above); or
2. Use "safe harbor" options for significant wetlands and stream corridors.
WPS recommends that the city consider the safe harbor option, because it saves time and
money and reduces uncertainty. The safe harbor option does not require a cortflieting use
analysis, ESEE analysis, or a local Goal 5 program. Rather, it simply requires protection of:
locally-siguificant wetlands that appear on the LWI; and
fish-bearing streams and their riparian area. (Maps of"fish-bearing streams" are available
through ODFW or the Depa~hnent of Forestry.)
WPS has developed safe harbor ordinances that have been acknowledged by LCDC for a
number of jurisdictions in Oregon. If requested, WPS can provide copies of acknowledged
safe harbor regulations for city review.
Historic Sites and Structures
Woodbum should account for significant historic sites and structures in the buildable land
inventory. If there are sites or structures listed on the National Register and protected by
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local regulations, their boundaries should be mapped and excluded from the buildable land
inventory.
Goal 5 Conclusion
Goal 5 requires local govcmmants to inventory significant resource sites, identify conflicting
uses, and analyze the consequences of protecting, not protecting, or partially protecting each type
of resource. Woodbum's stream corridors and wetlands reduce the area of land within the UGB
available for development. Woodburn also has historic resources that may limit the
development potential of designated industrial sites. Once Woodbum has made a policy choice
regarding its treatment of stream corridors, wetlands and historic resources, these policy choices
must be factored into the buildable lands inventory (and industrial site suitability analysis) for
land within the UGB.
Goal 6: Air, Land and Water Resources Quality
Goal 6 requires that air, land, and water resource quality not be degrad as a result of
planned urban development. DE~ is responsible for administration .of .the Cl,ea,r Air A~t ~d the°
Clean Water Act at the state level. The way that cities meet Goal 6 is througn oemonstranon oz
compliance with Environmental Quality Commission (EQC) air, land and water quality
administrative roles. Water quality standards typically are met through EQC approval of plans
for sanitary sewer systems. DEQ also regulates point and non-point source emissions related to
water and air quality. Therefore, coordination with DEQ is the essential element in
demonstrating compliance with Goal 6.
Woodbum recently updated its Public Facilities Plan, which addresses storm drainage, sanitary
sewer, water and transportation projects necessary to accommodate planned growth within the
UGB. However, if proposed plan amendments increase the supply of induatrial land, then these
plans may need to be revisited to assess any increased impacts from planned industrial
development. IfUGB amendments are proposed, then compliance with Goal 6 must be
demonstrated. (See, for example, Concerned Citizens v. Jackson County [LUBA No. 95-225].)
Goal 6 Conclusion
Goal 6 requires that air, land and water resource quality not be degraded as a result of proposed
plan amendments. If industrial land is added to the UGB, then the city must demonstrate that it
has coordinated these changes with the Department of Environmental Quality to address any
increased impacts.
Goal 7: Areas Subject to Natural Disasters and Hazards
See, for example, OAR Chapter 240, Divisions 21, 35, 41 and 48.
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Goal 7 requires that cities and counties adopt measures to protect life and property from natural
hazards and disasters, such as slides and floods. Because Woodbum is relatively flat, it does not
have major slope hazards. Woodburn does, however, have considerable land within the 100-year
floodplain.
The Goal 10 Administrative Rule authorizes local governments to exclude land with slopes of
25% or greater, and land within the 100-year floodplain, from residential buildable lands
inventories. (See definitions ofbuildable land in OAR Chapter 660, Division 8.4) These factors
must be considered when assessing site suitability under the Goal 9 rule. (See OAR Chapter
660, Division 9.)
The 1999 Buildable Lands Inventory excluded the 100-year floodplain and slopes of 25% and
greater from the buildable lands inventory. (See Exhibit 1, Memorandum from W&H Pacific
dated June 25, 1999.)
However, more recently, DLCD has asked local governments to adopt regulations that prohibit
development on steep slopes and within the 100-year floodplain, if such land is to be considered
"unbuildable" for purposes of UGB analysis.5 Although we know of no case law that supports
this position, the city should be aware that this interpretation exists.
Goal 7 Conclusion
Woodburn must consider areas subject to natural disasters and hazards when assessing industrial
site suitability. Because Woodbum is located on relatively flat land, thc city's primary natural
hazard is flooding. The city's 2000 buildable lands inventory excludes land within thc 100-year
floodplain. Generally, land within the 100-year floodplain and on slopes of 25% or greater is
considered unbuildable.
Goal 8: Recreational Needs
Goal 8, as it applies within UGBs, has no implementing administrative rule. In Woodbum's
case, improving the city's park and recreation system probably will make the city more attractive
to fn'ms that may choose to locate in the area.
4 OAR 660-08-0005(2) reads as follows:
"2) 'Buildable Land' means residentially designated vacant and, at the option of the local jurisdiction,
redevelopable land within the Metro urban growth boundary that is not severely constrained by natural
hazards (Statewide Planning Goal 7) or subject to natural resource protection measures (Statewide
Planning Goals 5 and 15). Publicly owned land is generally not considered available for residential use.
Land with slopes of 2§ percent or greater unless otherwise provided for at the time of acknowledgment
and land within the l O0-year floodplain is generally considered unbuildable for purpnses of density
calculations."
s See, for example, 1999 comments from Mark Radabaugh and Bill Adams regarding McMiunville's buildable
lands inventory. See also dx'aR Goal 14 administrative rule (not adopted). DLCD has offered different
interpretations in many other acknowledgement orders. See, for example, Portland Metropolitan UGB or the
Eugene-Springfield Metro Plan acknowledgment orders.
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Generally, publicly-owned land that is reserved for parks is not considered available for private
economic development. This assumption is reflected in the 1999 Buildable Lands Inventory.
(See Technical Memorandum 1: Final Buildable Lands Inventory Methodology.)
Goal 8 Conclusion
There are unlikely to be any significant Goal 8 issues.
Goal 9: Economy of the State
ECONorthwest's pdma~ tasks are to conduct the "economic opportunities analysis" (EOA) and
determine whether Woodburn has an adequate supply of suitable sites available to meet the
needs of targeted industries, as required by Goal 9 and OAR Chapter 660, Division 9. The Goal
9 role resulted from 1983 legislation that required local governments to undertake economic
opportunities analyses to improve the state's then-lagging economy. Quoting from OAR 660-
09-000:
"The purpose of this division is to aid in achieving the requirements of Goal 9, Economy of the State
(OAR 660-015-0000(9)), by implementing the requirements of OP~ 197. 712(2)(a) - (d). The rule
responds to legislative direction to assure that comprehensive plans and land use regulations are
updated to provide adequate opportunities for a variety of economic activities throughout the state
(OP~ 197. 712(1)) and to assure that plans are based on available information about state and
national economic trends. (ORS 197. 717(2))."
"An Adequate Suoolv of Sites..."
ORS 197.712 makes it clear, among other things, that LCDC must ensure that cities provide "at
least an adequate supply of sites of suitable sizes, types, locations and service levels for
industrial and commercial uses" consistent with plan policies that address economic
opportunities in the community. ORS 197.712 reads as follows:
"197. 712 Commission duties; comprehensive plan provisions; public facility plans; state agency
coordination plans; compliance deadlin&
(1) In addition to the findings and policies set forth in ORS 197.005, 197.010 and 215.243, the
Legislative Assembly finds and declares that, in carrying out statewide comprehensive land
use planning, the provision of adequate opportunities for a variety of economic activities
throughout the state is vital to the health, welfare and prosperity' of all the people of the
stat~
(2) By the adoption of new goals or rules, or the application, interpretation or amendment of
existlng goals or rules, the commission shall implement all of the following:
(a) Comprehensive plans shall include an analysis of the community's economie patterns,
potentialities, strengths and deficiencies as they relate to state and national trend&
(b) Comprehensive plans shall contaln policies concerning the economic development
opportunities in the community.
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(c) Comprehensive plans and land use regulations shall provide for at least an adequate
supply of sites of suitable sizes, types, locations and service levels for industrial and
commercial uses conslstent with plan policies.
(d) Comprehensive plans and land use regulations shall provide for compatible uses on or
near sites zoned for specific industrial and commercial uses.'
Designation of Lands for Commercial and Industrial Uses
OAR. 660-009-0025 focuses on "measures" that cities must take to implement ORS
197.712.6 Key among these measures is designating sites that meet identified needs for
categories of employment uses. If plan amendments - especially UGB amendments - are
proposed, then it is critical that Woodbum make detailed findings demonstrating consistency
with these criteria.
"Measures adequate to implement policies adopted pursuant to OAR 660-009-0020 shall be
adopte,t Appropriate implementing measures include amendments to plan and zone map
designations, land use regulations, and public facility plans:
(1) Identification of Needed Sites. The plan shall identify the approximate number and acreage
of sites needed to accommodate industrial and commercial uses to implement plan policies.
The need for sites should be specified in several broad 'site categories; (e.g., light industrial,
heavy industrial, commercial office, commercial retail, highway commercial, et~) combining
compatible uses with similar site requirements. It is not necessary to provide a different type of
site for each Industrial or commercial use which may locate in the planning are~ Several
broad site categories will provide for industrial and commercial uses likely to occur in most
planning areas.
(2) Long-Term Supply of LantL Plans shall designate land suitable to meet the site needs
identified in section (1) of this rul~ The total acreaee of land desittnated in each site categor~
shall at least eaual the vroiected land needs for each cateeorv durine the 20-year t~lannine
t~eriod. Jurisdictions need not designate sites for neighborhood commercial uses in urbanizing
areas if they have adopted plan policies which provide clear standards for redesignation of
residential land to provide for such usea Designation of Industrial or commercial lands which
involve an amendment to the urban growth boundary must meet the requirements of O.4R 660-
O04-O010(1)(c)(B) and 660-004-0018(3)(a).
(4) Sites for Uses with Special Siting Requirements. Jurisdictions which adopt objectives or
policies to provide for specific uses with special site requirements shall adopt policies and land
use regulations to provide for the needs of those uses. Special site requirements include but
need not be limited to large acreage sites, special site configurations, direct access to
transportation facilities, or sensitivity to adjacent land uses, or coastal shoreland sites
designated as especially suited for water-dependent use under Goal 17. Policies and land use
regulations for these uses shall:
(a) Identify sites suitable for the proposed use;
(b) Protect sites suitable for the proposed use by limiting land divisions and permissible uses
and activities to those which would not interfere with development of the site for the intended
use; and
6 It is instructive to compare the Goal 9 rule requirements for "measures" with the "measures" that local
governments may take for increasing land use efficiency required under ORS 197.296. See discussion under Goal
14.
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(c) HOtere necessary to protect a site for the intended industrial or commercial use include
measures which either prevent or appropriately restrict incompatible uses on adjacent and
nearby lands."
Relationship to Goal 14
The above statuto~ and rule provision must be considered within the context of Statewide
Planning Goal 14, which requires cities to include sufficient buildable land within UGBs to
meet 20-year employment needs.7 The Goal 9 analysis addresses both the need for industrial
land (Factors 1 and 2 of Goal 14) and the locafional characteristics of needed industrial land
(Factors 3-7 of Goal 14). Goal 14 has also been interpreted by the LCDC such that the UGB
must include sufficient buildable land for "the planning period," and cannot have more than a
20-year land supply,a
The Woodburn Economic Opportunities Analysis will ad&ess, with specificity, the siting
nee& of a range of targeted industries and of industrial parks that typically accommodate
targeted industries. These siting needs are expressed quantitatively (site size) and
qualitatively (site location, topographic and service characteristics) for each targeted industry
or type of industrial development?
In most cases, by providing a 20-year supply of industrial land in the aggregate, the city will
also have a sufficient industrial land supply to meet the siting needs of specific targeted
industries. However, it is possible that the supply of suitable sites for a targeted industry or
type of development may be extremely limited, to the point of constraining the short-term
land market. For example, there may be only one available site that meets the need of a
targeted industry, which would not provide for choice in the marketplace. In such cases,
ORS 197.712(2) appears to allow local governments to amend the UGB to provide for such
choice. However, OAR 660-009-0025 specifically requires that sites that are included within
UGBs be specifically reserved for their intended employment use.
7 Note that the Goal 9 rule interprets the planning period as equal to 20 years.
8 The 1999 Oregon Legislature almost passed legislation that would mandate local and regional governments to
provide a 20-year supply of buildable industrial and commercial land within their respective UGBs. The 2001
Legislature is considering a similar bill. The Goal 9 rule now requires that there be sufficient land to meet
employment needs "within the planning period" (i.e., 20 years). Based on discussions with DLCD staff, LCDC is
likely to support 20-year buildable lands supply legislation in this legislative session. The draft Goal 14
administrative rule also mandates a 20-year industrial and commercial land supply.
9 Consider the following Goal 9 Rule definitions (OAR 660-009-0005):
"3) 'Locational Factors': Features which affect where a particular type of commercial or industrial operation
will locate. Locational factors include but are not limited to: proximity to raw materials, supplies, and services;
proximity to markets or educational institutions; access to transportation facilities; labor market factors (e.g.,
skill level, education, age distribution).
(4) 'Site Requirement': The physical attrtbutes of a site without which a particular type or types of indastrial or
commercial use cannot reasonably operate. Site requirements may include: a minimum acreage or site
configuration, specific types or levels of public facilities and services, or direct access to a particular type of
transportation facility such as rail or deep water access.
(5) 'Suitable ': ,4 site is suitable for industrial or commercial use if the site either provides for the site
requirements of the proposed use or category of use or can be expected to provide for the site requirements of
the proposed use within the planning period. '
City of Woodburn · Summary of Probable Statewide Planning Goal Issues
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In the end, an industrial land ledger sheet is required. The left-hand column identifies the site
characteristics and buildable land area needed for each targeted industry or type of industrial
development. The middle column describes buildable industrial sites available to meet this
need. The right-hand column identifies the surplus or deficit for each targeted industry or
type of industrial development. If there are sufficient suitable sites to meet identified needs
for the next 20 years, the inquiry is over. However, any deficits identified on the ledger sheet
must be addressed through the plan or code amendment process.
Goal 9 Conclusion
Woodbum must conduct an "economic opportunities analysis" that considers the city's
locational advantages and disadvantages in a regional context. Based on this analysis, the city
must identify the types of industries it would like to attract, and thc site characteristics required
by targeted industries. Next, the city must compare thc two. If the UGB has enough land that is
properly planned and zoned - that has the site characteristics required by targeted industries -
then Woodburn complies with Goal 9. However, if thc Woodburn UGB lacks sites that have the
site characteristics required by targeted indus~ics, then plan or code amendments arc necessary.
These amendments must be consistent with other Statcwidc Planning Goals- especially Goals 2,
5, 10, 11, 12 and 14.
Goal 10: Housing
Goal 10 requires cities to provide sufficient buildable land to provide affordable housing for
existing and future residents. Goal 10 reads as follows:
"To provide for the housing needs of citizens of the state. Buildablc lands for residential use shall
be inventoried and plans shall encourage the availability of adequate numbers of needed housing
units at price ranges and rent levels which arc commensurate with the f'mancial capabilities of
Oregon households and allow for flexibility of housing location, type and density."
Relationship to Goal 9
As discussed above, Statewide Planning Goal 2 requires that plans be internally consistent
and that implementation measures be adequate to carry out the policy direction of the
comprehensive plan. Woodbum has already conducted a housing needs analysis and
buildable lands inventory as required by Goal 10.l° This housing needs analysis is based
on assumptions about income levels of future Woodbum households, which are based on
economic projections. If household income assumptions were to change based on the
Economic Opportunities Analysis required by Goal 9, then the housing needs analysis
may need to change also. ECONorthwest will review the 1999 housing needs analysis to
ensure such internal consistency. If the housing needs analysis changes, this could affect
~o See Woodburn Buildable Lands and Urbanization Project (McKeever/Morris, Inc., February 7, 2000). See
especially "Housing Needs Analysis Memorandum" (E.D. Hovee & Company, June 28, 1999) and "Final Buildable
Lands Inventory" (W&H Pacific, June 25, 1999).
City of Woodburn · Summary of Probable Statewide Planning Goal Issues
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95
the area of buildable land needed for housing over the next 20 years. These changes must
be carefully documented, especially ifUGB amendments are proposed.
Relationship to Goal 14
Goal 14 requires cities to provide a 20-year land supply for housing. Across Oregon, most
land within UGBs is allocated to meet housing needs. At the same time, Goal 14 requires
a compact urban growth form and "maximum efficiency of land use." Prior to amending
UGBs, Goal 14 and ORS 197.198 require cities to examine whether greater residential
land use efficiencies can be achieved through zoning or other measures.
If comprehensive plan amendments are necessary to comply with Goal 9, then Goal 14
requires Woodbum first to look inside its UGB to meet industrial needs - before
considering rural and agricultural land outside the UGB. Like most cities, most of
Woodbum's buildable land supply is designated for residential use. Because there is so
much residential land, increasing residential density provides a major opportunity to
achieve greater land use efficiency. Therefore, Woodburn must carefully examine its
residential land supply, to determine whether some residential land can be re-designated
for industrial use,n before UGB amendments are considered. However, residential land
can only be re-designated for industrial if the change will not cause a shortage of
buildable residential land.
Goal 10 Conclusion
Goal 9 and Goal 10 analyses must be internally consistent. First, Woodbum must provide
sufficient buildable land within its UGB to meet housing needs for the next 20 years. Housing
need is a function of household income. The Economic Oppommities Analysis will help
determine Woodbum's economic future as well as the projected incomes of its residents. If
incomes rise, needed housing types and densities may change, which could effect the amount of
residential land that must be included within the UGB. Second, Woodbum may need more
industrial land to meet its employment objectives.
Before Woodbum can amdnd its UGB to meet industrial needs, the city must demonstrate that
residential land cannot be re-designated for industrial use. To do this, Woodbum must examine
whether residential land can be used more efficiently, while providing sufficient buildable land
to meet projected housing needs for the next 20 years. All of this analysis must be internally
consistent and documented in any plan and code amendment findings.
Goal 11: Public Facilities and Services
Goal 11 requires a demonstration that adequate public facilities and services can be provided to
serve buildable land within the UGB. The Goal 11 rulet2 also requires cities with populations of
11 This was ~ne ~ the primary purp~ses ~f the w~dburn Buildable Lands and Urbanizati~n Pr~ject.
~2 See OAR Chapter 660, Division 11.
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2,500 or greater to adopt "public facilities plans". The public facilities plan (PFP) must address
sanitary sewer, storm drainage, water and transportation facilities necessary to support planned
housing and employment growth. The PFP must identify need public facilities projects, their
approximate timing and est'anated costs. If plan amendments are proposed, it is important to
assess the impact of these plan amendments on the acknowledged public facilities plan -
especially Woodburn's ability to provide needed services to new induslrial sites. ORS 197.712
and the Goal 9 rule go further, as indicted below.
Relationship to Goal 9
The Goal 9 role interprets ORS 197.712 by requiting cities to identify "serviceable"
industrial sites "at the time of periodic review." "Serviceable" means those sites that now
have, or can be provided with sanitary sewer, water, storm drainage and transportation
services within one year? Our understanding of this rule provision is that when the initial
public facilities plan is prepared, cities of 2,500 or greater must distinguish between
serviceable and non-serviceable sites. However, later plan amendments are not required to
make this distinction. In
Relationship to the Transportation Planning Rule
The Tmn.~portation Planning Rule (TPR or Goal 12 Rule)) was adopted about a decade after
the Public Facilities Rule (Goal 11 Rule). Although transportation facilities are considered
"public facilities" under the Goal 11 Rule, the TPR includes much more demanding
requirements - especially where state highways are concerned.
Goal 11 Conclusion
At a minimum, the Goal 11 rule requires Woodbum to demonstrate that adequate sanitary sewer,
water, storm drainage and transportation services can be provided to all land within its existing
or proposed UGB - and especially to areas proposed for plan amendments or UGB expansion.
We recommend that the city update its public facilities plan (PFP) in conjunction with any plan
amendment package, to ensure compliance with Goal 11. We also request clarification fi.om
DLCD regarding whether the requirements of OAR 660-009-0025(3) apply to plan amendments
during this periodic review process.
13 OAR 660-009-0025(3) and (6).
OAR 660-009-0005(3) defines "serviceable" as follows:
6) 'Serviceable ': .4 site is serviceable if:
(a) Public facilities, as defined by O.4R Chapter 660, Division Il currently have adequate capacity to serve
development planned for the service area where the site is located or can be upgraded to have adequate
capacity within one year; and
(b) Public facilities either are currently extended to the site, or can be provided to the site within one year
ora user's application for a building permit or request for service extension."
However, OAR 660-009-0025 requires that local governments with populations of 2,5000 or greater make this
distinction only once - at the time of the initial periodic review:
"(3) Short-Terra Supply of Serviceable Sites. If the local government is required to prepare a public facility plan
by O.4R Chapter 660, Division 11 it shall complete subsections (a) through (c) of this section at the time of
periodic review. Requirements of this rule apply only to local government decisions made at the time of
periodic review. Subsequent imvlementation o for amendments to the comprehensive plan or the public facility
plan which change the suvolv of'serviceable industrial land are not subiect to the reauirements of this rule."
City of Woodburn · Summary of Probable Statewtde Planning Goal Issues
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97
Goal 12: Transportation
Goal 12 requires coordination with the Oregon Department of Transportation (ODOT) and
Marion County in the provision of a "safe, convenient and economic transportation system" that
"conforms with local and regional comprehensive land use plans." All modes of transportation
must be considered, while avoiding "principal reliance upon any one mode of transportation."
Transportation facilities must be inventoried and project needs determined. Transportation
facilities must "facilitate the flow of goods and services so as to strengthen the local and regional
economy."
The Transportation Planning Rule (TPR) and the Oregon Highway Plan (OHP) implement Goal
12. The TPR requires local governments to prepare a "transportation systems plan" (TSP) that
meets the requirements of OAR 660-012-020 through 055. The OHP is a component of
Oregon's Statewide Transportation Plan, and includes policies and investment strategies for the
state highway system over the next 20 years.
The 1996 Woodbum TSP identified a number of traffic problems that must be addressed during
the planning period. Key among these problems is congestion at the intersection of Interstate 5
and Highway 214. If industrial land is added to the Woodbum UGB, congestion at this
intersection is likely to increase beyond projected levels.
Comprehensive Plan Amendments
Woodbum has an acknowledged TSP. However, projects identified in thc Woodburn TSP arc
intended to serve planned development based on thc comprehcusive plan map as it existed in
1996. If changes arc made to comprehensive plan designations, then it is likely that the TS?
must bc amended as well.
The principal reason for comprehensive plan amendments in Woodbum would be to increase the
supply of suitable industrial sites within the UGB. When compared with rural or residential land
uses, industrial land uses generate relatively high levels of traffic, especially during peak hours.
Therefore, industrial plan amendments are likely to "significantly affect a transportation
facility,''~s which in mm triggers OAR 660-012-060 (TPR 060) review criteria?
15 According to OAR 660-012-060(2):
(2) A plan or land use regulation amendment significantly affects a transportation facility if it:
(a) Changes the functional classification of an existing or planned transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of lend uses which would result in levels of travel or access which are inconsistent
with the functional classification of a transportation facility; or
(d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP.
16 The most relevant case in this regard is DLCD v. City ofgrarrenton, 37 Or LUBA 933 (2000). In that case,
LUBA held that (1) a plan amendment that reduces the volume to capacity ratio over ODOT's established maximum
"significantly affects" a transportation facility; and (2) OAR 660-12-0060 also applies where the amendment would
"further degrade" an already failing (i.e., below standard) facility. In reaching this decision, LUBA relied on the
1999 Oregon Highway Plan, Policy 1F.6, which reads:
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98
According to the TPR, comprehensive plan map amendments that have a "significant impact on
land use" must either be scaled down or designed to generate less traffic - or the TSP must be
amended to include fa6ilities/measures that increase capacity:
(1) Amendments to functional plans, acknowledged comprehensive plans, and land use
regulations which significantly affect a transportation facility shall assure that allowed land
uses are consistent with the identified function, capacity, and level of service of the facility.
This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the planned function, capacity and level of
service of the transportation facility;
(b) Amending the TSP to provide transportation facilities adequate to support the proposed
land uses consistent with the requirements of this division; or
(c) Altering land use designations, densities, or design requirements to reduce demand for
automobile travel and meet travel needs through other modes.
It is our understanding that Woodbum is in the process of requesting a Transportation and
Growth Management Program (TGM) grant to update the Woodbum TSP consistent with revised
land use needs. It is critical that this grant recognize the relationships between land use and
transportation planning in Oregon.
Iterative Process
Prior to adoption of the TPR in thc early 1990s, land usc planning often occurred in a vacuum,
with transportation planning considered as an afterthought. TPR 060 now requires that land use
and transportation planning occur at the same time, and that each inform the other. Because
transportation facilities are' expensive, the cost of providing these facilities is often the limiting
factor in determining where industrial land should be located?
This iterative process is anticipated in the Goal 9 rule. In order to meet Goal 9 site suitability
requirements, industrial sites must be shown to have adequate transportation facilities and access.
In Woodbum's case, this means providing adequate access to Interstate 5 and constructing
transportation improvements that reduce congestion at the I-5 / Hwy 214 intersection. Thus, the
cost of providing adequate transportation facilities to potential industrial sites must be considered
early in the review process. If costs are too high, a given site may not be considered "suitable"
for industrial nsc.
"... for purposes of evaluating amendments to...acknowledged comprehensive plans and land use regulations
subject to OAR 660-012-0060, in situations where the [v/c ratio] for a highway segment, intersection or
interchange is above the standards [established in the OHP] and transportation improvements are not planned
within the planning horizon [usually, the next 20 years] to bring performance to standard, thc performance
standard is to avoid further degradation. If an amendment...to an acknowledged comprehensive plan or land
use regulation increases the [v/c ratio] further, it will significantly affect a transportation facility."
~7 Thc other key locational factor, of course, is the Goal 3 requirement to preserve agricultural land. This issue is
further addressed under Statewide Planning Goal 14, Urbanization.
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As discussed under Goal 14 below, the City should document how it has considered each the
three options listed under OAR 660-012-060(1).
· Limit Land Uses
This option can be addressed in one of two ways: first, by reducing the amount or type of
industrial land to reduce traffic; or second, by locating industrial uses to based on the
capacity of existing and planning transportation facilities.
· Provide Adequate Transportation Facilities
In Woodbum's case, this option may be the primary means of satisfying TPR 060
requirements. However, as indicated above, the high costs of transportation facilities may be
the limiting factor in the city's economic development program. Transportation facilities
must also be located so as to minimize impacts on agricultural land.
· Alter Land Use and Design Requirements
This option focuses on ways to reduce transportation impacts through techniques such as
mixed uses and design standards that encourage alternative modes of transportation. This
option must be considered as part of any successful economic development or transportation
improvement program.
Goal 12 Conclusion
Woodbum anticipates designating additional industrial land to meet its economic development
objectives. These land use changes would increase traffic and will "significantly affect"
transportation facilities, especially at the Interstate 5 / Highway 214 interchange. The
Transportation Planning Rule (OAR 660-012-060[ 1]) requires that Woodburn amend the TSP to
provide adequate transportation facilities and design standards to reduce transportation impacts.
Because of the relationship between land use and transportation, and the high costs of
transportation facilities, TPR 060 review is an iterative process.
Goal 13: Energy Conservation
The most significant Goal 13 issue is energy use in the transportation sector, particularly
automobile use. The thrust of Woodbum's economic development program is to increase local '
employment and to avoid becoming a long-commute bedroom community. Goal 13 requirements
can be met by using transportation facilities more efficiently, and minimizing vehicle miles
traveled by placing housing near employment.
Goal 14: Urbanizationfa
ts Much of this Goal 14 analysis resulted from a collaborative process with land use attorney Corinne Sherton as part
of the 1997 Canyonville, Oregon urban growth boundary process.
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100
Goal 14's purpose is: "To provide for an orderly and efficient transition from rural to urban land
use." Goal 14 applies to amendments expanding the City's urban growth boundary (UGB) that,
by definition, convert rural land to urban or urbanizable land. Goal 14 also applies to
amendments to the City's comprehensive plan and land use regulations that affect the conversion
of urbanizable land within the UGB to urban uses.
UGB Amendment Issues
Under Goal 14, UGB amendments arc governed by:
Seven UGB establishment factors set forth in Goal 14 itself;
· Priorities for adding land to aUGB set forth in ORS 197.298;and
· Goal exception requirements of ORS 197.732/Goal 2, Part II and
OAR 660-04-010(1)(c)(B) and 660-04-020.
Duc to the overlapping nature of these standards, they arc addressed in integrated form in this
section. The relevant issues are addressed under three topical sub-headings:
· The need to expand the city's UGB to include additional land;
· The choice of which land to add to the UGB; and
· Whether the chosen areas are serviceable and compatible with adjacent uses - especially
agricultural uses.
Need to Add Additional Land to UGB
Several applicable standards relate to this issue. Goal 14 factors 1 and 2 require the
demonstration of a "need" to add land to the UGB, based on long range population projections,
housing needs, providing employment opportunities and/or promoting livability.
ORS 197.232(1)(c)(A) and Goal 2, Part II(c)(l) require that "reasons justify why thc state policy
embodied in the applicable goals should not apply." However, OAR 660-04-010(1)(c)(B)(i)
specifically provides that this requirement can be satisfied by compliance with the seven factors
of Goal 14. Consequently, ORS 197.232(1)(c)(A) and Goal 2, Part II(c)(l) should be addressed
together.
ORS 197.232(1)(c)(B) and Goal 2, Part II(c)(2) require a demonstration that areas that do not
require a new goal exception "cannot reasonably accommodate the use." In the context of a
proposed UGB amendment, this requires a showing that the needs for urban uses cannot be
satisfied on land already within the UGB? This issue is also relevant to Goal 14 factor 4, which
requires the consideration of"maximum efficiency of land uses" within the existing urban area.
~9 This is because placing needed urban uses on rural land outside a UGB would require exceptions to Goals 11 and
14 and, in many instances also Goals 3 and 4. The only exception might be if the needed urban uses could be
accommodated in an "urban unincorporated community," as that term is defined in OAR 660-22-010(8). There is
one nearby unincorporated community in Marion County - Brooks. Fargo may also be a rural service center,
although this designation is currently under dispute.
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101
(1) Factors 1 and 2
(1)
Demonstrated need to accommodate long range urban population growth
requirements consistent with LCDC goals.
(2) Need for housing, employment opportunities, and livability.
Thc baseline for all Goal 14 analysis is the coordinated population projection. It is possible that
Woodburn may decide to revise this projection consistent with its economic development
objectives. Any change in population projection must be justified based on sound demographic
analysis, must consider the State Economist's projection for Marion County, and must be fully
coordinated with both Marion County and the State of Oregon.
The Economic Opportunities Analysis provides analysis necessary for determining the quality
and quantity of sites needed to comply with Goal 9 and Woodburn's economic development
objectives. As indicated under the Goal 10 discussion, the housing needs analysis and buitdable
land inventory will also need to be revised in the light of Woodbum's economic development
program. The need for public facilities (transportation, sewer, water, storm drainage, parks,
schools) must also be considered in the land needs analysis.
Based on recent case law, the City must clearly explain the assumptions used in projecting
housing, employment and livability needs.
(2) Factor 4; ORS 197.232(1 )(c)(B) and Goal 2, Part I1(c)(2)
(4)
Maximum efficianey of land uses within and on the fringe of the existing urban
area. "Areas which do not require a new [goal] exception cannot reasonably
accommodate the use."
OAR 660-04-020(2)(b), which implements ORS 197.232(1 )(c)(B) and Goal 2, Part II(c)(2),
further requires consideration of alternative areas considered that do not require a new goal
exception, and that there be an explanation of why the needed uses cannot be reasonably
accommodated on such land, and that this explanation consider increasing the density of use in
such areas. In Woodbum's case, these standards require a demonstration that the projected needs
for urban uses cannot be accommodated within the City's existing UGB, either by locating the
needed uses on vacant buildable land within the UGB or by increasing the existing or future
density of uses within the existing UGB.
This means that Woodbum must consider the potential for using land already within the UGB
more efficiently. This requires explicit eousideration of whether changing plan designations
within the UGB can be used to increase density, and whether individual vacant lots within the
UGB can be assembled to produce larger areas of buildable land to provide for the proposed
uses. The justification for the UGB expansion must explain the City's effoxts to intensify land
uses with in the existing UGB to meet a portion of the identified need.
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102
Selection of Land to Add to UGB
The selection of land to add to the UGB is governed by several overlapping standards or sets of
standards. ORS 197.298 establishes a system of priorities for selecting land to be added to a
UGB. Both ORS 197.298(2) and Goal 14 factor 6 require that land with lower agricultural
capability be given higher priority for inclusion. In addition, ORS 197.732(1)(c)(C) and Goal 2,
Part II(c)(3) require that the long-term environmental, economic, social and energy (ESEE)
consequences resulting from adding the selected areas to the UGB are not significantly more
adverse than would result from adding alternative areas to the UGB.
Goal 14 Factor 5 also requires consideration of the ESEE consequences of adding the selected
areas to the UGB. Finally, pursuant to Goal 14 factors 3 and 4, the consideration of alternative
areas should include their relative serviceability and efficiency of location in relation to the
existing urban area. Woodbum must also describe and justify its process for identifying study
areas outside the UGB, and then describe and analyze the characteristics of each of the study
areas.
(1) Factor 6; ORS 197.298
(6)
Retention of agricultural land as defined; with Class I being the highest priority
for retention .and Class VI the lowest priority.
ORS 197.298(1) requires that the following priorities be used in selecting land for inclusion in a
UGB (in order of higher to lower priority for inclusion):
(l) Land designated as an urban reserve under ORS 197.298.
(2) Exception areas or nonresource land adjacent to the UGB.
(3)
(4)
Land designated as marginal land under ORS 197.247.
Land designated for agriculture or forestry in an acknowledged comprehensive
plan.
ORS 197.298(2) requires that land of "lower capability as measured by the [U.S. Natural
Resources Conservation Service (NRCS) agricultural soil] capability classification system or by
cubic foot site class, whichever is appropriate for the current use," be given higher priority for
inclusion in a UGB. However, ORS 197.298(3) allows land of lower priority to be included in a
UGB in the following circumstances:
(a)
(b)
Specific types of identified land needs cannot be reasonably accommodated on
higher priority lands;
Future urban services could not reasonably be provided to the higher priority
[lands] due to topographical or other physical constraints; or
(c)
Maximum efficiency of land uses within a proposed [UGB] requires inclusion of
lower priority lands in order to include or provide services to higher priority
City of Woodburn · Summary of Probable Statewide Planning Goal Issues
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103
lands.
The UGB justification must explain how the priorities of ORS 197.298(1) are satisfied after
considering acknowledged exception areas adjacent to the UGB and nearby unincorporated rural
communities. In order to satisfy ORS 197.298(2) and (3) and Goal 14, Factor 6, higher capability
agricultural must be retained outside the UGB. High Value agricultural soils (as described in
OAR Chapter 660, Division 33, Agricultural Lands), should not be included within the UGB if
there are reasonable alternatives. Agricultural Class III and IV soils should be included before
Agricultural Class I and II soils.
(2) Factors 3 and 4
(3) Orderly and economic provision for public facilities and services.
(4)
Maximum efficiency of land uses within and on the fringe of the existing urban
area.
In evaluating alternative areas for possible inclusion in the UGB, these factors require
consideration of their relative serviceability, suitability for efficient urban land uses, and location
in relation to the existing urban area. The Goal 12 iterative analysis process described above is
directly applicable here, beeanse transportation facilities are also "public facilities" under Factor
3. Detailed findings regarding the city's capacity to serve both the existing UGB and the
expanded UGB must be provided with respect to sanitary and storm sewer, water, and
transportation services.
(3) Factor 5; ORS 197.232(1)(c)(C) and Goal 2, Part I1(c)(3)
(5) Environmental, energy, economic and social consequences.
The long-term [ESEE] consequences resulting from the use of the proposed site with
measures designed to reduce adverse impacts are not significantly more adverse than
would typically result from the same proposal being located in areas requiring a goal
exception other than the proposed site.
OAR 660-04-020(2)(c), which implements ORS 197.732(1)(c)(C) and Goal 2, Part II(c)(3),
requires a description of the characteristics of the alternative areas considered, a discussion of the
"typical advantages and disadvantages" of including each area in the UGB, and identification of
the "typical positive and negative consequences" resulting from including the selected areas in
the UGB, "with measures designed to reduce adverse impacts." OAR 660-04-020(2)(c) also
requires an explanation of why the ESEE consequences of adding the selected areas to the UGB,
are not significantly more adverse than adding the altemative areas to the UGB.
Therefore, the UGB analysis must describe the level of development projected for the areas
added to the UGB. This analysis must also identify proposed measures designed to reduce
adverse impacts (e.g., riparian corridor or floodplain provisions). Finally, the analysis must
City of Woodburn · Summary of Probable Statewide Planning Goal Issues
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104
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Woodburn Chamber of Commerce Monthly Office Statistics
Month Relocate Visitor Chamber Inside Outside Total Inside Outside Total Current E-Mail Web Hits Total
Packets Information Business Ore, ion Ore,IOn Ore,ion Oregon Festival Contacts
January 9 I 14 206 112 7 325 93 1 94 TF 3 542 8258 9242
February 17 ~ 20 184 115 12 311 121 36 157 TF20 595 10070 11170
March 57 17 184 201 20 405 252 82 334 TF 150, MF 2 520 13422 14755
April 12 15 171 196 14 381 301 146 447 TF 147, DF 5, Iris 5 702 14181 15738
May 9 7 208 185 11 404 207 69 276 Iris 21, DF 42 477 11444 12617
June 6 3 250 263 16 529 287 95 382 DF 135 521 12174 13615
July 7 i 13 126 139 9 274 192 149 341 4th 15, BH 14, MF 14 524 12008 13167
August ! 0 0 0
September 0 0 I 0
October 0 0 ' 0
November 0 0 0
December 0 0 0
YTD 2004 117 89 1329 1211 89 2629 1453 578 2031 573 3881 81557 90304
Total 2003 114 64 2049 1965 113 4127 2307 929 3236 544 6272 11191 25004
Total 2002 143 88 3006 1941 166 5108 2824 1007 3831 505 4216 5533 18919
Total 2001 N/A N/A 1573 1733 180 3486 1872 824 2696 357 N/A 2531 6182
Total 2000 N/A N/A 3048 2394 345 NIA NIA 5442
TF Tulip Festival
DF )rums of Fire
BF Berry Festival
MF Mexican Fiesta
OK Oktoberfest I
Iris Iris Garden
4TH 4th of July] ~ --
BH Basset Hounds
Top Web Pages: I ]
March Tulip Festival, Wdbn Company Stores, Visitor Info, LodgingI
April Tulip Festival, Chamber Directory, Visitor Info, Local Wdbn Events, Newsletter, Government Affairs
May Directory, Visitor Info, Events, Drums of Fire, Shopping, Parks & Rec, Numbers, Lodging I
Jul)' Director~, Woodburn Area Visitor Info, Local Events, Shoppin~h Mailin~l list, Important Phone numbers, Parks/Rec, 2004 Basset Games