CITY OF PHILOMATH CITY COUNCIL June 14, 2021

Mission Statement To promote ethical and responsive municipal government which provides its citizenry with high quality municipal services in an efficient and cost effective manner.

For meeting access information and opportunities to comment, see the last page of the agenda.

WORK SESSION AGENDA 5:30 P.M.

A. ROLL CALL

B. WORK SESSION 1. Strategic Plan Review

C. ADJOURNMENT

REGULAR MEETING AGENDA 7:00 P.M.

A. ROLL CALL

B. CONSENT AGENDA The following items are considered to be routine and will be enacted in one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered separate from Consent Agenda. 1. City Council minutes of May 10, 2021 2. City Council Work Session notes of May 10, 2021 3. City Council Work Session notes of May 24, 2021 4. Council support letters for Bias Response Initiative at COG level

C. INVITED PRESENTATIONS

D. PUBLIC HEARINGS 1. Fiscal Year 2021-2022 City Budget 2. Sale or Trade of Surplus Property – Steel Frame Self-Service Car Wash Structure at 1340 Main 2.1 Resolution 21-07 – Declaring Surplus Property 3. Alley Vacation Request – Applicant: Andrew Wenger

E. VISITORS AND PETITIONS (See Opportunities to Comment information below) This time is intended for individuals to speak and Council to listen. Members of the Council will not discuss topics or make decisions during this time, but may take comments or requests under advisement, assign topics to a future Council or Standing Committee agenda, or request staff to take action. Comments about a topic scheduled for a public hearing should be given during the hearing, not during visitors and comments. Testimony time is limited to 3-minutes per speaker; a 30-second warning will be provided. Speakers should provide their name and city of residence. Providing the Council with written copy of your comments prior to or during the meeting is greatly appreciated.

Philomath City Council Meeting June 14, 2021 Page 1 of 3 www.ci.philomath.or.us

F. UNFINISHED BUSINESS 1. Proposed amendments to PMC Chapter 18 Zoning regarding RV Parks and Chapter 9.15 regarding Nuisances a. Findings of Fact b. Ordinance #848 – Amending PMC Chapter 18 regarding RV Parks

G. NEW BUSINESS 1. Planning Commission Appointment 2. Annual review of Resolution 20-11 Proclaiming Inclusivity 3. ODOT Right of Way Intergovernmental Agreement 4. Request for Tourism Funds 5. Review of Resolution 21-03 Declaring extension of an emergency – COVID-19

H. ORDINANCES & RESOLUTIONS 1. Ordinance #846 – Implementing a 9% Transient Lodging Tax 2. Ordinance #847 – Adopting SDC Methodology Reports for Water, Sewer, Transportation and Parks

I. AD HOC COMMITTEE REPORTS 1. Social Media Policy Committee 2. Inclusivity Committee

J. LIAISON / COUNCIL REPORTS Council liaisons are invited to provide written comments prior to the meeting or come with a short oral report. 1. Councilor Biscoe Report: HOPE Advisory Board, WCJC and Farmers’ Market outreach 2. Councilor Low Report: Philomath Foundation

K. STAFF REPORTS 1. City Attorney 2. City Recorder 3. Finance Director 4. Police Chief 5. Public Works Director 6. City Manager

L. INFORMATION & CORRESPONDENCE 1. Philomath Connection bus ridership for May 2021 2. June City Newsletter 3. Park Advisory Board minutes of May 13, 2021 4. Email from Councilor Nielson regarding Councilors at the Farmers’ Market 5. Email from Councilor Causey regarding Frolic & Rodeo 6. Email from T. Young regarding grocery store effort, Buy an Onion? 7. Email from S. Heath regarding fire hazards 8. Finance & Administration Committee minutes of June 1, 2021 9. Finance & Administration Committee minutes of June 8, 2021

L. ADJOURNMENT

Philomath City Council Meeting June 14, 2021 Page 2 of 3 www.ci.philomath.or.us Meeting Access Information This meeting is being held via video conference on the Zoom platform. Prior to the meeting, participants will be provided with the meeting link. All others may watch a live feed of the meeting on the City's Facebook page: https://www.facebook.com/cityofphilomath. This is a public page; no account or user fee is required. If you do not have internet access, contact the City Recorder to make viewing arrangements.

Given two business days’ notice, an interpreter can be provided for the hearing impaired or those with limited proficiency in English. Contact the City Recorder to make interpreter arrangements.

Opportunities to Comment Methods: Must be received by: 1. Sign up to speak by contacting the City Recorder 4:00 p.m. the day of the meeting 2. Email written comments to the City Recorder 12:00 p.m. the day of the meeting 3. Drop written comments in the City Hall drop box 12:00 p.m. the day of the meeting 4. Mail written comments to the City Recorder 12:00 p.m. the day of the meeting

City Recorder Ruth Post; 541-929-6148; [email protected]; PO Box 400, Philomath, OR 97370

UPCOMING CITY MEETING AND EVENTS (as of 6/9/2021) June 9 6:00 PM Streetscape Design Review Committee June 10 5:00 PM Park Advisory Board June 14 5:30 PM City Council Work Session June 14 7:00 PM City Council Regular Meeting June 14 7:00 PM Philomath Urban Renewal Agency June 21 6:00 PM Planning Commission June 23 6:00 PM Streetscape Design Review Committee June 28 5:30 PM City Council Work Session June 28 7:00 PM City Council Regular Meeting June 28 7:00 PM Philomath Urban Renewal Agency

All public meetings are being held via video conference on the Zoom platform. Meetings may be cancelled or postponed. Refer to the City Meetings & Events calendar on the City’s website for the most up-to-date meeting information.

Philomath City Council Meeting June 14, 2021 Page 3 of 3 www.ci.philomath.or.us Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Councilor Causey

From: Ruth Causey To: Chris Workman; Ruth Post Subject: Re: Work Session Slides Date: Tuesday, June 1, 2021 7:48:47 AM

Chris and Ruth, My apologies for not getting this back to you on Friday. There is only one item I would like to add to goal 5: Implement a community-wide emergency preparedness plan.

Thank you very much,

Ruth Causey Philomath City Council

This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing of other use of the email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer. Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Councilor Causey

prepared for discussion. I don’t anticipate many changes to the goals, but expect there may be a few new potential objectives to consider. The Council will want to focus in on any objectives that may have an impact on the budget this year. Obviously, if it is not an objective of the Council, we should not be spending time or money on it, which brings me to the third item...

We have taken on a very aggressive workload. When I look over the number of large projects we have committed ourselves to and the tight schedules associated with each of them, it’s easy to start feeling overwhelmed –and very excited at the same time! The new water treatment plant and reservoir, the Streetscapes project, Comprehensive Plan update, Landmark Drive LID, 11th Street improvements, 16th Street improvements, Veterans park, the new park on Chapel Drive, ongoing subdivision buildouts, and potential industrial and residential annexation and development applications top the list. It’s a lot to look forward to, and a lot for our small staff to handle.

I believe we are up for the task, but it does mean our plates are full. I hope the Council will keep this in mind when considering new projects for the City to take on. This email is getting long and I’m late for my date night with Jenny, so let me just say I am really looking forward to the next three years of getting these huge projects completed with you. Please just realize that the next three years are going to be very busy with what has already been planned and we now need to carry out, so there may be some very cool projects or very good ideas that are simply going to have be placed on the Strategic Plan and schedule to complete 3-5 years from now. It’s not because they are not great ideas or projects, but if they aren’t more important than the items we are currently working on, they are just going to have to wait until we finish up some of our current projects and they then become higher priorities.

I hope that helps set the stage a bit for Monday night’s work session and saves some time during the meeting discussing non-budget impacting items or items that are of lower priority for the Council. I appreciate all you do. Have a great weekend,

Chris Workman 541-870-2886 This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer.

Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Outline Summary

Theme 1: Responsive, Effective & Transparent Governance (pg. 6) Goal 1.1: Maintain budget for a healthy carryover within all funds Goal 1.2: Enhance current levels of operations and city services Goal 1.3: Regular Council Engagement with Citizens Goal 1.4: Cyber-Security Resiliency Plan

Theme 2: Healthy Economy (pg. 9) Goal 2.1: Advance the Downtown Safety & Streetscapes Project Goal 2.2: Let the County, State and region know that Philomath is open for business Goal 2.3: Develop and Expand Philomath Tourism

Theme 3: Strong & Resilient Infrastructure (pg. 13) Goal 3.1: Update, adopt and implement all Master Plans Goal 3.2: Preserve and enhance the Sewer infrastructure Goal 3.3: Preserve and enhance the Water infrastructure Goal 3.4: Preserve and enhance the Stormwater infrastructure Goal 3.5: Preserve and enhance the Street infrastructure Goal 3.6: Implement GIS tools and services into Public Works Goal 3.7: Improve resiliency of public infrastructure

Theme 4: Great Neighborhoods (pg. 18) Goal 4.1: Support inclusive community outreach to improve communication channels Goal 4.2: Maintain optimal level of transit services Goal 4.3: Implement Park Master Plan and encourage community events Goal 4.4: Update the City’s Comprehensive Plan

Theme 5: Safe Community (pg. 19) Goal 5.1: Ensure public safety by protecting people and property

Appendix A: Objectives and Actions items completed in previous years (pg. 24)

Key to Tables N/A Indicates the objective/action was not in the Plan in this year. XX Indicates the objective/action was not scheduled to take place this year.

1 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Theme 1: Responsive, Effective & Transparent Governance

Goal 1.1: Maintain budget for a healthy carryover within all funds

Objective 1.1.1: Bring General Fund’s ending fund balance up to the equivalent of five month’s operating expenses, whichever is greater.

Action: Enact and maintain a fee to increase revenue coming into the general fund.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Renewed Renewed Renewed Mar 2018 Mar 2019 Mar 2020

Action: Adopt annual budgets that add to the ending fund balance each year.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Adopted Adopted Adopted June 2018 June 2019 June 2020

Objective 1.1.2: Promote City efforts and accomplishments in managing finances.

Action: Notify the public once the annual audit is placed on the city website

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Completed Completed Audit is Nov 2018 Nov 2019 underway

Action: Provide clear reports in the city newsletter each publication (12 per year), highlighting an area of city operation.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 9 of 12 10 of 12 6 of 8 months months months

Action: Notify the public of budget meetings and when the approved budget is available on the city website in effort to communicate the City’s financial transparency.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Completed Completed Completed

Objective 1.1.3: Continue practice of having an annual audit performed.

Action: Review the audit thoroughly and publish the results.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Presented Presented Audit is Nov 2018 Nov 2019 underway

Goal 1.2: Enhance current levels of operations and city services

Objective 1.2.1: Implement appropriate technology to improve efficiency and expand transparency

2 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Utilize and report on new technologies implemented to make work more efficient

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Setup PageFreezer for Posting all digital archiving; meetings to Made email to Council Facebook members easier; and for live Posted audio stream and recordings of meetings playback; online. Updated website and added content

Action: Add a form to the website that allows the public to recommend that the city make a proclamation that also requires them to provide draft language to be considered by the Mayor/Council. [Chas provided examples to the City Recorder on March 30]

Objective 1.2.2: Ensure the schedule for the City’s Fee, utility fee, and planning fee are fair and equitable

Action: Complete a fee schedule comparison prior to adopting changes to the utility fee schedule.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Completed Completed Mar 2018 Mar 2019

Action: Complete a fee schedule analysis prior to adopting changes to the planning fee schedule.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 No No Changes Changes

Action: Complete a fee schedule analysis prior to adopting changes to the city fee schedule.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Completed No Sept 2018 Changes

Objective 1.2.3: Strengthen Regional Cooperation

Action: Contact appropriate affiliate when implementing an action item. Affiliates include but are not limited to: Willamette Criminal Justice Council, Oregon State University, Oregon Cascade West Council of Governments, Thriving Communities Initiative and League of Oregon Cities.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 ODOT: ODOT: ODOT: Streetscape Streetscape Streetscape Project; ped Project; Project; crossing. COG: NAACP, COG: Wetlands COG, Wetlands Legislation Oregon Legislation Black Pioneers

Objective 1.2.4: Save money each year for future building renovations and construction. 3 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Allocate money in the budget each year toward renovation and construction of City buildings within the Land Building and Equipment Fund.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Transferred Transferred Transferred $165,000 to $47,000 to $240,000 to LB&E Fund LB&E Fund LB&E Fund

Objective 1.2.5: Consider amending the City Charter to allow for staggered four-year city council terms. Action: Draft amendment language and hold public hearing.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Completed. Measure Amendment approved is on the by voters Nov. Ballot Nov 2020

Objective 1.2.6: When possible, respond to citizen requests and experiences with small, incremental, low cost solutions or actions in a timely manner rather than requiring larger analyses or program development. Goal 1.3: Regular Council Engagement with Citizens

Objective 1.3.1: Administer a satisfaction survey for city-provided services

Action: Scope the cost and expected results of a survey.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A

Objective 1.3.2: Provide written content of material from the Council for use in the local paper, city newsletter, etc.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A

Objective 1.3.3: Hold in-person sessions with the public throughout the year

Action: Have “Coffee with a City Council Member” sessions quarterly.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A Mayor event 2/3/21

Action: Have a Town Hall meetings on topics of interest to the city.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A Planned 11/2020

4 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Goal 1.4: Cyber-Security Resiliency Plan

Objective 1.4.1: Adopt and maintain a relevant Cyber-Security Resiliency Plan

Action: Work with Benton County Emergency Management, CityCounty Insurance Services (CIS) and Oregon Cascades West Council of Governments (OCWCOG) to identify best practices in cyber-security resilience and customize a plan for the City.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Policy adopted 4/20

Action: Test the plan against a likely attack at the staff level and report the findings of the test to the Council.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A

Theme 2: Healthy Economy

Goal 2.1: Advance the Downtown Safety & Streetscapes Project

Objective 2.1.1: Approve a final design that includes access to businesses.

Action: Establish a Stakeholders Committee to advise on design by June 1, 2017 FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Construction Planning Survey given bumped to 2022; Commission at farmers committee to is serving market and start in 2020 this capacity open house

Objective 2.1.2: Revitalize Downtown Action: Create Advisory Panel to move Streetscapes project implementation forward

Action: Revamp the Façade Improvement Program, adding a match-required forgivable loan aspect. Create and implement a private property incentive program for redevelopment/structural repair of downtown buildings once Streetscape project is complete.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX XX XX XX

Action: Utilize Urban Renewal dollars to maximize redevelopment efforts in Downtown Philomath with strategic public investments to spur private investments following completion of the Streetscape project.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX XX XX XX

5 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Establish Design Standards for the downtown area to complement the streetscapes theme.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A City Planner has begun developing and reviewing with Planning Commission

Action: Enable and promote events in the downtown area.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A Delayed due to COVID

Objective: Assess the concept of incorporating a town square in downtown Philomath for providing a gathering place for the community and encouraging the creation of an active downtown core area. Goal 2.2: Let the County, State and region know that Philomath is open for business

Objective 2.2.1: Current Assessment of City Business/Industrial Sites

Action: Apply for a grant funding to complete an analysis of all businesses and industrial sites currently operating within Philomath. List includes name of business/industry; years in business (in total and within Philomath) number of employees; property tax generated; other relevant information.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Applied for Not Contracted funding awarded. with Contracted Chamber with for info Chamber to gather information

Objective 2.2.2: Establish a business toolkit to make it easier for new business to get established in town and support existing businesses.

Action: Update website with information including important contacts, available lenders, small business resources, permit estimates, zoning information and basic startup information.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Some Added Added updating, additional additional more info info needed

Action: Add information about RAIN Oregon to the City website, including links to resources.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24

6 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

N/A Not Completed completed

7 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Objective 2.2.3: Create and maintain a dialogue between city officials and local businesses in regards to things that the City can do to assist local businesses; respond to all economic development information requests.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Responded Established Chamber to 3 referrals Small Business sends from Benton Grant in emails to County, 2 response to businesses from RAIN COVID-19 regularly; mayor contacts businesses as appropriate

Objective 2.2.4: Create an encouraging environment for the development and expansion of desired businesses. Collaborate with organizations focused on business retention, expansion, startup development, and entrepreneurship to establish new firms and strengthen existing businesses.

Action: Conduct regular visits to businesses and industries as an ambassador. Address regulatory barriers and provide resources that enable development and retention of businesses in Philomath. Connect local businesses with available resources including the Chamber, CWCOG, SBA, and Small Business Development Center at LBCC

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Established MVP Mid-Valley priorities Partnership delayed due to COVID

Objective 2.2.5: Participate in meetings of partner organizations. Share and communicate our economic development goals and policies with our partners. Maintain positions on any boards of our partner organizations.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Completed CM attending BC EDev & OCWED

Action: Establish a Council Liaison position with the Benton County Economic Development Committee.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Not Completed Completed

Objective 2.2.6: Maintain strong interoffice communication to deliver prompt and accurate responses to economic development information requests. Apprise the City Council of economic development projects and identify regulatory barriers to these projects.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Addressed Advocated wetlands for legislation with 404 to fund DSL 8 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

assumption position legislation

9 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Objective 2.2.7: Consider an enterprise zone in the industrial zones to encourage development

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Not Not Completed Completed

Objective 2.2.8: Consider forming an Economic Development Committee to take the lead on business outreach.

Action: Approve language in the municipal code to establish the committee including organizational structure, appointments, terms, responsibilities, etc. Select members and assign a Council representative to attend Committee meetings with regular reporting.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Not Completed

Action: Partner with other entities such as OSU, LBCC, and other businesses or nonprofits to further economic development outreach.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Partnered Continued Awarded with 7 cities Partnership grant for to form with MVP MVP to Mid-Valley fund Partnership Oregon RAIN

Goal 2.3: Develop and Expand Philomath Tourism

Objective 2.3.1: Support the Marys Peak to Pacific Scenic Byway

Action: Participate in the official ribbon cutting event in the Spring of 2020.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A cancelled XX XX XX XX

Action: Assign a Council member to the Scenic Byway management committee and receive periodic updates of the committee’s meetings.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A

Objective 2.3.2: Support efforts to improve Skirvin Park, home of the Philomath Frolic & Rodeo

Action: Task the Council liaison to participate in the Stakeholder Committee meetings for the master plan project and provide updates of the committee’s progress.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Meetings Assigned delayed Councilor

10 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Objective 2.3.3: Support organizations that service or promote tourism in the City

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Applied for Tourism grant in partnership with Frolic

Objective 2.3.4: Consider implementation of a transient lodging tax (TLT) to fund future investments in tourism

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A Reviewed; DOR process is now ready

Theme 3: Strong and Resilient Infrastructure

Goal 3.1: Update, Adopt and Implement all Master Plans

Objective 3.1.1: Update the Stormwater Master Plan by 2020

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Applied underway for grant

Goal 3.2: Preserve and Enhance the Sewer Infrastructure

Objective 3.2.1: Reduce excessive Inflow and Infiltration (I & I) in the sewer collection system to prevent excessive flows in the Wastewater Treatment facility. [Public Works]

Action: Use the Capital Improvement Plan (CIP) as the guide, repair or replace identified collection system pipes having the largest amounts of recorded I & I.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Plan and Engineering Engineering Budget to on 11th St on 11th Street; transfer to Streetscapes LBE Fund Storm system

Action: Utilize remote camera and other new technology to identify problem areas.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 TV 1/3 of TV 1/3 of TV 1/3 of TV 1/3 of TV 1/3 of TV 1/3 of the City the City the City the City the City the City

11 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Objective 3.2.3: Replace old, unreliable sections of the City’s sewer mains (1952 era, etc.)

Action: Follow the Wastewater Master Plan priority list; complete projects as funding allows.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Planning Fixed for future I & I on projects 12th St

Objective 3.2.4: Extend land use application capacity

Action: Construct irrigation line from lagoons to the east side of Bellfountain Road.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Project XX pending farmer’s readiness

Objective 3.2.5: Cleanout locating project

Action: TV all new sewer lines before acceptance and at the 11 month mark of each project.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Completed Completed Oak Springs and Boulevard

Objective 3.2.6: Smoke test a third of sewer system each year for 3 years, then as needed

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 1/3 No completed completed

Objective 3.2.7: Sewer installation on upper and lower Benton View Drive (Requires Engineers report; public hearing; and funding allocation [possibly Local Improvement District

Action: Order and fund engineer’s report.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Not Delayed Completed due to COVID

12 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Goal 3.3: Preserve and Enhance the Water Infrastructure

Objective 3.3.1: Replace undersized water lines in conjunction with street projects

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Completed N 15th St; engineering for 11th St

Objective 3.3.2: Analyze water availability from other sources.

Action: Meet with Adair Village, Corvallis, Monroe and Benton County to consider possibility of a region-wide water district.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Met twice; Ongoing continuing meetings discussions with cities for redundancy

Action: Consider advanced treated recycled water for direct potable reuse as a new water source option.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Concept introduced Abandoned XX XX XX XX in meeting with OSU due to constraints

Objective 3.3.3: Construct new water treatment plant

Action: Reporting and work will continue in subsequent years until the project is completed.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A XX Targeted construction year

Action: Prepare Communication Action Plan to keep the community up to date on project progress.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Webpage created; continuing to update

Objective 3.3.4: Abandon water line on Chapel Drive from 13th to 15th street upon completion of 3.2.2 by 2020

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Completed XX XX XX XX

13 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Goal 3.4: Preserve and Enhance the Stormwater Infrastructure

Objective 3.4.1: Renew pipe sections of the Storm Sewer System listed in the Capital Improvement Plan to more effectively remove standing water from our streets. Action: Use the Capital Improvement Plan (CIP) as our guide, make improvements to identified areas of the system nearest to the river to support drainage capacity of the outlying areas of the system.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A XX

Goal 3.5: Preserve and Enhance the Street Infrastructure

Objective 3.5.1: Keep existing streets in good repair with chip sealing, crack sealing and overlays when available, following the Transportation System Master Plan priority list of projects.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Used Small City Applied Allotment Grant for Small to chipseal local City streets Grant

Objective3.5.2: Monitor traffic counts on local streets and maintain counts over time.

Action: Purchase radar signs that control speed limits and capture traffic count data.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Purchased Received one sign, 2nd grant, Submitted waiting grant for to make one more purchase

Objective 3.5.3: After a 50% majority of residents within the F Street Road district are in favor of the project, consider forming a local improvement district (LID) and build N. 12th Street to current city standards from Pioneer to the north terminus (Generate scope, engineers report, identify funding source [possibly a Local improvement district], and initiate construction)

Action: Work with the F Street (N 12th Street) Road District on the formation of a Local Improvement District. City recognizes that the Road District should have at least a 50% majority in favor of proceeding before the City becomes involved in the planning effort of forming a LID.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 No new Provided action info to taken road district leaders Action: Complete scoping and engineering for the project; set timetable.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 No new action taken

14 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Construct storm and street project.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 No new action taken

Objective 3.5.4: Form a local improvement district (LID) and build N. 11th Street to current city standards from Pioneer to the north terminus

Action: Complete scoping and engineering for the project; set timetable.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Engineering underway

Action: Construct storm and street project.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A

Objective 3.5.5: Encourage development of N 9th Street to current city standards from Pioneer Street north with Benton County and CAMPO

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A

Objective 3.5.6: Consider review of city standards for infrastructure that is not upgraded.

Goal 3.6: Implement GIS Tools and Services into Public Works

Objective 3.6.1: Map infrastructure features for each utility and city park

Action: Map all sewer lines, manholes, service laterals, cleanouts, air/vac valves, etc.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 95% mapped

Action: Map all water lines, valves, hydrants, meters, air/vac valves, Claval valves, sample sites (all), backflows and other appurtenances.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 95% mapped

Action: Map of all storm lines, manholes, catch basin laterals, cleanouts, catch basins, outfall locations, sample locations and other appurtenances.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 95% mapped

Action: Map all sidewalks, street signs, crosswalks, easements, ROW, street type, street lights and other appurtenances.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 0% mapped

15 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Map all play equipment, trees, tree maintenance, playground inspections and other appurtenances.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 0% mapped

Objective 3.6.2: Develop, implement, then review a security policy and ensure compliance with Homeland Security and other state or federal requirements.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX XX XX XX XX scheduled review

Goal 3.7: Improve resiliency of public infrastructure

Objective 3.7.1: Complete seismic upgrades to water reservoir identified in the Water Master Plan

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX

Theme 4: Great Neighborhoods

Goal 4.1: Support inclusive community outreach to improve communication channels.

Objective 4.1.1: Provide Citizens’ Academy to connect with and educate residents.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 6 12 Postpone graduates graduates to January

Objective 4.1.2: Complete internal review of public outreach and compare findings to other communities and recommended best practices.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX

Objective 4.1.3: Staff to present year-end statistics on residential, commercial, and industrial growth and inventory to the City Council annually.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Not Completed completed 12/20

16 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Goal 4.2: Maintain optimal level of transit services

Objective 4.2.1: Provide bus service

Action: Complete ridership needs assessment and adjust routes as needed

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Held an Monitoring Open ridership House and decreases updated due to bus route COVID-19

Action: Create a bus service promotion plan to encourage ridership

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Promoted Partnered updated with route in Corvallis newsletter, Transit website, on social marketing media, etc. strategy

Action: Complete ridership survey to collect ridership information and needs assessment

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A

Action: Promote a free ridership week at the start of the school year

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A All rides All rides are fare- are fare- free due free due to COVID to COVID

Goal 4.3: Implement the Park Master Plan and encourage community events

Objective 4.3.1: Complete design and construction on the new park on N 11th Street

Action: Hold groundbreaking and project completion ceremonies

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A Scheduled Grand XX XX XX for Spring Opening of 2020 held 8/15/20

17 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Objective 4.3.2: Follow the Park Master Plan Capital Project list

Action: City Park -replace restroom #1 with ADA compliant restrooms

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Acquired RFP partial funding prepared

Action: Complete Cochran Park Design and Construction

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A No funding

Action: City Park –replace drinking fountain and add benches

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX

Action: Update Park Master Plan and capital project list

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 XX RFP Underway prepared

Objective 4.3.3: Provide annual Spring Clean-Up

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done Done (summer)

Objective 4.3.4: Coordinate efforts relating to Music in the Park through the Park Advisory Board

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done Cancelled due to COVID

Objective 4.3.5: Maintain annual Tree City USA certification

Action: Hold Arbor Day Event with schools

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done Done Goal 4.4: Update the City’s Comprehensive Plan Objective 4.4.1: Complete all needed analysis needed for the comp plan update Action: Allocate money in the budget for comp plan consulting services

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 $20,000 Working Completed allocated; with $50,00 grant consultant awarded

18 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Complete Buildable Land Inventory analysis

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A underway Completed; awaiting adoption Action: Complete Economic Opportunities analysis

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A underway Completed; awaiting adoption Action: Complete Housing Needs analysis

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A underway Completed; awaiting adoption Action: Complete Main Street Plan analysis

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A underway Completed; awaiting adoption

Objective 4.4.2: Approve the Comprehensive Plan Update Action: Form a stakeholder committee to hold public meetings and discuss the various elements/chapters of the comprehensive plan. Approve updated elements/chapters through review and approval by the Planning Commission, followed by review and approval by the City Council

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A N/A

Objective: Identify opportunities to reduce emphasis on providing infrastructure for cars over pedestrians and bikes; Consider reducing parking requirements in residential and business areas Objective: Promote protection of parks and natural areas in park zoned areas

Objective: Promote dark sky friendly lighting

Theme 5: Safe Community

Goal 5.1: Ensure public safety by protecting people, their property, and enforcing traffic laws.

Objective 5.1.1: Ensure the Safety of Philomath Citizens

19 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Promote Business Watch Program and increase participation to 50% of businesses

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 107 subscribers

20 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Expand Crime Prevention and Community Outreach efforts; hold at least 4 events

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 1. National Night Out 2. Coffee With a Cop 3. Vacation Bible School 4. Chili Cook-off 5. Lions Club 6. Percy at Events/Schools 7. Safety Town

Action: Provide periodic walk through of the schools with Officer Percy.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done Cancelled due to COVID

Action: Coordinate National Night Out efforts

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done Cancelled due to COVID

Action: Maintain strong relationship with Philomath School District and present an annual report to the City Council. FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Attending management meetings & threat assessment meetings Attend Fire and Active Shooter Drills Participate in Homecoming Parade/ Provide traffic control

Action: Continue positive community outreach using social media by posting something of value at least once a week.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 76 posts

Objective 5.1.2: Ensure the Security of Public and Private Property

Action: Reduce property crime by continuing proactive policing approach

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Thefts: 18 Criminal Mischief: 15 Burglary: 4

21 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Respond to all property code violations, unsafe housing and building conditions.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Total of 9

Objective 5.1.3: Make Philomath a safe place to walk, bike and drive for everyone

Action: Collect data on safety concerns and prioritize projects.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 1. Purchased radar sign reader 2. Two traffic counts for grant purposes

Action: Provide proactive traffic enforcement to reduce accidents and improve overall traffic safety

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 3 crosswalk operations 4 Click it or Ticket 4 DUII operations

Action: Reduce drug crimes and drug trafficking by proactive traffic interdiction

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Felony/MIsd Narcotics arrests: 31 DUII Drugs: 6

Action: Reduce impaired driving using state DRE enforcement approach

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Total DUII: 22 DUII Drugs: 6

Objective 5.1.4: Maintain a highly trained, state accredited Police department

Action: Maintain and expand Advanced Officer Training to improve service delivery

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 1 Officer to ODOT Commercial Vehicle Training 1 Officer to Oregon Narcotics Officers Advanced Training Conference

22 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Mayor Jones

Action: Continue support and implementation of State of Oregon LE Accreditation Program

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Passed 2019 OAA Accreditation Review!

Action: Maintain records and follow training schedule and other requirement of Accreditation

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done

Action: Provide training for racial sensitivity

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 Done

Objective 5.1.5: Educate Public on Emergency Management and Emergency Preparedness

Action: Provide educational opportunities for the community on how to best prepare for and react to fires, earthquakes, floods, and other disasters.

FY18-19 FY19-20 FY20-21 FY21-22 FY22-23 FY23-24 N/A

Action: Update website with relevant information and links to appropriate agencies to gather information regarding natural disasters.

FY18- FY19-20 FY20- FY21- FY22- FY23- 19 21 22 23 24 N/A completed

Transparent governance · Host an annual State of the Schools report from the superintendent at a city council meeting?

Public Safety · Public Safety Committee and Police Chief assess if appropriate for Philomath Police to commit to the ReImagine Pledge. · Public Safety Committee and Police Chief assess whether r hiring a trained mental health professional as a police deputy when the opportunity arises · Consider adding a lighted crosswalk near the dollar general store

Zoning update: minimum lot sizes, parking, allowing duplex and triplex in sfr.

23 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Councilor Andrade

Philomath Priorities – Councilor Andrade – Work in progress as of 06.08.2021 Guiding Principle: Everything the City does must incorporate and promote the notions of equity, justice, inclusion, and diversity (EJID). I. Improve communication between the City and the general public A. Increase accessibility to information about City matters 1. Create listservs for committees and City projects 2. Conceptual diagrams and primers regarding City documents/projects added to the website and sent out in newsletters 3. Provide Spanish translation services a. Request translation service information from and consider partnering with: i. The school district ii. Benton County b. Suggested documents to translate: i. Monthly newsletter ii. Weekly newsletter iii. Other documents as needed 4. Provide the same ADA services as proposed Spanish translation services if those documents aren’t already accessible 5. Consider transitioning the Citizens' Academy into a format similar to the LOC's Elected Officials training 6. Create an official, public document that outlines the abilities, obligations, and limitations of council, and councilmembers if different 7. Highly consider publicly announcing that we will be having discussions over email about a particular topic during a particular window of time and then posting those discussions to the website 8. Ensure those without reliable internet and phone access are able to receive information from the City and have the opportunity to watch/listen to/participate in City meetings a. Weather-protected bulletin board outside City Hall for City info b. Kiosk with public bulletin board downtown in a city square c. Portable wifi + chrome book loan program administered by the City and/or Philomath Public Library d. Display a monitor in a City Hall window + provide sound via an outdoor speaker and/or an empty radio frequency 9. Establish social media policy B. Decrease response time by staff and/or Council to the general public 1. Create an internship position (paid and/or course credits are ideal) to facilitate communication with the community, especially via social media C. Decrease response time by staff to Council

Councilor Jessica Andrade | 1 Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Councilor Andrade

1. Conduct a salary survey a. Review staff responsibilities and make necessary adjustments to reprioritize accordingly b. Consider restructuring staff positions II. Increase opportunities for community-building A. Establish a community-led group to form a “vision” for the future of Philomath B. Establish a community-led group to evaluate support for a town square, and assuming support for the idea, to inform the design and planning of the project III. Provide affordable housing, subsidized housing, and housing security A. Work with community partners to discuss and create equitable policies and actions, including: 1. Benton Habitat for Humanity 2. Benton County HOPE Advisory Board B. If it is offered in the future, consider participating in the Vacant Property Leadership Institute via the Center for Community Progress and NLC 1. https://www.nlc.org/initiative/2021-vacant-property-leadership- institute/ C. If it is offered in the future, consider participating in the Eviction Prevention Learning Lab through NLC and the Stanford Legal Design Lab 1. https://www.nlc.org/initiative/2021-eviction-prevention-learning-lab/ IV. Improve community well-being, health, and safety A. Provide trauma-informed training to City Councilmembers and Staff B. Provide EJID training to City Councilmembers and Staff C. Evaluate existing and proposed City policies, projects, practices, etc. with an EJID lens and modify them, accordingly D. Promote COVID-19 vaccination efforts 1. Participate in the Federal Government’s “We Can Do This” campaign a. https://wecandothis.hhs.gov/ E. Consider consumer safety as a factor in land-use planning (i.e., prevent building on land that may have environmental safety issues until confirmation that this is not the case in order to prevent another issue like with Millpond Crossing) F. Establish Emergency Preparedness protocol and/or Master Plan G. Apply for the free pilot program of ShakeAlert if we don’t have the paid version H. Use the ShakeAlert Messaging Toolkit in an ongoing messaging campaign 1. https://www.shakealert.org/messaging_toolkit/ I. Partake in the Community Emergency Response Team (CERT) via the Emergency Division of the Benton County Sheriff’s Office 1. https://co.benton.or.us/sheriff/page/cert-community-emergency- response-team J. Improve ADA compliance in the community through community focus groups

Councilor Jessica Andrade | 2

Agenda Item: Work Session Meeting Date: 6/14/2021 Comments from Councilor Andrade

K. Establish an air purifier loaner program with PCS or another community organization for wildfire and wood stove seasons L. Work with Benton County, neighboring rural communities, and non-profit organizations to establish an emergency services building with a cache of emergency supplies that serves Philomath and surrounding rural areas V. Protect our natural resources and natural areas A. Ensure access to clean, affordable drinking water that sufficiently meets the needs of our present and future community 1. Quantify our water supply with and without factoring in water rights 2. Work with community partners on initiatives and educational campaigns a. Potential community partners include: i. Marys River Watershed Council ii. Greenbelt Landtrust b. Potential initiatives and educational campaigns include: i. Mitigating sediment and other pollutant runoff ii. Establish an educational center within the watershed iii. General information on maintaining healthy watersheds 3. Identify and apply to grants and/or loans to finance the water treatment plant construction and maintenance a. Drinking Water Source Water Protection Projects via OHA i. https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENT S/DRINKINGWATER/SRF/Pages/spf.aspx b. Financial Technical Assistance and Tools for Water Infrastructure via the EPA’s Water Infrastructure and Resiliency Finance Center i. https://www.epa.gov/waterfinancecenter/financial -technical-assistance-and-tools-water- infrastructure VI. Create economic opportunities for the community A. Consider changing the municipal code to allow for cannabis dispensaries B. Create another large event that is family-friendly, such as a winter, downtown holiday night festival featuring our businesses and community holiday lights C. Identify funding opportunities 1. Identify at least one project, apply for additional funding, and apply for a Resource Assistance for Rural Environments (RARE) AmeriCorps Member through the University of Oregon a. https://rare.uoregon.edu/application-process/community- application-process/apply-now/ 2. Identify multiple projects, apply for additional funding, and apply for the Sustainability City Year Program (SCYP) through the University of Oregon a. https://sci.uoregon.edu/sustainable-city-year-program-0

Councilor Jessica Andrade | 3

Agenda Item #B.01 Meeting Date: 6/14/2021

1 PHILOMATH CITY COUNCIL 2 REGULAR MEETING MINUTES 3 May 10, 2021 4 5 6 A. ROLL CALL 7 The City Council of the City of Philomath was called to order by Mayor Chas Jones on 8 Monday, May 10, 2021 at 7:00 p.m. Due to the Oregon Governor’s Executive Order 20-12 9 requiring social distancing due to the COVID-19 pandemic, the meeting was held via video 10 conferencing technology with the public allowed to attend electronically and with limited 11 capacity available in the Philomath City Hall Council Chambers, 980 Applegate Street, 12 Philomath, Oregon. Instructions with opportunities for the public to comment were provided 13 on the meeting agenda, City’s website, and media notice. 14 15 Present: Absent: 16 Mayor Chas Jones 17 Councilor Jessica Andrade 18 Councilor Catherine Biscoe 19 Councilor Ruth Causey 20 Councilor Matt Lehman 21 Councilor David Low 22 Councilor Teresa Nielson 23 24 Staff Present: Absent: 25 City Manager Chris Workman Police Chief Ken Rueben 26 Finance Director Joan Swanson City Recorder Ruth Post 27 Public Works Director Kevin Fear 28 City Attorney Jim Brewer 29 Building Permit Clerk Ashley Howell 30 31 B. CONSENT AGENDA 32 1. City Council Minutes April 12, 2021 33 2. Work Session notes April 12, 2021 34 3. Work Session notes April 26, 2021 35 4. OLCC Liquor License Renewal Recommendations 36 5. Setting a public hearing for alley vacation - Applicant: A. Wenger 37 38 MOTION: Councilor Andrade moved, Councilor Causey second, to remove items B.01 and 39 B.05 from the consent agenda. Motion APPROVED 7-0 (Yes: Andrade, Biscoe, Causey, 40 Lehman, Low, Nielson and Jones; No: None). 41 42 MOTION: Councilor Low moved, Councilor Causey second, to approve the consent agenda 43 as amended. Motion APPROVED 7-0 (Yes: Andrade, Biscoe, Causey, Lehman, Low, 44 Nielson and Jones; No: None). 45 46 Items Removed From Consent Agenda: 47 B.01 City Council Minutes April 12, 2021: Councilor Andrade requested to amend Page 48 29, lines three and four to read “work session and a previous City Council meeting.” 49

Philomath City Council minutes of May 10, 2021 Page 31 Agenda Item #B.01 Meeting Date: 6/14/2021

1 MOTION: Councilor Lehman moved, Councilor Andrade second, to approve the City Council 2 minutes of April 12, 2021 as amended. Motion APPROVED 7-0 (Yes: Andrade, Biscoe, 3 Causey, Lehman, Low, Nielson and Jones; No: None). 4 5 B.05 Setting a public hearing for alley vacation - Applicant: A. Wenger: At Councilor 6 Causey’s question, Mr. Workman explained that the applicant is looking for access to an 7 ADU or second dwelling. He noted that since the property is next to railroad tracks it is of 8 little value to the City. 9 10 MOTION: Councilor Causey moved, Councilor Lehman second, to set the public hearing 11 date for the alley vacation; applicant A. Wenger. Motion APPROVED 7-0 (Yes: Andrade, 12 Biscoe, Causey, Lehman, Low, Nielson and Jones; No: None). 13 14 C. PUBLIC HEARINGS 15 1. FY2021-2022 State Revenue Sharing Proposed Uses - Ms. Swanson explained that 16 the Council has a policy that states 35% of State revenue sharing dollars will be allocated to 17 non-profit organizations. This amount is already included in the budget. She stated that the 18 Budget Committee held a public hearing in which there was no public testimony and that this 19 is a second opportunity for public input. There was discussion about the potential to budget 20 the use of funds towards particular projects, the funds not budgeted for social service 21 agencies being unallocated in the General Fund and the State requirements for holding 22 public hearings to receive public input on the use of State revenue sharing funds. 23 24 Mayor Jones opened the public hearing at 7:18 p.m. Mr. Workman noted that there were no 25 requests to give public testimony. The public hearing was closed at 7:19 p.m. Mr. Workman 26 further noted if there was any new spending item that the Council wanted to discuss, it can 27 be discussed at either a Council or Budget Committee meeting. 28 29 2. PC21-02 Amendments to Chapter 18 Related to RV Parks - Mr. Workman stated that 30 Councilor Causey worked diligently with the Planning Commission to adhere to State laws 31 and find a clear definition of what an RV Park is and limiting future RV Parks to heavy 32 industrial zones as a conditional use. He noted the public testimony in the packet. He 33 further explained that the goal of deliberation would be to have clear language to bring to the 34 Council next month in an amending ordinance, updating the municipal code and be effective 35 30 days thereafter. 36 37 Mayor Jones noted the public testimony from the Fair Housing Council. 38 39 Mayor Jones opened the public hearing at 7:23 p.m. and noted the testimony from the Fair 40 Housing Council. Seeing no other requests to testify, he closed the public hearing at 7:24 41 p.m. Mayor Jones clarified that none of the Councilors had any conflicts of interest. 42 43 MOTION: Councilor Causey moved, Councilor Low second, that the findings of fact as 44 presented in the staff report be adopted and the proposed development code amendments 45 as proposed in planning file PC21-02 be approved. Motion APPROVED 7-0 (Yes: Andrade, 46 Biscoe, Causey, Lehman, Low, Nielson and Jones; No: None). 47 48 Mr. Brewer noted David Coulombe’s rebuttal letter to the Fair Housing Council. He 49 explained that although the Fair Housing Council argues that RV’s are a very affordable way 50 for people to live, they are not considered structures or houses under the needed housing

Philomath City Council minutes of May 10, 2021 Page 32 Agenda Item #B.01 Meeting Date: 6/14/2021

1 State statute. He clarified further that one of the key statutes is that RV parks are now 2 limited to industrial zones and that houses, in all respects, must be allowed in residential 3 zones. 4 5 There was discussion about the Fair Housing Council possibly submitting public testimony 6 so that they may then appeal any decisions made in regards to RV’s in the future. 7 8 Councilor Andrade sought clarification regarding the language around RV’s being 9 considered a dwelling in the Transient Lodging Tax (TLT) code and not in the Zoning code. 10 11 Mr. Brewer explained that concerning the TLT, camping within the RV parks would not be 12 considered permanent housing. 13 14 Councilor Andrade noted concerns regarding needed housing for people who are houseless 15 and excluding RV’s as fulfilling needed housing in the municipal code. She expressed great 16 concerns in limiting RV Parks to heavy industrial zones only due to the methane detected in 17 the Mill Pond Crossing development, for example, and the health and safety of people who 18 would live there permanently. 19 20 Councilor Low sought clarification on differentiating between RV Parks and RV’s 21 themselves. Mr. Brewer stated that an RV Park is a particular type of land use that in most 22 places within the State are limited to industrial areas. He explained that the Council could 23 decide there was a need to allow people, either temporarily or permanently, to park an RV 24 on private property or public right-away for a certain period of time. He stated that this 25 would be totally separate from RV Parks. 26 27 There was discussion about the possibility of the adoption of the amendments to RV Parks, 28 seemingly appearing to limit efforts to meet housing needs in the City. Mr. Workman 29 explained that it was in fact the intent of the Planning Commission to limit RV Parks. 30 31 There was discussion about changing some of the proposed language to require a 32 developer to show why there would be a need for another RV Park. There was further 33 discussion about separating the conversations of affordable housing and transient lodging. 34 35 There was discussion of modifying some of the proposed language regarding RV Parks. 36 37 Councilor Andrade requested to keep the record open so that any member of the public that 38 wanted to participate in this topic in relation to needed housing could contribute. 39 40 Councilor Low noted that there is definite need for a discussion in the future of 41 houselessness in Philomath. 42 43 Councilor Biscoe requested the record be kept open due to issues such as consumer safety 44 and differentiating between use of RV Parks by way of needed housing or transient 45 lodging. 46 47 MOTION: Councilor Lehman moved, Councilor Andrade second, to table the motion to 48 approve the findings of fact as presented in the staff report in planning file PC21-02. Motion 49 APPROVED 6-1 (Yes: Andrade, Biscoe, Causey, Lehman, Low, and Jones; No: Nielson). 50

Philomath City Council minutes of May 10, 2021 Page 33 Agenda Item #B.01 Meeting Date: 6/14/2021

1 MOTION: Councilor Andrade moved, Councilor Biscoe second, to hold the record open for 2 file number PC21-02, RV Parks, until May 28, 2021. Motion APPROVED 4-3 (Yes: Andrade, 3 Biscoe, Jones Lehman; No: Low, Causey, Nielson). 4 5 Mayor Jones requested that any written feedback to the proposed language from Councilors 6 be handed in to staff by May 24, 2021. 7 8 3. PC21-03 Amendments to Chapter 18 Related to Building Material Standards- Mr. 9 Brewer clarified that none of the Councilors have a potential conflict of interest. 10 11 Mayor Jones opened the public hearing at 8:07 p.m. Mr. Workman stated that there was no 12 written testimony or requests to speak. Mayor Jones closed the public hearing at 8:08 p.m. 13 14 MOTION: Councilor Low moved, Councilor Lehman second, that the City Council adopt the 15 findings as presented in the staff report of the proposed code amendments of file number 16 PC21-03 and that the amendments be approved and the City Manager is directed to present 17 the City Council with an adopting ordinance. 18 19 Councilor Biscoe sought clarification that the proposed amendments were specific to C-1 20 and C-2 zones only and not light or heavy industrial. Mr. Workman clarified that this 21 pertained to only C-1 and C-2. 22 23 Mayor Jones discussed the height differences and how the buildings heights might be 24 approved or not depending on the height of the neighboring building. Mr. Workman 25 explained that this decision would be left to the Planning Commission to decide. 26 27 Mr. Brewer explained that mixed-use zones can bring confusion when trying to decipher 28 where residential housing is needed. He suggested that the Council could add language 29 indicating that one or two story buildings would be acceptable as well as clear and objective 30 standards. 31 32 Mayor Jones suggested that the code language be changed to require that the height of a 33 building be within two stories of an existing neighboring building. There was discussion 34 about whether or not it was appropriate to make amendments to some of the proposed code 35 language in relation to the height requirements and provisions of residential within mixed 36 use. 37 38 VOTE: Motion APPROVED 7-0 (Yes: Andrade, Biscoe, Jones Lehman, Low, Causey, 39 Nielson; No: None). 40 41 4. Proposed Transient Lodging Tax (TLT)- Mr. Workman explained that the City Council has 42 the authority to implement the TLT by way of ordinance. He stated that the proposed 43 amount is 9%. He explained that this public hearing is the opportunity for the public to give 44 testimony of any concerns. He stated that at the end of the public hearing there would be 45 deliberation about any changes the Council would like to make to the ordinance. 46 47 There were no potential conflicts of interest declared. 48 49 Mayor Jones opened the public hearing. There were no requests to testify. Mayor Jones 50 closed the public hearing at 8:22 p.m.

Philomath City Council minutes of May 10, 2021 Page 34 Agenda Item #B.01 Meeting Date: 6/14/2021

1 2 MOTION: Councilor Biscoe moved, Councilor Low second, to direct staff to prepare and 3 present an ordinance establishing a transient lodging tax based on the model ordinance 4 provided to the City Council for consideration at a future meeting. 5 6 Councilor Biscoe spoke to section 15 and the use of TLT funds. She asked for clarification 7 regarding what the framework would look like regarding the use of 70% of the funds to 8 promote tourism. She expressed that she would like to see some outreach activity done by 9 the City, outside of the Chamber of Commerce, as well as regionally and on a State 10 level. She asked if there needs to be additional language added to the ordinance for 11 clarification. 12 13 Mr. Workman explained that there would definitely need to be some conversation regarding 14 what the funds should be used for and how they are spent. 15 16 Councilor Biscoe recommended that the Council look at some economic development and 17 another potentially more broad and diverse event that would bring more tourist dollars into 18 the City. 19 20 Mr. Brewer stated that the 70/30 split in allocation of funds is required by State law. He 21 explained that there is some guidance of what tourism promotion and tourism related 22 facilities means and is generally directed towards people who are coming from more than 50 23 miles away. 24 25 Councilor Causey asked for clarification regarding the 9% amount chosen when the average 26 TLT was 7.6%. She also sought clarification whether or not the TLT will be waived for 27 Native Americans and the 5% administrative fee. 28 29 Mr. Workman explained that the administrative fee goes back to the place of lodging at a 30 rate of 5%, as well as the Department of Revenue. He stated that he did some research 31 regarding possibly waiving the payment for Native Americans. This was proven problematic 32 as it added extra work and potential strain to the businesses to require some sort proof. 33 34 Councilor Lehman stated that the Finance Committee chose 9% due to many of Philomath’s 35 neighboring communities being at 9% or higher. There was discussion about adding 36 language to include spaces for RV’s under item H. 37 38 VOTE: Motion APPROVED 7-0 (Yes: Jones, Lehman, Low, Causey, Nielson, Biscoe, 39 Andrade; No: None). 40 41 D. VISITORS AND PETITIONS 42 Mark Knutson, Philomath, OR – Mr. Knutson felt that some of his statements made at the 43 last meeting were misinterpreted and wanted to make some corrections for the record. He 44 noted that he was cited as conceding that the Local Improvement District would save him 45 time and money. He stated that he would not agree with that and felt that he was misstated. 46 He also expressed frustrations with being referred to as a developer. He stated that he is 47 simply an individual property owner and will eventually pay $220,000 in System 48 Development Charges for his projects on North 11th Street. He felt approximately $70,000 of 49 those fees should go towards the improvement of North 11th street. Lastly, he wanted to 50 note that the water meter fees in the last 5 years have fluctuated drastically in cost.

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1 2 E. OLD BUSINESS 3 1. System Development Charge (SDC) Methodologies for Water, Sewer, Streets & 4 Parks – Mr. Workman explained that there was a public hearing at the last meeting and 5 there was no public comment. He wanted the Council to have some time for deliberation to 6 give clear direction with any exceptions or corrections with the goal to present an ordinance 7 to the Council next month. 8 9 Councilor Biscoe explained that she and other Councilors expected that SDC methodology 10 reviews would return to the Public Works Committee and questioned why the review was 11 moved to the Finance and Administration Committee. She expressed concern in shifting 12 SDC allocations to parks specifically and felt the City needs to be more cognoscente of 13 long-term street and sewer updates. She felt she did not have enough information to move 14 the SDC methodologies forward and was unable to make a well-informed decision at this 15 time. 16 17 Mr. Workman stated that the SDC methodology review did not go to the Finance and 18 Administration Committee but rather went from review within the Public Works Committee 19 straight to the City Council. There was a public hearing held without any concerns from the 20 public. He explained that the Public Works Director reviewed the entire list of plans for the 21 next 20 years, sewer specifically, and ensured that every project and all current information 22 was included. He stated that he had no reservations recommending the sewer SDC, as 23 well as the others, as this methodology was based on the most accurate, up-to-date 24 information of what the City could charge developers. He noted the concern in the 25 substantial increase to the Park SDC and explained that within the methodology change, 26 currently when a large development comes to Philomath, the City requires that they provide 27 open, park-like space. He explained that the City is also currently trying to plan parks and 28 trails where needed, not just where there is additional unoccupied land from a development. 29 30 SDC Methodology Consultant Curt McLeod explained that inventory was taken of all of the 31 current master plan documents and capital improvement documents. He stated that there 32 were significant plans for all four of the SDC’s being discussed. He explained the basis of 33 the prior methodologies and the development of the new proposed reports. He explained 34 that the new reports are based on a holistic approach in that it inventories what it takes to 35 develop for full build out of the Urban Growth Boundary. 36 37 Councilor Low stated that he believes there has been ample time and due diligence in 38 review of the SDC methodologies. 39 40 MOTION: Councilor Low moved, Councilor Causey second, to direct staff to prepare and 41 present an ordinance establishing methodologies for water, sewer, streets and park system 42 development charges to the Council for consideration in a future meeting. 43 Councilor Biscoe asked to clarify an error that she made in referencing that the SDC 44 methodology review went before the Finance and Administration Committee. She noted 45 again that she believed the City is shorting the street and sewer fees. She noted 70-year- 46 old sewer pipes that are consistently failing and, with inflation costs, concerns that funds 47 would be taken from elsewhere. 48 49 There was discussion about the ability to modify the rates each year based on the 50 construction index. 51

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1 There was discussion about decreased cost for single family residential dwellings and 2 increased cost for larger developments and that the proposed methodologies more 3 accurately reflects the use and impact on the City’s systems. 4 5 VOTE: Motion APPROVED 5-2 (Yes: Causey, Lehman, Low, Nielson and Jones; No: 6 Andrade and Biscoe). 7 8 F. NEW BUSINESS 9 1. Streetcape Design Review Ad Hoc Committee formation – Mr. Workman noted 10 recommendations submitted by Councilors Andrade and Biscoe. He reviewed the Timber 11 Town theme selection and the consultant’s work to budget and source the items that need 12 purchased. 13 14 There was discussion about the inclusion of previous participants in the Streetscape project 15 on the Design Review Committee. 16 17 MOTION: Councilor Causey moved, Councilor Biscoe second, to form the Streetscapes 18 Design Review Ad Hoc Committee as amended by Councilor Biscoe and Councilor 19 Andrade, to review and give final approval of the streetscapes elements, and the Philomath 20 downtown streetscapes project and to be dissolved at the conclusion of its purpose. 21 There was discussion about the prioritization of committee members and who might be 22 included with the intention of the application selection process including populations that do 23 not typically participate. 24 25 VOTE: Motion APPROVED 7-0 (Yes: Causey, Lehman, Low, Nielson and Jones, Andrade 26 and Biscoe; No: None). 27 28 The Council selected Councilor Causeys and Biscoe as representatives on the Streetscape 29 Design Review Ad Hoc Committee. 30 31 2. North 11th Street Local Improvement District Consideration – Councilor Causey 32 asked to table this topic until the Council has time to deliberate more fully on the matter. 33 She requested more information on how many properties would be affected and charged by 34 this specific local improvement district and if the Finance Director could provide the Council 35 with a list of local improvement districts undertaken in the last 20 years, the funds collected, 36 number of parties involved and if there were any leans made. 37 38 There was discussion about providing information on the LID’s prior to the engineer’s report. 39 40 Mayor Jones explained that the Council is requesting an engineer’s report be provided so 41 that the Council can further discuss the matter. 42 43 MOTION: Councilor Low moved, Councilor Lehman second, to direct staff to work with the 44 City Engineer to complete a survey report for the North 11th Street local improvement 45 district. 46 47 Councilor Causey asked if the engineer’s report is completed and the project is delayed, 48 does the work need to be repeated at a later date. Mr. Workman stated that within six 49 months to a year, the information would still be relevant. However, there would need to be 50 some minor updates such as a search for outstanding taxes or foreclosures. 51

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1 Councilor Biscoe emphasized some of the points emphasized in her letter to the Council. 2 She noted that when this topic was brought before the Council back in December 2020, it 3 was then referred to the Public Works Committee. In February, the Public Works Committee 4 was told that they would not be discussing this topic, rather it would go before the Council 5 for a work session discussion on reimbursement and local improvement districts. She 6 stated that at that work session she felt there was no meaningful or concluding discussion 7 on LID’s. She asked for clarification as to what information the Council is seeking from an 8 engineer’s report. She recommended that this topic be tabled so that either the Council or 9 Public Works Committee could have more deliberations and discussion with the citizens who 10 are in these neighborhoods and would be affected. 11 12 There was discussion about the metrics being used for evaluation in these LID’s being what 13 is needed to answer many of the questions about the LID that were being asked.. 14 15 There was discussion about the engineer’s report being imperative to move forward and that 16 perhaps LID’s are not the best solution. 17 18 VOTE: Motion APPROVED 5-2 (Yes: Causey, Lehman, Low, Nielson and Jones; No: 19 Andrade and Biscoe). 20 21 L. ADJOURNMENT 22 23 MOTION: Mayor Jones moved, Councilor Lehman second, to adjourn the meeting. 24 Motion APPROVED 5-2 (Yes: Causey, Lehman, Nielson, Biscoe, Andrade; No: Jones, Low). 25 26 Mayor Jones adjourned the meeting at 10:04 p.m. 27 28 ______29 Chas Jones, Mayor Ruth Post, MMC, City Recorder

Philomath City Council minutes of May 10, 2021 Page 38 Agenda Item #B.02 Meeting Date: 6/14/2021

1 Philomath City Council 2 Work Session Notes 3 May 10, 2021 4 5 Mayor Chas Jones called the work session to order at 5:30 p.m. Due to the Oregon Governor’s 6 Executive Order 20-12 requiring social distancing due to the COVID-19 pandemic, the meeting 7 was held via video conferencing technology with the public allowed to attend electronically and 8 with limited capacity available in the Philomath City Hall Council Chambers, 980 Applegate 9 Street, Philomath, Oregon. 10 11 ROLL CALL: 12 Mayor and City Council: Mayor Chas Jones, Councilors Jessica Andrade, Catherine Biscoe, 13 Ruth Causey, Matt Lehman, David Low and Teresa Nielson. 14 15 Staff: City Manager Chris Workman, City Attorney Jim Brewer, Public Works Director Kevin 16 Fear, and Building Permit Clerk Ashley Howell. 17 18 WORK SESSION: 19 1. Strategic Plan Update: Mayor Chas Jones stated that the Council would be working on 20 updating the Philomath Strategic Plan. He noted that the City Council reviewed the existing 21 Strategic Plan in February for objectives that would impact the 2021-22 City budget. 22 23 Mr. Workman discussed the aggressiveness of the Strategic Plan and the importance of 24 forecasting and prioritizing the various projects that end up on the Strategic Plan. 25 26 Theme 1- There was discussion about various goals and objectives that may need more 27 clarification, specifically staffing and salary surveys, as well as partnering with a liaison to stay in 28 connection with Oregon State University. 29 30 There was discussion about Objective 1.2.3, Thriving Communities, and getting an updated 31 list. 32 33 Goal 1 - Objective 1.1.1 - Mayor Jones suggested and Councilor Lehman agreed that $600,000 34 reference should be removed, but keep the five months operating expenses reference. 35 36 Mr. Workman explained that rather than having a dollar figure that would change from year to 37 year, the intent is to make sure there is enough money in the General Fund budget to carry over 38 into the following year until the bulk of property taxes are received in November. 39 40 There was discussion about removing the action item that discusses adopting annual budgets 41 and adding any additional funds to the end budget because it should be a standard procedure 42 that staff discusses each year. The Council agreed to keep both action items. 43 44 Objective 1.1.2 - Councilor Biscoe explained that the City of Philomath has never had a salary 45 survey done by a third party. She highly recommended this be done and included in Objective 46 1.1.2. 47 48 There was discussion about including this suggestion as a separate objective, 1.1.4 and 49 perhaps objective 1.2, and that although the proposal has merit it is not a high priority item. 50 There was continued discussion about having such a survey completed before the next round of

Philomath City Council Work Session Notes, May 10, 2021 Page 1 of 2 Agenda Item #B.02 Meeting Date: 6/14/2021

1 union negotiations. The Council agreed by consensus that this suggestion be added as a 2 separate objective but not prioritized within the first year. 3 4 There was discussion about creating a separate document or placeholder on the City website 5 disclosing to the public the current projects the City is doing with the corresponding budget. 6 7 Mayor Jones explained that he would like to add an action item under Objective 1.2.1 to add a 8 form to the website that would allow the public to recommend a City proclamation along with 9 draft. The Council agreed to add this as an action item. 10 11 There was discussion about Objective 1.2.3 encompassing all of the regional economic 12 development partners. 13 14 Mayor Jones suggested adding an additional objective item that would encompass responding 15 to citizen requests and experiences with small incremental low cost actions or solutions in a 16 timely manner, rather than requiring larger analysis or program development. He gave 17 examples of low cost and temporary repairs to sidewalks and roads. 18 19 Mr. Workman added that he would draft language for the Council to review that focuses on 20 immediate and temporary solutions to citizen concerns while a more long-term solution is 21 formulated. 22 23 There was discussion about the Committee for Citizen Involvement and separating such a 24 committee from the Planning Commission. Councilor Causey added that the Planning 25 Commission has been tasked with developing a policy as a CCI. She recommended that they 26 be left to act as both the Planning Commission and CCI. Councilor Biscoe requested adding an 27 objective with updated language reestablishing the CCI and providing resources for a 28 community engagement program. 29 30 There was discussion about updating Chapter 1 of the Comprehensive Plan that would address 31 the CCI and allow for necessary updates. The Council agreed by consensus that this matter 32 first be reviewed by the Planning Commission before the Council addresses it further. 33 34 There was further discussion and clarification about the CCI and it coinciding with the Planning 35 Commission in reference to land use decisions, apart from a citizens committee addressing 36 more general concerns. 37 38 There was discussion about creating a virtual town hall specifically addressing emergency 39 preparedness. It was noted that there is support and resources to be offered by the county and 40 state, but that it may be also be important to approach such a suggestion with a regional 41 perspective. 42 43 There was discussion about replacing Objective 1.3.1 with a citizen outreach committee. 44 45 There was discussion about the cyber security resiliency plan that the City is actively working 46 on. It was noted that this would be a 2021-2022 priority. 47 48 Work session adjourned at 6:55 p.m. 49 50 Recorded by Ashley Howell, Building Permit Clerk

Philomath City Council Work Session Notes, May 10, 2021 Page 2 of 2 Agenda Item #B.03 Meeting Date: 6/14/2021

1 Philomath City Council 2 Work Session Notes 3 May 24, 2021 4 5 Mayor Chas Jones called the work session to order at 6:00 p.m. Due to the Oregon Governor’s 6 Executive Order 20-12 requiring social distancing due to the COVID-19 pandemic, the meeting 7 was held via video conferencing technology with the public allowed to attend electronically and 8 with limited capacity available in the Philomath City Hall Council Chambers, 980 Applegate 9 Street, Philomath, Oregon. 10 11 ROLL CALL: 12 Mayor and City Council: Mayor Chas Jones, Councilors Jessica Andrade, Catherine Biscoe, 13 Ruth Causey, Matt Lehman, David Low and Teresa Nielson. 14 15 Staff: City Manager Chris Workman, City Attorney Jim Brewer, and City Recorder Ruth Post. 16 17 WORK SESSION: 18 1. Council Rules: Mayor Jones summarized the prior City Council work session on 19 Council Rules and the submission of additional comments that were received and compiled for 20 this work session. Mr. Workman referenced the revisions submitted by Mr. Brewer on PMC 21 Section 2.10.040. Mayor Jones noted the comment bubble labels as a point of reference in 22 discussing the review document (Example: [RP3]). 23 24 [RP3] There was discussion about the deadline for submitting information for inclusion in the 25 Council agenda packet. Consensus was to not include in Council Rules and to add information 26 to the City Council page on the website. 27 28 [RP5] There was discussion about guidance for city committees and direction of agenda items 29 to Committees from the Council. Consensus was to include the proposed language. 30 31 [RP6] There was consensus to add ordinance cross-references to committee ordinances. 32 33 [RP7] Consensus was to come back to discussion of a written policy for committee 34 appointments at a later date. 35 36 [RP8] There was additional discussion about assignment of tasks by the City Council to 37 Committees. There was discussion about adding a rule to address advising the Council of every 38 contract the City enters into. Mr. Brewer offered to draft possible text. 39 40 [RP9] There was discussion about the process for nomination of the Budget Committee Chair. 41 Consensus was to not address in Council Rules. 42 43 [JA3] There was discussion about whether the proposed rules were meant to address only 44 Council meetings or if they were meant to address Committee meetings also. Mr. Brewer’s 45 conclusion was that they also address subcommittees. 46 47 [JA5] There as discussion about interactions with the public either as individuals or as part of a 48 Council decision. There was agreement that the discussion would be better addressed under 49 Chapter 5 – Ethics, Decorum, Outside Statements. 50

Philomath City Council Work Session Page 1 of 3 May 24, 2021 Agenda Item #B.03 Meeting Date: 6/14/2021

1 [RP8] There was discussion about adding the presiding officer to work with the city manager on 2 agenda preparation. Consensus was to add “In collaboration with the presiding officer, …”. 3 4 [RP11] There was discussion about removal of items from agendas. Consensus was to leave 5 the text as is. 6 7 [RP12] There was discussion about Councilor requests to add items to the agenda. Consensus 8 was to add language with addition of collaboration language. 9 10 [RP16] There was discussion about groups speaking on a single topic. There was discussion 11 about adding Invited Presentations to the Order of Business. There was discussion about 12 whether to hold Public Comments before or after Public Hearings. Consensus was to go in the 13 order of Public Hearings, Public Comments and Invited Presentations. 14 15 [JA17] There was discussion about addition of text regarding live-streaming meetings. 16 Consensus was to not include the proposed live-streaming language at this time. 17 18 [RP19] There was discussion about factors leading to calling a special meeting. Agreement was 19 to leave the text as is and to leave in the use of telephone as a contact method [RP20]. 20 21 [RP22] There was discussion about the types of emergency situations identified in State statute 22 for qualifying emergency situations. 23 24 [RP23] Staff clarified the methods of notifying the public of an emergency meeting. 25 26 [RP24] Consensus was to add “the city attorney” to notice of an emergency meeting 27 28 [RP25] Regarding the process of calling for Executive Sessions, Councilor Low withdrew his 29 concern. 30 31 [RP26] There was discussion about the format for setting Council goals at the beginning of new 32 Council terms and scheduling work sessions. Consensus was to add “in collaboration with 33 Council” to scheduling work sessions Section C. 34 35 [RP30] Regarding meeting location, consensus was to add language “unless this rule is 36 suspended by the City Council.” 37 38 [RP31] Councilor Causey withdrew her comment based on the outcome of [RP30]. 39 40 [RP32] Regarding an example of an interjurisdictional meeting, Councilor Causey felt this was 41 addressed by the City Recorder. 42 43 [RP35] There was discussion about Councilor attendance at meetings, remote access and 44 possible inclusivity considerations and continuing discussion about that language at a future 45 discussion. There was consensus to send comments [RP33] and [RP34] to the Inclusivity 46 Committee for review. 47 48 [JA36] There was discussion about clarifying who is responsible for providing meeting notices. 49 Consensus was to add a definitions section to address references to city manager, presiding 50 officer, city recorder and possible appointees. 51

Philomath City Council Work Session Page 2 of 3 May 24, 2021 Agenda Item #B.03 Meeting Date: 6/14/2021

1 [RP39] Regarding failure to regularly attend meetings, it was agreed that the suggested text is 2 covered in the City Charter. 3 4 [JA38] There was discussion about notification of an absence from a meeting. Consensus was 5 to add “city manager, city recorder and presiding officer.” 6 7 Chapters 3 through 6 and supplemental issues will be addressed at a future work session. 8 9 OTHER: 10 There was brief discussion regarding the Streetscape Design Review Committee appointments 11 made earlier in the day. 12 13 There was brief discussion regarding the Strategic Plan Update as the topic of the June 14 work 14 session with submission of additional comments for Themes 3, 4 and 5 due by Friday, May 28. 15 16 Work session adjourned at 8:37 p.m. 17 18 Recorded by Ruth Post, MMC, City Recorder

Philomath City Council Work Session Page 3 of 3 May 24, 2021 Bias Response Initiative – proposed letters

Corvallis City Council, Thank you for the opportunity to join initial regional discussions of the Bias Response Initiative. We commit the City of Philomath to joining this initiative and we support the idea of the Oregon Cascade West Council of Governments leading this regional discussion. We look forward to hearing from you soon, Philomath City Council

Oregon Cascade West Council of Governments Executive Board, The City of Philomath commits to joining initial regional discussions of the Bias Response Initiative and supports the Oregon Cascade West Council of Governments leading this discussion. Thank you for your consideration, Philomath City Council Agenda Item #D.01 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Fiscal Year 2021-2022 City Budget Public Hearing

Meeting Date: June 14, 2021 Staff: Joan Swanson, Finance Director

ISSUE STATEMENT The City Council is required to hold a public hearing prior to adoption of the Fiscal Year 2021- 2022 City Budget.

BACKGROUND The Budget Committee forwarded the FY 2021-2022 Budget to the City Council at their May 12, 2021 meeting, recommending approval of the budget as presented.

The notice of public hearing was duly published and posted in accordance with State statute.

COUNCIL OPTIONS Accept public comments during the public hearing.

FOLLOW-UP The FY 2021-2022 Budget will be on the City Council’s June 28, 2021 meeting agenda with adopting resolutions. Agenda Item #D.02 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Sale or Trade of Surplus Property – Steel-Frame, Self-Service Car Wash Structure at 1340 Main ______

Meeting Date: June 14, 2021 Department: Administration Staff Contact: Chris Workman

ISSUE STATEMENT The City is holding a public hearing to hear testimony on the proposed sale or disposal of the steel-frame, self-serve car wash structure located at 1340 Main Street.

Following the hearing, the City Council shall decide whether to declare the structure surplus and direct the city manager to sale or dispose of the structure.

BACKGROUND The Philomath City Council is holding a public hearing in accordance with Philomath Municipal Code chapter 3.20.075 Disposition of real property. Proper notice was given to the public as required (see attachment A). The City owns the property at 1340 Main Street and constructed on this property is a steel-frame, self-service car wash structure that it no longer has need of or desires to own.

The City’s Urban Renewal Agency purchased 1340 and 1348 Main Street with the intent of constructing off-street parking for the downtown area. The city is working to clean up the petroleum release of the underground storage tanks left by the previous owner, which may take another year or two to complete. Meanwhile, the old car wash structure has become an attractive place for people to park or store their unwelcomed vehicles. Eventually, the entire site will need to be cleared, and Public Works is preparing to demolish the small bathroom and car port later this summer.

City staff have received offers to disassemble and remove the car wash structure at no cost to the city. Upon declaring the structure surplus, the city manager will attempt to sell or otherwise dispose of the structure. Any proceeds would be placed in the City’s General Fund.

Any resident of the city shall be given an opportunity to present written or oral testimony at the hearing. Once the hearing is closed, the Council should consider Resolution 21-07,

It is appropriate for the Council to first determine whether or not to declare the property as surplus, then to decide whether or not to direct the city manager to sell or otherwise dispose of the structure.

COUNCIL OPTIONS 1. Hold the Public Hearing 2. Pass Resolution 21-07 as presented or with specific amendments

Agenda Item #D.02 Meeting Date: 6/14/2021 RECOMMENDED MOTION “I move to declare the two tax lots owned by the City on Industrial Way, Lot 1100 and lot 1200, surplus property.”

ATTACHMENTS A. Notice of Public Hearing B. Resolution 21-07 declaring surplus real property and directing the city manager to sale or dispose of the property through an open public process. C. Map and photo of location and structure.

CITY OF PHILOMATH 980 Applegate Street PO Box 400 Philomath, OR 97370 541-929-6148 541-929-3044 FAX www.ci.philomath.or.us

NOTICE OF PUBLIC HEARING PROPOSED SALE OR TRADE OF SURPLUS PROPERTY The Philomath City Council will hold public hearing on Monday, June 14, 2021, at 7:00 p.m. to hear public testimony on the proposed sale or trade of the following real property:

Steel Frame Self Car Wash Structure Located at 1340 Main Street, Philomath, Oregon 97370

The proposed sale or trade of for the structure only, not the land. The structure shall be disassembled and removed from the property upon sale or trade. The use of the property is salvage, scrap, or parts.

The following options are available for the public to provide testimony during the public hearing: 1) Sign up to speak by contacting the City Recorder at [email protected] or by calling 541-929-6148 no later than 4:00 p.m. on the day of the meeting. 2) Submit written comments by email to the City Recorder at [email protected] no later than 12:00 p.m. the day of the meeting. 3) Submit written comments in the City Hall parking lot drop box no later than 12:00 p.m. the day of the meeting. 4) Mail written comments to PO Box 400, Philomath, OR 97370 3-4 days prior to the day of the meeting.

This public hearing is being held electronically via Zoom. Prior to the meeting, participants will be provided with the Zoom meeting link. The public may watch the live feed of the meeting on the City's Facebook page at https://www.facebook.com/cityofphilomath/live. This is a public page and does not require a Facebook account to access.

Given 2 business days’ notice, an interpreter will be made available for the hearing impaired or those with limited English proficiency. Contact City Recorder Ruth Post at (541) 929-6148.

CITY OF PHILOMATH RESOLUTION 21-07

A RESOLUTION DECLARING SURPLUS CERTAIN REAL PROPERTY AND DIRECTING THE CITY MANAGER TO SALE OR DISPOSE OF THE PROPERTY THROUGH AN OPEN PUBLIC PROCESS.

WHEREAS, the city owns in fee certain real property described as: the steel-frame, self- service car wash structure at 1340 Main Street that is surplus to the city’s needs; and

WHEREAS, ORS 221.725 allows cities to sell any such surplus real property, following public notice and a public hearing on the question; and

WHEREAS, the city duly noticed a public hearing for its regular meeting on June 14, 2021 to address the question of whether it should surplus the above-mentioned structure; and

WHEREAS, the city has obtained a request from an individual to dismantle the structure at no cost to the City; and

WHEREAS, no immediate plans are in place for the property, but the structure has begun to attract unwelcome vehicles to the property to be parked or stored under the shelter, which is not in the benefit of the City.

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Philomath as follows:

Declaration of surplus real property. The City Council hereby declares the real property described as the streel-frame, self-service car wash structure at 1340 Main Street to be surplus to the needs of the city and directs the City Manager to sale or dispose this structure for value through an open public process. The City Manager shall market the property in any reasonable open and public manner and sale or dispose accept proposals from any member of the public for the purchase of the structure.

PASSED by the Council this ____ day of June 2021.

APPROVED by the Mayor this ____ day of June 2021.

SIGNED: ATTEST:

______Chas Jones, Mayor Ruth Post, MMC, City Recorder

Attachment C Agenda Item D.02 Meeting Date: 6/14/2021 Map and Photos of Car Wash

Attachment C Agenda Item D.02 Meeting Date: 6/14/2021

Agenda Item #D.03 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Wenger Alley Vacation Application

Meeting Date: June 14, 2021 Staff: [email protected]

ISSUE STATEMENT Andrew Wenger has submitted a request to vacate the north-south alley from the railroad tracks to Pioneer Street between North 9th and 10th Streets.

BACKGROUND The applicant has submitted the alley vacation application and has secured the required consents to vacation by adjacent and area property owners as required by ORS 271. All of the property owners adjacent to the alley have consented to its vacation.

Notice of the public hearing has been duly provided per ORS 271.

Should the Council decide to approve the alley vacation, the 13.67 foot wide alley will be split 50/50 between the adjacent property owners, with each property owner acquiring approximately 6 feet 10 inches of alley.

COUNCIL OPTIONS 1) The next step in the process is for the City Council to hold a public hearing at this meeting to receive any public comments on the application. An ordinance to approve will be included on the June 28 meeting agenda. At that time, the Council can either approve or reject the ordinance.

ACTION OPTIONS · Hold the public hearing and accept public comments.

ATTACHMENTS A) Area property map showing alley to be vacated Attachment B Agenda Item #D.03 Meeting Date: 6/14/2021 WENGER ALLEY VACATION SUBJECT LOCATION:

From: Teiya Inokuma To: Ruth Post Subject: ORS 271.130 Hearing: proposed alley vacation Date: Tuesday, June 8, 2021 4:29:04 PM

Hi Ruth,

Below are questions and comments in regards to the proposed alley vacation between 9th and 10th.

• I am not familiar with land decision processes of Philomath, and my hope is that there is a Chepenefa Indigenous Elder(s) with whom to engage and ask advice from in an on-going conversation about the larger picture of the cultivation of this city’s interwoven “landscape” and arteries that sustain the systems.

• Is this a consideration for inclusion of these processes?

• If no, why? And, what would it take to engage this as part of the process for any land decisions? It is time to build a foundation from which intentional decisions are made looking at the larger picture in our relationships with our environment. The elders are those who have been listening to the land/plants and animals of this area and give them an inclusive voice to decisions for our future, keeping 7 generations beyond now in mind.

• If this alley through way is vacated, as far as I can tell, the land prefers it to be a natural earth pathway for animals such as deer and turkey to have some safe passages through neighborhoods and to be able to access naturally occurring vegetation.

• As far as I can tell, the land would prefer any and all trees of a sizable nature to be prioritized over the energy/costs of removal/replacement.

• If vegetation is removed, please leave any indigenous plants. If vegetation is being introduced, please include indigenous plants to ensure our city acknowledges the continued natural regeneration of these species, often replaced by non-native “ornamentals”. Flowering current, nootka rose, hazel nut, etc. Thank you for preserving the camas on these lands where we are able. I see this and feel gratitude.

• I also understand there is a need to plan for “accessibility” such as wheel chairs. Please be sure to prioritize the most natural materials and methods, and do not forget that animals and humans find and make paths naturally. If obstructions such as fences are taken down, a path will become.

• Pavement and asphalt deplete resources, pollute water and generate harmful atmospheric emissions. Not to mention, requires drainage systems.

• And, thank you for your care of Philomath. in gratitude, Teiya Inokuma Agenda Item #F.01 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Amendments to PMC Chapter 18 for RV Parks and Chapter 9.25 Nuisances

Meeting Date: June 14, 2021 Department: Planning Liaison: Councilor Ruth Causey Staff Contact: Pat Depa, Chris Workman

ISSUE STATEMENT Shall the City Council amend the Philomath Municipal Code to address future location of RV Parks?

BACKGROUND December 2019: Staff introduced concerns about the current PMC standards for siting of RV Parks. June 2020: Planning Commission continued discussion about potential amendments and encouraged Councilor Ruth Causey to bring them proposed language. February 2021: Planning Commission reviewed proposed building materials amendments. Staff was directed to set a public hearing for the amendments. March 2021: Planning Commission held a public hearing on the amendments. Commission recommended approval to the City Council. May 2021: City Council held a public hearing on the amendments and left the record open for further public comments. No additional comments were received from either the public or City Council.

ANALYSIS The Staff Report containing complete analysis was included in the May 10, 2021 City Council agenda packet.

COUNCIL OPTIONS Adopt the findings of fact and approve Ordinance #848 as presented. Amend the findings of fact and approve Ordinance #848 as amended. Amend the findings of fact to reject the amendments.

CITY MANAGER RECOMMENDATION Adopt the findings of fact as presented and approve Ordinance #848 as presented.

City of Philomath Agenda Item Summary: Page 1 of 2 Ordinance #848 RV Parks and Building Materials Amendments Agenda Item #F.01 Meeting Date: 6/14/2021 MODE OF ENACTMENT City Charter Section 8.2 addresses enactment of ordinances. Per Subsection 3(b) notice of this ordinance has been posted at City Hall and two other public places in the city, allowing the ordinance to be read by title only. With the criteria in Subsection 3 met, Subsection 2 enacts an ordinance at a single meeting by unanimous vote of all councilors present.

ROLL CALL Ordinances are approved by roll call vote. A “yes” vote is to approve the ordinance; a “no” vote is to reject the ordinance.

ATTACHMENT A. Ordinance #848 amending PMC Chapter 18 regarding RV Parks and Building Materials and Chapter 9.15 regarding Nuisances B. Letter from Councilor Ruth Causey

City of Philomath Agenda Item Summary: Page 2 of 2 Ordinance #848 RV Parks and Building Materials Amendments

CITY OF PHILOMATH ORDINANCE NO. 848

AN ORDINANCE AMENDING PHILOMATH MUNICIPAL CODE CHAPTER 18 ZONING REGARDING RV PARKS AND CHAPTER 9.15 REGARDING NUESANCES.

FINDINGS OF FACT

Whereas the City Council of the City of Philomath make the following finds of fact:

1) The City desires to strengthen the tools in its control to approve or deny future RV Parks by limiting development to the Heavy Industrial zone as a conditional use. 2) The City desires a clear definition of Recreational Vehicle (RV) Park in the development code to add clarity. 3) RV parks are a commercial use, a business enterprise, that should be restricted to industrial zoned property due to the nature of the business and its demands on infrastructure, transportation, etc. 4) RV Parks play on important role in attracting tourists to the area, which is an important aspect of the City’s economic development. 5) RV parks serve an important role in providing temporary, transitional, or low-cost housing needs within the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PHILOMATH DOES ORDAIN AS FOLLOWS:

Section 1. Section 18.15.010 Definitions, is amended to insert the following definition:

“Recreational Vehicle Park” means a lot, tract or parcel of land, where two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public for a charg or fee. It does not mean A) An area designated only for picnicking or overnight camping; or B) A manufactured dwelling park or mobile home park.

Section 2. Subsection 18.120.060 Additional development standards for RV Parks, is inserted to read as follows:

18.120.060 Additional development standards for RV Parks

In addition to the satisfying the general criteria in Section 18.120.040, the Applicant for an RV Park must demonstrate that: a) another RV Park is needed in the city; and b) the proposed RV Park is the best option to meet that need.

Section 3. Section 9.15.025 Use of a recreational vehicle as a dwelling, is amended to read as follows:

For purposes of this section “recreational vehicle” or “trailer” means any vehicle that is self-propelled or towed by a motor vehicle and designed for camping, nonpermanent or recreational habitation. No person shall live, cook, sleep or reside in a recreational vehicle or trailer located on a lot or on a public street for more than five consecutive days

City of Philomath Ordinance #848 Page 1 of 2 Considered: June 14, 2021

nor more than 10 days total in a 30-day period, except when situated on a legally permitted Recreational Vehicle Park.

PASSED by the Council this _____ day of ______2021.

APPROVED by the Mayor this _____ day of ______2021.

SIGNED: ATTEST:

______Chas Jones, Mayor Ruth Post, MMC, City Recorder

City of Philomath Ordinance #848 Page 2 of 2 Considered: June 14, 2021 June 6, 2021

To: Mayor Jones, Councilors Andrade, Biscoe, Lehman, Low and Nielson

From: Councilor Ruth Causey

Re: May 10 City Council Meeting

“Does Philomath want to be known as an “RV town, with lots of traffic congestion and water problems”?” Written comments submitted by Cindy Mitchell 10/17/2019

I am writing to express my disappointment in the Council’s deliberations at the May 10 meeting concerning proposed language changes to the municipal code regarding RV parks. The culmination of a 15-month effort to address a credible concern raised by a respected member of the community evolved into a 42-minute unfocused discussion of homelessness and environmental pollutants. While both of these topics are worthy of deliberation and action, the Council’s inability to focus on and resolve this single, targeted issue leaves me questioning our ability to address broader issues to the benefit of the community.

Over the past five months, we have met as a body for over 33 hours, excluding other committee, liaison and community service commitments. I believe each of us have probably spent at least as much time preparing for and following up on Council meetings and work sessions. In spite of this, I find it difficult to bring to mind more than one or two material actions taken, only innumerable open items, including this one.

I have no regrets whatsoever regarding the effort I put into these code changes. I value the input received from the Planning Commission, Chris Workman, Pat Depa, Jim Brewer and David Coulombe. I appreciated the changes proposed by Mayor Jones and wish more time had been given to their consideration.

In summary, I would ask that all of us, myself included, make an effort to be more focused and efficient in our deliberations, hopefully allowing us to turn our attention to issues of greater significance to Philomath.

Thank you,

Ruth Causey Agenda Item #G.01 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Planning Commission Appointments ______

Meeting Date: June 14, 2021 Department: Administration Council Lead: Mayor Chas Jones Staff Contact: Chris Workman

ISSUE STATEMENT Shall the Council appoint a new member to the Planning Commission to fill the current vacancy?

BACKGROUND Planning Commissioner Joey McGlinchy resigned from the Commission in April, stating he was moving out of the area. The City posted notice of the opening on the City’s website, the city newsletter and it was announced in the local news media. The City received applications from Hayley Green and Lawrence E. Johnson. Both applicants meet the qualifications to serve on the Planning Commission as set by Chapter 2.30 of the Philomath Municipal Code.

The Council should first decide on one the following three options:

Option A. Allow individual members of the Council to ask questions of each candidate Option B. Ask each candidate the same questions, such as 1. What is your most important attribute you would bring to the Planning Commission? 2. Was there anything that was not asked in the application you submitted that you feel it would be important for the City Council to know before making its selection? Option C. Deliberate based on the applications submitted and make a selection.

PMC 2.10.060(B) requires a two week waiting period between initial applicant presentation to the Council and subsequent Council appointment. This two week waiting period can be waived by the Council.

COUNCIL OPTIONS Appoint one of the two applicants to finish the term left vacant by McGlinchy, which expired on December 31, 2024.

RECOMMENDED MOTION “I move the City Council waive the two week waiting period and appoint ______to the Philomath Planning Commission.”

ATTACHMENTS A. Planning Commission Application: Hayley Green B. Planning Commission Application: Lawrence E. Johnson Agenda Item #G.01 Meeting Date: 6/14/2021 Agenda Item #G.01 Meeting Date: 6/14/2021

-----Original Message----- From: Please Do Not Click Reply Sent: Thursday, April 15, 2021 7:17 PM To: Ruth Post Subject: Planning Commission Application Form (form) has been filled out on your site.

Your Site has received new information through a form. Form: Planning Commission Application Form Site URL: www.ci.philomath.or.us ------Name: Lawrence E Johnson

Phone:

Residence address: Philomath, OR 97370

Mailing address (if different):

Occupation, business, trade or profession: Semi-retired Attorney

May we contact you at work? If yes, please provide phone number.: yes.

May we contact you by email? If yes, please provide email address.:

Philomath registered voter? (Yes or No): Yes

Have you attended the Philomath Citizens' Academy? (Yes or No): No

Please list your previous volunteer experience with the City or other government or non-profit organization(s).: Ran for City Council 2020, attended numerous city council meetings during the Lepman development process. Lead plaintiff in the LUBA appeal of The Lepman development process. Member of Grow Philomath Sensibly since 2016. Active in Pro Bono legal help for OSU students. Member of the Imbler School Budget-committee in the early 1980's. Former member of Newman Foundation of OSU(for the benefit of OSU students).

Please list business or professional organizations to which you belong: Member of the Oregon State Bar since 1985, member of Oregon Criminal Defense Attorney association from 1900 until 2014. Member of the Linn Benton Bar Association. Member of Oregon Certified Public Accountants Association from 1980 until retirement as CPA) in or about 2000.

Please explain why you are interested in serving on the Planning Commission: I strongly believe in Oregon's unique land use rules and regulations to preserve our State. The rules were established in 1973 and continue to guide municipalities throughout Oregon. The first Statewide Goal, is citizen involvement. I believe that time has eroded the role of citizen in Oregon in the past but it is now more important than ever. My reason for running for the Philomath Planning Commission is to insure that Philomath is in full compliance with all of the 19 Statewide goals. More importantly I believe in full transparency in all matters of City actions. My legal trading instills in me the rules of fiduciary duties imposed on everyone employed by or volunteering in Philomath. Agenda Item #G.02 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Annual review of Resolution 20-11 Proclaiming Inclusivity ______

Meeting Date: June 14, 2021 Department: Administration Council Lead: Mayor Chas Jones Staff Contact: Chris Workman

ISSUE STATEMENT Shall the Council renew, update and reaffirm Resolution 20-11 Proclaiming Inclusivity?

BACKGROUND The City Council passed Resolution 20-11 in July 2020. The final resolve of the resolution directs that “, the Philomath City Council shall annually review, update and reaffirm this resolution at the first meeting of the City Council in June, beginning in June of 2021.”

COUNCIL OPTIONS Following a review of the proclamation, the Council can choose to update and reaffirm or simply reaffirm the resolution by way of a motion.

RECOMMENDED MOTION “I move the City Council reaffirm Resolution 20-11 proclaiming inclusivity in the City of Philomath.”

ATTACHMENTS A. Resolution 20-11 Proclaiming Inclusivity

CITY OF PHILOMATH RESOLUTION 20-11

A RESOLUTION PROCLAIMING INCLUSIVITY

WHEREAS, Philomath strives to be a city based on mutual respect and understanding, part of a community that welcomes and values all residents, treating everyone with human dignity and respect; and

WHEREAS, all people, regardless of race, color, ethnicity, national origin, religion, disability, sex, gender expression, gender identity, sexual orientation, marital status or age, live and work together within Philomath and bring pride to our community; and

WHEREAS, racism, intolerance, bigotry, and fear lead to discrimination and discord, which threatens the health, safety and resiliency of our community; and

WHEREAS, the City of Philomath welcomes all people who recognize the rights of individuals to live their lives with dignity, free of racism, discrimination, intolerance, bigotry, and hostility.

NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Philomath that this governing body:

1. Commits to the principles, assurances, philosophy, administration and implementation of Civil Rights compliance laid out through the Civil Rights Act of 1964, the Voters’ Rights Act of 1965, and the Americans with Disabilities Act of 1991; and

2. Commits to ensuring that all public plans, policies, programs, services and activities be designed, implemented, evaluated and delivered in a manner that advances equity, improves quality of life, and reduces disparities; and

3. Condemns racism and those who display racism, discrimination, intolerance, bigotry, and hostility; and

4. Does not tolerate expressions or acts of hostility, intimidation, or harassment, and, instead, is committed to the elimination of all forms of racism everywhere it exists; and

5. Denounces violence against people of color; and

6. Affirms the principle that all Black lives matter; and

City of Philomath Resolution 20-11 Proclaiming Inclusivity

7. Affirms that Philomath is a welcoming city to all, regardless of race, color, ethnicity, national origin, religion, disability, sex, gender expression, gender identity, sexual orientation, marital status or age; and

8. Affirms its commitment to ensure that all members of the community are free from acts that are rooted in racism, discrimination, intolerance, bigotry, and hostility. We will strive to inspire and continually pursue a culture of safety and wellbeing; and

9. Commits to examining racism within our city, city government, and city leadership. As community members, city staff and elected or appointed officials, we commit to seeking out training opportunities to assist in identifying and eliminating racism within our city; and

BE IT FURTHER RESOLVED that in recognition of the importance to make continuing efforts to achieve these commitments, the Philomath City Council shall annually review, update and reaffirm this resolution at the first meeting of the City Council in June, beginning in June of 2021.

PASSED by the Council this 13th day of July 2020.

APPROVED by the Mayor this 13th day of July 2020.

SIGNED: Eric Niemann, Mayor

ATTEST: Ruth Post, MMC, City Recorder

City of Philomath Resolution 20-11 Proclaiming Inclusivity Agenda Item #G.03 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: ODOT Right of Way Intergovernmental Agreements ______

Meeting Date: June 14, 2021 Department: Administration Staff Contact: Chris Workman

ISSUE STATEMENT Shall the City of Philomath enter into intergovernmental agreements (IGA) with Oregon Department of Transportation (ODOT) for General Provisions and for Right-of-Way (ROW) Services in conjunction with the Philomath Downtown Safety and Streetscapes Improvement Project?

BACKGROUND The City is collaborating with ODOT to design, engineer, prepare bid documents, construct and eventually maintain pavement and streetscape improvements on Highway 20 as it passes through Philomath’s downtown couplet area as Main Street and Applegate Street. These improvements make up the Philomath Downtown Safety and Streetscapes Improvement Project. The projected bid release date is planned for April 2022, with construction expected to go from summer 2022 through the fall of 2023.

ODOT has submitted two intergovernmental agreements it needs in place in order to proceed with the project. The first is No. 34449 and covers general provisions: defining the scope of the project, identifying the project cost estimate, assigning City and ODOT obligations, and laying out other general provisions such as required compliance with ADA. As noted in the agreement (Attachment A), there are a couple items that still need to be ironed out between staff and ODOT. As of the date this AIS is being written, ODOT has given verbal affirmation that these items will be fixed prior to the final agreement being printed and signed.

The second IGA is No. 34084 and covers ROW Services, further defines the roles and responsibilities of the City and ODOT regarding real property to be used as part of the right of way for the project and further refines the details of scope and funding for the right of way activities. It sets out the terms, ODOT and City obligations, and other general provisions of the agreement. This IGA includes three exhibits, A, B, and C. Exhibit A specifically defines the role of ODOT (the “State”) in the right of way phase of the project, (acquisitions, appraisals, negotiations, relocation), the closing phase, property management, condemnation, transfer of Right of Way to the State, and to the City. Exhibit B is a sample resolution that the City would consider if it were required to exercise its power of eminent domain. We do not foresee having to use this tool in conjunction with this project, so this is for informational purposes only. Exhibit C to this IGA is actually IGA No. 34449 previously discussed.

These agreements have been reviewed by staff and the city attorney’s office.

Agenda Item #G.03 Meeting Date: 6/14/2021

COUNCIL OPTIONS 1. Approve IGA No. 34449 and No. 34084 as presented and direct the city manager to execute the agreements. 2. Approve of IGA No. 34449 and No. 34084 with specific changes and direct the city manager to execute the agreements.

CITY MANAGER RECOMMENDATION I recommend approving both IGAs.

RECOMMENDED MOTION “I move to approve intergovernmental agreement No. 34449 and No. 34084 with ODOT and direct the city manager to execute the agreements and proceed with the Downtown Safety and Streetscapes Improvement Project.”

ATTACHMENTS A. IGA No. 34449 US 20: Philomath Couplet B. IGA No. 34084 Right-of-Way Services Misc. Contracts and Agreements No. 34449

INTERGOVERNMENTAL AGREEMENT US 20: Philomath Couplet City of Philomath

THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State” or “ODOT;” and the CITY OF PHILOMATH, acting by and through its elected officials, hereinafter referred to as "Agency,” both herein referred to individually or collectively as “Party” or “Parties.”

RECITALS

1. By the authority granted in Oregon Revised Statute (ORS) 190.110, state agencies may enter into agreements with units of local government for the performance of any or all functions and activities that a party to the agreement, its officers, or agents have the authority to perform.

2. US Route 20 (US 20), also designated Oregon Route 34 (known as Corvallis- Newport Highway), is part of the National Highway System under the jurisdiction and control of the Oregon Transportation Commission (OTC). US 20 and OR 34 are known within the limits of the Project as Main Street and Applegate Street, also known as the Philomath Couplet.

3. 9th Street and 13th Street areis a part of the city street system under the jurisdiction Formatted: Superscript and control of Agency. 13th Street is part of the city street system under the jurisdiction and control of Benton County. Agency and Benton County intend to Commented [KF1]: Change to Agency enter into a separate agreement to transfer jurisdiction of 13th Street to Agency. Commented [KF2]: Remove. Already done

4. To preserve highway facilities, State is resurfacing the travel lanes, bike lanes and shoulders of the Philomath Couplet and will replace the traffic signals at the Main Street and 9th Street intersection, Main Street and 13th Street intersection, as well as the Applegate Street and 13th Street intersection in the US 20: Philomath Couplet project (“ODOT Project”).

5. The Parties agree it is mutually beneficial for State to deliver elements of Agency’s Philomath Downtown Safety and Streetscape project (“Agency Project”) along the Philomath Couplet with streetscape amenities and safety improvements to include sidewalk and ADA curb ramp rehabilitation; pedestrian and bicycle features; decorative street lighting; parking; storm water drainage; and two flashing beacon crosswalks.

6. By the authority granted in ORS 810.080 State has the authority to establish marked pedestrian crosswalks on its highway facilities.

7. By the authority granted in ORS 810.210, State is authorized to determine the character or type of traffic control devices to be used, and to place or erect them

Key No. 21514 City of Philomath/ODOT Agreement No. 34449

upon state highways at places where State deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than State, except with its written approval. Traffic signal work on this Project will conform to the current State standards and specifications.

8. The Parties previously entered into Agreement Number 19647 to construct the Philomath Couplet and the ongoing maintenance and power responsibilities remain as agreed.

a. Agreement Number 19647 states Agency is responsible for the ongoing maintenance and power responsibilities for the newly constructed traffic signals at Main Street and 9th Street; Applegate Street and 13th Street; and reconstructed traffic signal at Main Street and 13th Street. The ongoing maintenance and power responsibilities remain as agreed.

b. Agreement Number 19647 provides that State has curb to curb jurisdiction and Agency retains jurisdiction outside of the curb line within the Project area. The Parties’ existing jurisdictional responsibilities remain for purposes of maintenance as agreed.

9. The Parties entered into Agreement Number 33630 to accomplish the Preliminary Engineering phase of the Project. Completion of the Right of Way phase and Construction phase, defined in Terms of Agreement, paragraph 1, are addressed herein.

10. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the project. Money so deposited shall be disbursed for the purpose for which it was deposited.

NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows:

TERMS OF AGREEMENT

1. State and Agency agree to State delivering the right of way and construction phases for the ODOT Project and Agency Project, which together are hereinafter referred to as “Project.” The Project includes resurfacing US20, safety improvements and streetscape amenities along the Philomath Couplet, as follows:

a. Resurface curb to curb, including travel lanes, bike lanes, and shoulders of the Philomath Couplet on Main Street from 7th Street through 14th Street and Applegate Street from 7th Street through 14th Street;

2 City of Philomath/ODOT Agreement No. 34449

b. Replace traffic signals at the following intersections:

i. Main Street and 9th Street

ii. Main Street and 13th Street

iii. Applegate Street and 13th Street

c. Improve curb ramps to ADA compliance standards;

d. Amenities and safety features to include:

i. ADA curb extensions; sidewalk rehabilitation, widening, decorative pavers, and benches;

ii. Green paint, striping and delineators on bike lanes;

iii. Landscaping and stormwater drainage;

iv. Street lighting with decorative fixtures;

v. Electric vehicle charging stations; managed parking with associated signage and striping;

vi. Trash receptacles and kiosks;

vii. Two (2) Rectangular Rapid Flashing Beacons (RRFB) installed at (1) 14th Street and Applegate; (2) 7th Street and Main Street

viii. Two-way cycle track between 13th Street to 15th Street on Applegate Street

The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof.

2. The total cost for all phases, including preliminary engineering, right of way, and construction, is estimated at $13,230,000.00, which is subject to change. The Total Project Cost subject to this Agreement for the right of way and construction phases is estimated at $12,026,409.00. State shall be responsible for the cost of the right of way phase of the Project, which is estimated at $525,012.00. The construction phase total is estimated at $11,501,397.00. Federal funds for the construction phase of the Project are limited to $5,271,626.73, with the State paying the 10.27% match and nonparticipating costs. Agency shall be responsible for $5,016,409.00 for the construction phase of the Project.

a. State will only be responsible for the Project cost overruns for pavement preservation on US 20, traffic signal replacement, and installation of ADA

3 City of Philomath/ODOT Agreement No. 34449

compliant curb ramps. Agency shall be responsible for all remaining Project overrun costs.

b. State and Agency agree since Agency Project and ODOT Project will both be part of one construction contract that the cost of Agency Project will be determined in this manner:

i. If the bid item is attributable solely to Agency Project, the entirety of a bid item;

ii. If a bid item is a lump sum, applicable to both Agency Project and ODOT Project, the item will be split proportionally between both Parties, based on the original proportional share of the combined estimated costs of the projects; and

iii. If a bid item is bid on a unit price basis and applicable to both projects, the costs will be assigned as the bid item is identified and used for each individual project.

3. This Agreement shall become effective on the date all required signatures are obtained and shall remain in effect for the purpose of ongoing maintenance and power responsibilities for the useful life of the facilities constructed as part of the Project. The useful life is defined as twenty (20) calendar years. The Project shall be completed within five (5) calendar years following the date of final execution of this Agreement by both Parties.

AGENCY OBLIGATIONS

1. Agency shall, upon receipt of a fully exectued copy of this Agreement and upon a subsequent letter of request from State, forward to State an advance deposit or irrevocable letter of credit in the amount of $5,016,409.00, said amount being equal to the estimated total cost for the work performed by State at Agency’s request. Agency agrees to make additional deposits as needed upon request from state. State shall request the initial deposit approximately four (4) to six (6) weeks prior to the Project construction phase.

2. Upon completion of the Project and receipt from State of an itemized statement of the actual cost of Agency’s portion of the Project, Agency shall pay any amount which, when added to Agency’s advance deposit, will equal 100 percent of actual total cost for Agency’s portion of the Project. Any portion of said advance deposit which is in excess of Agency’s total costs will be refunded or released to Agency.

3. Agency shall notify State of any transfer of jurisdiction of 13th Street promptly upon execution of documentation. Commented [KF3]: Already under city juridiction

4 City of Philomath/ODOT Agreement No. 34449

4.3. AAgency shall, upon completion of the Project and at its own expense, be responsible to maintain all elements of the Project identified in Terms of Agreement paragraph 1(c-d). As previously agreed, Agency shall retain responsibility for sweeping US 20 and OR 34, the Philomath Couplet, and retain all maintenance outside the curbs within the Project limits.

5.4. Agency shall obtain State approval for pavement legends to be placed outside the signalized intersections. Agency shall be responsible, at its own expense, for placement and maintenance of State approved legends.

6.5. Agency shall contact State’s District 4 Permits office seven (7) working days prior to the commencement of maintenance activities that close any portion of the travel or bike lanes. No lane restrictions except for sweeping are permitted unless prior approval is obtained from the State’s District 4 Manager, or designee.

7.6. Agency shall, upon completion of the Project and at its own expense, pay the power costs for all elements requiring power in Terms of Agreement paragraph 1(d), and retain responsibility to pay the power costs of the traffic signals identified in Terms of Agreement paragraph 1(b). Agency shall require the power company to send invoices directly to Agency.

8.7. Agency, by execution of this Agreement, gives its consent as required by ORS 373.030(2) and ORS 105.706, to any and all changes of road grade within the Agency limits on those roads affected by Project, and gives its consent as required by ORS 373.050(1) to any and all closure of streets that intersect the state highway, if any there be in connection or arising out of the Project covered by the Agreement.

9.8. Agency hereby grants State, and its contractor, the right to enter onto and occupy Agency right of way within the Project limits for the performance of duties set forth in this Agreement.

10.9. All employers, including Agency, that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers’ Compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements.

11.10. Agency shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers’ compensation, unemployment taxes, and state and federal income tax withholdings. Commented [KF4]: Does the use of “contractor” open us up as an agency to have to pay employees involved in any part of the project as “prevailing wage”?

5 City of Philomath/ODOT Agreement No. 34449

12.11. Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Agency’s current appropriation or limitation of current biennial budget.

13.12. Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency.

14.13. Agency’s Project Manager for this Project is Chris Workman, Philomath City Manager, 980 Applegate Street, Philomath, Oregon 97370; telephone: (541) 929- 6148; email: [email protected]; or assigned designee upon individual’s absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement.

STATE OBLIGATIONS

1. State or its consultant shall conduct all work components necessary to complete the Right of Way and Construction phases of the Project.

2. State shall perform project management and oversight activities throughout the duration of the Project.

3. State shall, upon execution of Agreement, forward to Agency a letter of request for an advance deposit or irrevocable letter of credit in the amount of $5,016,409.00 for payment of Agency Project. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete Agency’s portion of the Project.

4. Upon completion of the Project, State shall either send to Agency an invoice for the amount which, when added to Agency’s advance deposit, will equal 100 percent of the total costs for Agency’s portion of the Project, or State will refund Agency any portion of said advance deposit which is in excess of the total of Agency’s portion of the Project.

5. State shall, upon Project completion and at its own expense, be responsible for maintenance of elements in the Project identified in Terms of Agreement paragraph 1(a), curb to curb, with the exception of elements of Terms of Agreement paragraph 1(c-d) that are located within the curb to curb, and identified as Agency maintenance responsibilities in Agency Obligations, paragraph 4.

6. State shall, upon Project completion and at its own expense, perform traffic signal turn-on, maintenance and timing work on all traffic signals in the Project.

7. State shall, upon Project completion and at its own expense, place and maintain all striping and pavement legends on Highway 20/34at signalized intersections in the

6 City of Philomath/ODOT Agreement No. 34449

Project. State approval is required before pavement legends outside of signalized intersections may be placed, including striping and legends associated with Project elements in Terms of Agreement paragraph 1(c)-(d). Commented [KF5]: State should be responsible for all striping and pavement legends on HWY 20/34, not just signalized areas. As stated before, ODOT should be 8.7. State grants Agency the right to enter onto State right of way for the performance responsible for face of curb to face of curb and the city is of duties as set forth in this Agreement. everything else outside this area.

9.8. State certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance State’s costs of this Agreement within State's current appropriation or limitation of the current biennial budget.

10.9. State’s Project Manager for this Project is James Doll, Area 4 Transportation Project Manager, 3700 SW Philomath Boulevard, Corvallis, Oregon, 97333; telephone: (541) 757-4139; email: [email protected], or assigned designee upon individual’s absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement.

GENERAL PROVISIONS

1. Americans with Disabilities Act Compliance:

a. When the Project scope includes work on sidewalks, curb ramps, or pedestrian- activated signals or triggers an obligation to address curb ramps or pedestrian signals, the Parties shall:

i. Utilize ODOT standards to assess and ensure Project compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 as amended (together, “ADA”), including ensuring that all sidewalks, curb ramps, and pedestrian-activated signals meet current ODOT Highway Design Manual standards;

ii. Follow ODOT’s processes for design, construction, or alteration of sidewalks, curb ramps, and pedestrian-activated signals, including using the ODOT Highway Design Manual, ODOT Design Exception process, ODOT Standard Drawings, ODOT Construction Specifications, providing a temporary pedestrian accessible route plan and current ODOT Curb Ramp Inspection form;

iii. At Project completion, send a completed ODOT Curb Ramp Inspection Form 734-5020 to the address on the form as well as to State’s Project Manager for each curb ramp constructed or altered as part of the Project. The completed form is the documentation required to show that each curb ramp meets ODOT standards and is ADA compliant. ODOT’s fillable Curb Ramp Inspection Form and instructions are available at the following address:

https://www.oregon.gov/ODOT/Engineering/Pages/Accessibility.aspx

7 City of Philomath/ODOT Agreement No. 34449

b. Agency shall ensure that any portions of the Project under Agency’s maintenance jurisdiction are maintained in compliance with the ADA throughout the useful life of the Project. This includes, but is not limited to, Agency ensuring that:

i. Pedestrian access is maintained as required by the ADA,

ii. Any complaints received by Agency identifying sidewalk, curb ramp, or pedestrian-activated signal safety or access issues are promptly evaluated and addressed,

iii. Agency, or abutting property owner, pursuant to local code provisions, performs any repair or removal of obstructions needed to maintain the facility in compliance with the ADA requirements that were in effect at the time the facility was constructed or altered,

iv. Any future alteration work on Project or Project features during the useful life of the Project complies with the ADA requirements in effect at the time the future alteration work is performed, and

v. Applicable permitting and regulatory actions are consistent with ADA requirements.

c. Maintenance obligations in this section shall survive termination of this Agreement.

2. This Agreement may be terminated by mutual written consent of both Parties.

3. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions:

a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof.

b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize.

c. If Agency fails to provide payment of its share of the cost of the Project.

d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement.

8 City of Philomath/ODOT Agreement No. 34449

e. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source.

4. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination.

5. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim.

6. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.

7. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the

9 City of Philomath/ODOT Agreement No. 34449

same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.

8. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.

9. State and Agency are the only Parties to this Agreement and, as such, are the only Parties entitled to enforce its terms. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to third persons unless such third persons are expressly identified by name and specifically described as intended to be beneficiaries of its terms.

10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.

11. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision.

THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions.

This Project is in the 2021-2024 Statewide Transportation Improvement Program (STIP), (Key #21514) that was adopted by the Oregon Transportation Commission on July 15, 2020 (or subsequently by amendment to the STIP).

SIGNATURE PAGE TO FOLLOW

10 City of Philomath/ODOT Agreement No. 34449

CITY OF PHILOMATH, by and through its STATE OF OREGON, by and through designated officials its Department of Transportation

By ______By ______Title: Delivery and Operations Division Deputy Administrator Date ______Date ______By ______Title: APPROVAL RECOMMENDED

Date ______By ______Region 2 Manager LEGAL REVIEW APPROVAL (If required in Agency’s process) Date ______

By ______By ______Region 2 Project Delivery Manager Agency’s Counsel Date ______Date ______By ______Agency Contact: Area 4 Manager Chris Workman, City Manager City of Philomath Date ______980 Applegate Street Philomath, Oregon 97370 APPROVED AS TO LEGAL (541) 929-6148 SUFFICIENCY [email protected] By______State Contact: Assistant Attorney General Jim Doll Area 4 Project Manager Date______3700 SW Philomath Boulevard Corvallis, Oregon 97333 (541) 757-4139 [email protected]

11 City of Philomath/ODOT Agreement No. 34449

EXHIBIT A Project Location

12 Misc. Contracts and Agreements No. 34084

AD092-052620

INTERGOVERNMENTAL AGREEMENT FOR RIGHT OF WAY SERVICES US20: Philomath Couplet

THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as “State” or “ODOT”; and CITY OF PHILOMATH, acting by and through its elected officials, hereinafter referred to as “Agency,” both herein referred to individually as “Party” and collectively as “Parties.”

RECITALS

1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 283.110, 366.572 and 366.576, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform.

2. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. Money so deposited shall be disbursed for the purpose for which it was deposited.

3. US20 is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 9th Street and 13th Street are a part of the city street system under the jurisdiction and control of Agency.

4. State is responsible for delivering the Right of Way Phase of the Philomath Couplet project (“Project”) under Intergovernmental Agreement Number 34449 executed on ______(date “Project Agreement” is signed) attached hereto as Exhibit C and by this reference made a part hereof.

5. This Agreement covers a subset of the work set forth in the Project Agreement; therefore, the Project Agreement describes the general scope and funding for the right of way activities carried out under this Agreement. This Agreement further defines the roles and responsibilities of the Parties regarding real property to be used as part of the right of way for the Project, and further refines the details of the scope and funding for these right of way activities

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6. As of the Effective Date of this Agreement, there are no local public agencies (“LPAs”) certified to independently administer federal-aid projects for right of way services. State is ultimately responsible for the certification and oversight of all right of way activities under this Agreement.

NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows:

TERMS OF AGREEMENT

1. Under such authority, to accomplish the objectives in the Project Agreement, State agrees to perform the right of way Services shown in Exhibit A - Special Provisions (“Services”), attached hereto and by this reference made a part hereof.

2. The Parties agree to comply with the terms of this Agreement and the applicable terms of Project Agreement in performing the Services. In the event of a direct conflict, the terms of the Project Agreement will control over any conflicting provision in this Agreement.

3. The funding and payment for the Services are set forth in the Project Agreement. This Agreement commits no additional funding for the Services.

a. Under no condition shall State's obligations under this Agreement exceed $525,012.00 including all expenses, unless agreed upon by both Parties in writing in a fully executed amendment to this Agreement. This maximum is the amount programmed in the STIP for the right of way phase of the Project.

3. Exhibits Attached and Incorporated.

a. This Agreement includes the following exhibits, each of which is attached and incorporated into this Agreement by reference as though fully set forth herein:  Exhibit A – Special Provisions  Exhibit B – Resolution Exercising The Power of Eminent Domain  Exhibit C - Project Agreement

4. This Agreement becomes effective on the date all required signatures are obtained (“Effective Date”). Services shall begin on or after the Effective Date and shall be completed no later than December 31, 2025, on which date this Agreement automatically expires unless extended by a fully executed amendment.

5. Both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and implemented through Title 49, Part 24, ORS Chapter 35 and the ODOT Right of Way Manual, located at https://www.oregon.gov/ODOT/ROW/Documents/ROW-Manual.pdf

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and incorporated herein by this reference. Each Party will require its contractors and subcontractors, if any, to comply with this provision.

STATE OBLIGATIONS

1. State shall perform the Services assigned to State in Exhibit A.

2. State’s right of way contact person for this Agreement is Regina Thompson, Senior Right of Way Agent, 455 Airport Road SE, Building A, Salem, Oregon 97301; (503) 986-2609; and [email protected], or assigned designee upon individual’s absence. State shall notify the other Party in writing of any contact changes during the term of this Agreement.

AGENCY OBLIGATIONS

1. Agency shall perform the Services assigned to Agency in Exhibit A. All Services provided by Agency shall comply with ODOT’s Right of Way Manual in effect at the time the Services are performed.

2. Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Agency's current appropriation or limitation of current budget. Agency is willing and able to finance its share of all costs and expenses incurred under this Agreement up to the maximum amount set forth in Terms of Agreement Paragraph 3(a).

3. Agency’s performance of Services.

a. In performing Services under this Agreement, Agency may utilize qualified individuals from Agency’s staff or the Staff of another local public agency, as described in the ODOT Right of Way Manual and approved by the State’s Region Right of Way Office.

b. Agency may also request State act as the lead contracting agency and deliver a consultant contract on behalf of Agency, using consultants from State’s Full Service Architectural and Engineering (A&E) Price Agreement 2 Tier Selection Process, as applicable. Tier 2 procurements must be requisitioned through State’s Local Agency Liaison (LAL) with solicitation process administered by State’s Procurement Office. Forms and procedures for Tier 2 process are located at: https://www.oregon.gov/ODOT/Business/Procurement/FS/tier2guide.doc

c. Agency’s needed right of way services may be performed by utilizing appraiser Services procured by Agency from State’s Qualified Appraiser List (online at: https://www.oregon.gov/ODOT/ROW/Documents/Appraisal_Qualified-Consultant- List.pdf) or other right of way related Services procured by Agency from any source of qualified contractors or consultants.

d. Contractor selections under Agency Obligations, Paragraphs 3.c above may be based on price alone, price and qualifications, or qualifications alone followed by negotiation.

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Federally funded procurements carried out by Agency for right of way Services must be conducted under State’s certification program for consultant selection and must comply with requirements in the LPA A&E Requirements Guide, and must use the State’s standard A&E Contract Template for LPAs which may be modified to include State-approved provisions required by Agency. State and locally funded procurements carried out by Agency must comply with applicable State rules and statutes for A&E “Related Services” (Agency may use its own contract document). The LPA A&E Requirements Guide and A&E Contract Template are available at: https://www.oregon.gov/ODOT/Business/Procurement/Pages/LPA.aspx.

4. If Agency intends to use Agency staff, staff of another local public agency, consultants (except for consultants on State’s Qualified Appraiser List), or contractors to perform Services under this Agreement, Agency must receive prior written approval from State’s Region Right of Way Office.

5. Agency shall require its contractor(s) and subcontractor(s) that are not units of local government as defined in ORS 190.003, if any, to indemnify, defend, save and hold harmless the State of Oregon, Oregon Transportation Commission and its members, Oregon Department of Transportation and its officers, employees and agents from and against any and all claims, actions, liabilities, damages, losses, or expenses, including attorneys’ fees, arising from a tort, as now or hereafter defined in ORS 30.260 (“Claims”), to the extent such Claims are caused, or alleged to be caused, by the negligent or willful acts or omissions of Agency's contractor or any of the officers, agents, employees or subcontractors of the contractor. It is the specific intention of the Parties that State shall, in all instances, except to the extent Claims arise solely from the negligent or willful acts or omissions of State, be indemnified from and against all Claims caused or alleged to be caused by the contractor or subcontractor.

6. Any such indemnification shall also provide that neither the Agency's contractor or subcontractor nor any attorney engaged by Agency's contractor or subcontractor shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election assume its own defense and settlement in the event that it determines that Agency's contractor is prohibited from defending the State of Oregon, or that Agency's contractor is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against Agency's contractor if the State of Oregon elects to assume its own defense.

7. Agency shall perform all Services under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the Services under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings.

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8. When Agency is performing Services under this Agreement, Agency shall ensure that temporary pedestrian routes are provided through or around any Project work zone. Any such temporary pedestrian route shall include directional and informational signs, comply with ODOT standards, and include accessibility features equal to or better than the features present in the existing pedestrian facility. Agency shall also ensure that advance notice of any temporary pedestrian route is provided in accessible format to the public, people with disabilities, and disability organizations at least 10 days prior to the start of construction.

9. Agency certifies and represents that all individuals signing this Agreement have been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency.

10. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State.

11. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the Services under this Agreement, including, without limitation, the provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235 and 279B.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

12. Agency shall upon State’s request provide copies of any required documentation related to the Services as described in Exhibit A.

13. Agency’s right of way contact person for this Agreement is Chris Workman, City Manager, City of Philomath, 980 Applegate Street, Philomath, Oregon 97370; (541) 929-6148; [email protected], or assigned designee upon individual’s absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement.

GENERAL PROVISIONS:

1. Termination.

a. This Agreement may be terminated by mutual written consent of both Parties.

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b. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing, and delivered by certified mail or in person, under any of the following conditions:

i. If either Party fails to provide Services called for by this Agreement within the time specified herein or any extension thereof.

ii. If either Party fails to perform any of the other provisions of this Agreement or so fails to pursue the Services as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice fails to correct such failures within ten (10) days or such longer period as may be authorized.

c. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State, under any of the following conditions:

i. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement.

ii. If Agency fails to provide payment of its share of the cost of the Project.

iii. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Services under this Agreement is prohibited or State is prohibited from paying for such Services from the planned funding source.

d. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination.

2. All employers that employ subject workers who perform Services under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required workers’ compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than $500,000 must be included. Both Parties shall ensure that each of its subcontractors complies with these requirements.

3. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. - 6 - 34084

4. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State’s contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding.

5. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding.

6. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation.

7. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency’s breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency’s breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement.

8. Agency and State are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or will be

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construed to give or provide, any benefit or right, whether directly, indirectly, or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement.

9. The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid.

10. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.

11. This Agreement and attached exhibits constitute the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision.

12. Survival. All rights and obligations of the Parties under this Agreement will cease upon termination or expiration of this Agreement, other than the rights and obligations of the parties that by their nature or express terms survive termination or expiration of this Agreement.

THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Signature Page to Follow

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CITY OF PHILOMATH, by and through its STATE OF OREGON, by and through elected officials its Department of Transportation

By ______By ______Title: State Right of Way Manager

Date ______Date ______

By ______APPROVAL RECOMMENDED Title: By ______Date ______Region 2 Right of Way Manager

LEGAL REVIEW APPROVAL (If required Date ______in Agency’s process) By ______By ______City Legal Counsel Date______Date ______APPROVED AS TO LEGAL SUFFICIENCY Agency Contact: Chris Workman, City Manager By N/A______City of Philomath Assistant Attorney General 980 Applegate Street Philomath, Oregon 97370 Date______(541) 929-6148

[email protected] APPROVED (If Litigation Services related to Condemnation State Contact: Regina Thompson, Sr. Right of Way Agent are to be done by State) ODOT Region 2 455 Airport Rd SE, Bldg A By ______Salem, OR 97301 Chief Trial Counsel (503) 986-2609 [email protected] Date______

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Exhibit A SPECIAL PROVISIONS Right of Way Services

A. Preliminary Phase: State or Agency shall perform the Services outlined in this Section A during the preliminary right of way phase of the Project as identified below. When Services listed under this Section A are performed by Agency, Agency shall charge the Services as preliminary engineering expenditures.

1. State shall prepare preliminary cost estimates.

2. State shall make preliminary contacts with property owners.

3. State shall gather and prepare data for environmental documents.

4. State shall develop access and approach road list.

5. State shall help prepare field location and project data as defined in the Project Agreement.

6. Title. State shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence.

7. Legal Descriptions:

a. State shall prepare sufficient horizontal control, recovery and retracement surveys, vesting deeds, maps and other data so that legal descriptions can be written.

b. State shall prepare construction plans and cross-section information for the Project.

c. State shall write legal descriptions and prepare right of way maps. If the Agency acquires any right of way on a State highway, the property descriptions and right of way maps shall be based upon centerline stationing and shall be prepared in accordance with the current ODOT Right of Way Engineering Manual, located at https://www.oregon.gov/ODOT/ETA/Documents_Geometronics/ROW-Eng- Manual.pdf and incorporated herein by reference. The preliminary and final versions of the property descriptions and right of way maps must be reviewed and approved by the State.

d. State shall specify the degree of title to be acquired (e.g., fee, easement), which must be determined in accordance with the current ODOT Right of Way Manual.

8. Hazmat:

a. State shall conduct a Level 1 Initial Site Assessment, according to State Guidance, within Project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the Project design as possible, but at a minimum prior to property acquisition or approved design. - 10 - 34084

b. State shall conduct a Level 2 Preliminary Site Investigation, according to ODOT’s Hazmat Program Procedures Guidebook and other applicable requirements of the Oregon Department of Environmental Quality, of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Initial Site Assessment indicates the potential presence of contamination that could impact the properties. If contamination is found, State will promptly disclose the severity and extent of contamination to Agency and present a recommendation for remediation to Agency as set forth in ODOT’s Right of Way Manual Section 6.330 paragraph 2.

c. State shall attempt to have the property owner undertake any necessary remediation at the property owner’s expense. Other options are set forth in ODOT’s Right of Way Manual section 6.330 paragraph 2.b. If Agency undertakes any remediation on the site, Agency will be solely responsible for any liability that may arise from such remediation.

B. Right of Way Phase: State or Agency shall perform the Services outlined in this Section B during the acquisition right of way phase of the Project as identified below. When Services listed under this Section B are performed by Agency, Agency shall charge the Services as right of way expenditures.

1. Right of Way Acquisition:

a. Right of Way Acquisition is the process of obtaining property necessary for the Project, from negotiation to possession of the property, using various sub-processes including, but not limited to, appraisal, negotiation, condemnation, relocation, title closing, and project related property management related to the potential exercise of eminent domain. The basic requirements for carrying out right of way acquisition for the Project are set forth in this Section B.

b. When performing the right of way acquisition Services, State shall provide Agency with a monthly status report of the Services.

c. Title to properties acquired shall be in the name of State of Oregon on behalf of its Deparment of Transportation.

d. The Agency shall adopt a resolution of intention and determination of necessity in accordance with ORS 35.235 and ORS 35.610, authorizing acquisition and condemnation (“Resolution”). Agency’s Resolution shall be substantially in the form of Exhibit B, attached hereto and by this reference made a part hereof.

2. Real Property and Title Insurance:

a. State shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current ODOT Right of Way Manual, and after obtaining State’s concurrence. Agency shall clear any encumbrances necessary to - 11 - 34084

conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired.

3. Appraisal:

a. State shall conduct the valuation process of properties to be acquired. If hazardous materials are located on the property, State shall use section 6.330, paragraph 2 in ODOT’s Right of Way Manual.

b. State shall perform the appraisal reviews to set just compensation.

c. State shall recommend just compensation, based upon a review of the valuation by qualified personnel.

4. Negotiations:

a. State shall tender all monetary offers to landowners in writing at the compensation level shown in the appraisal review. State shall have sole authority to negotiate and make all settlement offers. When settlements for property acquisitions are made for more or less than the approved just compensation amount, a justification is required. Said statement will include the consideration of any property trades, construction obligations and zoning or permit concessions. If State performs this function, it will provide the Agency with all pertinent letters, negotiation records and obligations incurred during the acquisition process.

b. State and Agency shall determine a date for certification of right of way and agree to cosign the State’s Right of Way Certification form. State and Agency agree possession of all right of way is complete prior to advertising for any construction contract, unless otherwise agreed to by Agency and State.

c. State agrees to file all Recommendations for Condemnation (Form 734-3311 and accompanying documents) with ODOT right of way headquarters, at least seventeen (17) days prior to the right of way certification date if negotiations have not been successful on those properties.

5. Relocation:

a. State shall perform any relocation assistance, make replacement housing computations, and do all things as required by applicable state and federal law necessary to relocate any persons displaced by the Project.

b. State shall determine all relocation benefits each property owner is eligible for and shall make all relocation and moving payments.

c. State shall facilitate the relocation appeal process.

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C. Closing Phase

1. State shall close all transactions. This includes drawing of deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments.

2. Upon acceptance by State the conveyance documents shall be recorded.

D. Property Management

1. State shall take possession of all the acquired properties. There shall be no encroachments of buildings or other private improvements allowed upon the State highway right of way.

2. State shall dispose of all improvements and excess land consistent with applicable state, federal, and local laws and policies.

3. State shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector.

E. Condemnation

1. State may offer mediation if the State and property owners have reached an impasse.

2. State shall perform all administrative functions in preparation of the condemnation process, such as preparing final offer and complaint letters.

3. State shall perform all legal and litigation Services related to the condemnation process, including all settlement offers. Prior approval of this Agreement by DOJ and passage of an Agency Resolution are required as provided in Section B.1.d above.

4. When State performs legal or litigation Services related to the condemnation process, Agency acknowledges, agrees and undertakes to assure that no member of Agency's board or council, nor Agency's mayor, when such member or mayor is a practicing attorney, nor Agency's attorney(s), nor any member of the law firm of Agency's attorney(s), board or council member(s), or mayor, nor any other employee or representative of Agency licensed to practice law, will represent any party, except Agency, against the State of Oregon, its employees or contractors, in any matter arising from or related to the Project or the Services.

- 13 - 34084

F. Transfer of Right of Way to State

When right of way is being acquired in Agency’s name, Agency agrees to transfer and State agrees to accept all right of way acquired on the State highway. Agency shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance will be determined by the Agency and the State at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. Agency agrees to provide the State all information and file documentation the State deems necessary to integrate the right of way into the State’s highway system. At a minimum, this includes: copies of all recorded conveyance documents used to vest title in the name of the Agency during the right of way acquisition process, and the Agency’s Final Report or Summary Report for each acquisition file that reflects the terms of the acquisition and all agreements with the property owner(s).

G. Transfer of Right of Way to Agency

When right of way is being acquired in State’s name, State agrees to transfer and Agency agrees to accept, at no additional cost to the State, all right of way acquired on the Agency’s facility, subject to concurrence from the Oregon Transportation Commission and FHWA at the time of the transfer. State shall identify the existence of any hazardous materials on or in the property prior to the transfer. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State’s Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer.

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EXHIBIT B RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN Right of Way Services (Instructions, please delete before completing form)Regions: This portion of the document is unlocked. The LPA should block and copy to incorporate this language into their own standard resolution form OR fill in an “attested to” line or signature line at the bottom and use this form. WHEREAS the City of Philomath may exercise the power of eminent domain pursuant to the City Charter and the Law of the State of Oregon generally, when the exercise of such power is deemed necessary by the City of Philomath’s governing body to accomplish public purposes for which the City has responsibility;

WHEREAS the City of Philomath has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public;

WHEREAS the project or projects known as Philomath Downtown Safety and Streetscapes Improvement Project or Philoamth Couplet Project have been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and

WHEREAS to accomplish the project or projects set forth above it is necessary to acquire the interests in the property described in “Exhibit A” attached to this Resolution and, by this reference incorporated herein; now, therefore,

BE IT HEREBY RESOLVED by the City of Philomath that:

1. The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury;

2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in Exhibit A to this Resolution. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law;

3. The City Manager and City Attorney are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the City Council.

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4. City of Philomath expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition.

DATED this _____ day of ______, 20__

[insert signature blocks here]

Attachments: Exhibit A to Agency Resolution Exercising the Power of Eminent Domain – Property Description

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Exhibit A to Agency Resolution Exercising the Power of Eminent Domain – Property Description

[insert property description]

- 17 - 34084

Exhibit C PROJECT AGREEMENT No. 34449 [to be attached after execution]

- 18 - 34084

Agenda Item G.04 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Request for Tourism Funds ______

Meeting Date: June 14, 2021 Committee: Finance/Administration Chair Person: David Low Staff Contact: Chris Workman

ISSUE STATEMENT Shall the City Council approve giving funds to the Philomath Frolic and Rodeo and the Philomath Area Chamber of Commerce to support tourist-related activities?

Additionally, if the City passes its own transient lodging tax (TLT), shall the Council direct the Finance/Admin Committee to develop a policy on awarding a portion of the TLT funds to organizations supporting tourist-related activities?

BACKGROUND The Philomath Frolic & Rodeo submitted a request for $4000 to the City Council on April 13, 2020 (Attachment A). The request was forwarded to the Finance/Administration Committee to review and bring back a recommendation, but was then dropped because the Frolic was cancelled due to the pandemic. On May 27, 2021, the City received a letter from the Philomath Frolic & Rodeo requesting $8,000 and the on June 7 a letter form the Philomath Area Chamber of Commerce requesting $3,000.

The Finance/Administration Committee met on June 1 and June 8 to review the letters and the proposed use of the funds. The Frolic plans to use the funds to improve the Yew Wood Corral with increased capacity and improved ADA accessibility. The Chamber plans on creating maps showing points of interest, restaurants, etc., thaT can be provided to visitors and purchasing a new display rack for the Chamber office area.

The FY2020-21 budget includes a line item within the City Council Fund for $10,000, combining last year and this year’s County contribution to Philomath tourism ($5000 each year). If these funds are not spent, they will be carried over to next year’s beginning fund balance.

Contributions to the Philomath Frolic & Rodeo and the Philomath Area Chamber of Commerce are in line with the City’s Strategic Plan, specifically Objectives 2.3.2, “Support efforts to improve Skirvin Park, home of the Philomath Frolic & Rodeo,” and 2.3.3, “Support organizations that service or promote tourism in the City.”

The Committee discussed the need for a more formal process going forward. With passage of a city transient lodging tax, the Council should consider assigning the Finance/Administration Committee to recommend a policy on distributing TLT funds to community organizations, how to promote the program, and how to administer an annual application process.

Agenda Item G.04 Meeting Date: 6/14/2021 COMMITTEE OPTIONS 1. Recommend approval of the request for $10,000 to the Philomath Frolic & Rodeo and Philomath Area Chamber of Commerce to support tourist related activity, with $7000 going to the Frolic and $3000 going to the Chamber. 2. Do not make the above recommendation and determine how best to respond to this request.

CITY MANAGER RECOMMENDATION I volunteer on the Frolic & Rodeo Board of Directors and work closely with the Chamber Director, Shelley Niemann, on coordinating/calendaring events throughout the year. These funds were budgeted with the expectation the City would receive such a request from these two organizations, and a recommend approval or the Committee’s recommendation.

RECOMMENDED MOTION “I recommend approval of the request for $10,000 to the Philomath Frolic & Rodeo and Philomath Area Chamber of Commerce to support tourist related activity, with $7000 going to the Frolic and $3000 going to the Chamber.”

ATTACHMENTS A. Letter from Philomath Frolic & Rodeo May 27, 2021 B. Letter from the Philomath Area Chamber of Commerce June 7, 2021

May 27, 2021 Philomath City Council PO Box 522 Philomath, OR 97370

RE: Request for Tourism Dollars, take two

Dear City Council Members:

Last April the Frolic & Rodeo Board of Directors submitted a request for funding to help support the tourism-related efforts. Shortly after making the request, we were forced to cancel last year’s rodeo because of the pandemic, but we still put on one heck of a fireworks show for the community!

This year we are moving forward with plans to hold the Frolic & Rodeo on July 8, 9, and 10th. We hope you will join us! We’d like to request funds to help us with these year’s event. Specifically, we are expanding the Yew Wood Corral, which gets used during the rodeo for the after party, is rented out for weddings, fundraisers, and community events like the Chili Cook Off. Last year we requested $4000, but then the rodeo was canceled and the pandemic was here, so we did not pursue the request. This year we would like to ask for the $4000 from last year plus another $4000 for this year, for a total of $800 to go toward facility improvements that will attract more tourists to the City.

We’ve discussed the topic of tourism with the Philomath Chamber of Commerce and they would like to request the remaining $2000 from this year’s budget to support staffing needs and this year’s Philomath Uncorked Wine Walk this July 31st. This event brings in people from all over the region and has grown every year.

We appreciate the City Council’s anticipated support in strengthening the efforts of the Frolic & Rodeo and the Chamber of Commerce to increase tourism in Philomath. We look forward to your response.

Thank you,

Darrell Hinchberger Philomath Frolic & Rodeo President And the Frolic Board of Directors

Agenda Item G.05 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Review of Resolution 21-03 Declaring extension of an emergency – COVID-19 ______

Meeting Date: June 14, 2021 Department: Administration Staff Contact: Chris Workman

ISSUE STATEMENT Shall the City Council review Resolution 21-03 which declared a local state of emergency related to COVID-19?

BACKGROUND On March 19, 2020, the City Council approved Resolution 20-03 declaring an emergency and setting specific protocols for conduct of City business and meetings. On January 11, 2021, the City Council approved Resolution 21-03 re-affirming the continuing state of emergency.

In recent press conferences, Governor Kate Brown has announced that once Oregon reaches the 70 percent vaccination threshold the state will not require masks and face coverings in almost all settings, with some exceptions following federal guidance, including airports, public transit, and health care settings. The governor has also asked Oregon OSHA to review its workplace rules and update them based on this decision. The Governor has made June 21, 2021 the target date to reach 70% vaccination.

On June 7, Oregon OSHA stated it intends to repeal the basic face covering and physical distancing requirements of its COVID-19 rule when the state reaches 70 percent of its adults vaccinated against the virus with at least one dose.

Several operative clauses in Resolution 21-03 will be affected when this change at the state level comes about, and it is beneficial to review these changes and set expectations before they take place. The full resolution is provided as Attachment A. The objective clauses are analyzed below, from last to first:

Section 1. A Local State of Emergency is declared to exist throughout the City of Philomath. See Section 7

Section 2. All necessary City funds shall be redirected for emergency use, and standard City procurement procedures shall be suspended for any contract or purchase necessary to combat the COVID-19 Pandemic. This provision will not be needed post-emergency status.

Section 3. All meetings of the City Council, commissions, committees, task forces and city- sponsored events will be conducted in a manner to best protect the public and meet legal requirements. At what point will in-person meetings be reinstated? Once OSHA repeals the basic face covering and physical distancing requirements? Once Governor Brown declares the state of emergency has passed? What is the expectation of participants once in-person meetings are reinstated? Will live streaming continue? Agenda Item G.05 Meeting Date: 6/14/2021

Section 4. The City Manager is specifically authorized to determine the necessity for employment practices and policies, limiting public access to City facilities and other necessary and reasonable operational requirements for the City of Philomath for the duration of this emergency. City employees that have provided proof of vaccination are no longer required to wear a face covering or practice social distancing while at work. City building will re-open to the public on June 14, 2021. Guests and customers will be required to wear face coverings until the statewide requirement is lifted.

Section 5. The City shall comply with directives from the Oregon Health Authority and the Benton County Health Officials. We have and will continue to do this.

Section 6. The City of Philomath requests emergency operational aid as necessary and available for public health and economic needs from Benton County. We have received federal financial assistance but will not need additional help for day to day operations.

Section 7. This declaration of a state of emergency will continue to be effective until the statewide emergency expires, is declared resolved by the Governor of the State of Oregon, or is otherwise terminated. At what point does the City want to declare the local state of emergency has passed? Once the Governor makes the declaration, the local state of emergency will be resolved and the City will go back to pre-emergency status. That might happen before the next Council meeting.

COMMITTEE OPTIONS 1. Review Resolution 21-03 and direct staff on what changes to expect and when they should be expected.

CITY MANAGER RECOMMENDATION I am looking for specific direction on when I will need to be prepared for in-person meetings, what that will require, and when it will be expected. As we return to business as usual, what things are in place today because of the pandemic that we should consider maintaining, either in full or in part?

RECOMMENDED MOTION N/A

ATTACHMENTS A. Resolution 21-03 Declaring a Local State of Emergency Attachment A Agenda Item: G.05 Meeting Date: 6/14/2021

CITY OF PHILOMATH RESOLUTION 21-03 A RESOLUTION DECLARING A LOCAL STATE OF EMERGENCY RELATED TO THE NOVEL INFECTIOUS CORONOVIRUS (COVID-19), REQUESTING EMERGENCY ASSISTANCE FROM BENTON COUNTY, AND SUPERSEDING RESOLUTION 20-03.

FINDINGS OF FACT

1. COVID-19 was declared a pandemic by the World Health Organization on March 11, 2020.

2. Coronavirus are a group of viruses that can cause respiratory disease, with the potential to cause serious illness or loss of life, particularly for those individuals with underlying health conditions.

3. COVID-19 requires a significant amount of resources at the local level to keep the public and community informed and as safe as possible.

4. On March 8, 2020, Governor Kate Brown declared a state of emergency due to the COVID- 19 outbreak in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to public health and safety, and constitutes a statewide emergency under ORS 401.025(1) and has subsequently extended that declaration.

5. The Philomath City Council, recognizing that it lacks the expertise and knowledge held by the Governor’s medical, public health, and communicable disease experts, will defer to the recommendations of those experts, and adhere to the orders issued by the Governor.

6. On March 19, 2020, the Philomath City Council declared a state of emergency due to the COVID-19 outbreak (Resolution 20-03).

7. The population of the City of Philomath continues to be at imminent risk of injury and loss of life from the public health threat posed by the novel infectious coronavirus (COVID-19).

8. Pursuant to ORS 401 and Benton County ordinances, appropriate actions have been taken under the laws of the State of Oregon and Benton County has declared a state of emergency in the unincorporated areas of Benton County related to COVID-19, and will provide Emergency Health Operations within the corporate limits of the City of Philomath upon request.

9. The residents and businesses within the City of Philomath continue to be at imminent risk of economic injury and loss due to the short and long term effects of this health emergency posed by the novel infectious coronavirus (COVID-19).

10. Further, the City Council finds that appropriate response to this emergency has exceeded the capability of local resources from the City of Philomath.

City of Philomath Resolution 21-03: Declaring an Emergency Page 1 of 2 Approved: January 11, 2021 Attachment A Agenda Item: G.05 Meeting Date: 6/14/2021

11. Further, the City Council has determined that this emergency is of such unknown duration and severity that state and federal assistance is required.

NOW, THEREFORE, based upon the above findings, the City Council orders that the health, welfare and safety of the people of the City of Philomath require the following:

Section 1. A Local State of Emergency is declared to exist throughout the City of Philomath.

Section 2. All necessary City funds shall be redirected for emergency use, and standard City procurement procedures shall be suspended for any contract or purchase necessary to combat the COVID-19 Pandemic.

Section 3. All meetings of the City Council, commissions, committees, task forces and city-sponsored events will be conducted in a manner to best protect the public and meet legal requirements.

Section 4. The City Manager is specifically authorized to determine the necessity for employment practices and policies, limiting public access to City facilities and other necessary and reasonable operational requirements for the City of Philomath for the duration of this emergency.

Section 5. The City shall comply with directives from the Oregon Health Authority and the Benton County Health Officials.

Section 6. The City of Philomath requests emergency operational aid as necessary and available for public health and economic needs from Benton County.

Section 7. This declaration of a state of emergency will continue to be effective until the statewide emergency expires, is declared resolved by the Governor of the State of Oregon, or is otherwise terminated.

DATED this 11th day of January 2021.

PASSED by the Council this 11th day of January 2021.

APPROVED by the Mayor this 11th day of January 2021.

SIGNED: ATTEST:

______Chas Jones, Mayor Ruth Post, MMC, City Recorder

City of Philomath Resolution 21-03: Declaring an Emergency Page 2 of 2 Approved: January 11, 2021 Agenda Item #H.01 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Ordinance #846 Implementing a 9% Transient Lodging Tax

Meeting Date: June 14, 2021 Committee: Finance & Administration Committee

ISSUE STATEMENT Shall the City Council approve Ordinance #846 implementing a 9% Transient Lodging Tax

BACKGROUND Strategic Plan Objective 2.3.4: Consider implementation of a transient lodging tax (TLT) to fund future investments in tourism.

February 2020: Finance & Administration Committee received initial report from staff on implementing a TLT and directed staff to research sample ordinances and gather more information. August 2020: Committee tabled discussion until construction of RV park was more imminent. February 2021: Committee forwarded proposed ordinance to City Council for consideration. March 2021: City Council directed staff to set public hearing on TLT. May 2021: City Council held public hearing.

ANALYSIS Analysis of anticipated revenues was included in the May 10, 2021 Council agenda packet.

COUNCIL OPTIONS Approve Ordinance #846 as presented. Approve Ordinance #846 as amended. Reject Ordinance #846 and provide staff with direction.

CITY MANAGER RECOMMENDATION Approve Ordinance #846 as presented.

MODE OF ENACTMENT City Charter Section 8.2 addresses enactment of ordinances. Per Subsection 3(b) notice of this ordinance has been posted at City Hall and two other public places in the city, allowing the ordinance to be read by title only. With the criteria in Subsection 3 met, Subsection 2 enacts an ordinance at a single meeting by unanimous vote of all councilors present.

ROLL CALL Ordinances are approved by roll call vote. A “yes” vote is to approve the ordinance; a “no” vote is to reject the ordinance.

ATTACHMENT A. Ordinance #846 Implementing a 9% Transient Lodging Tax

City of Philomath Agenda Item Summary: Page 1 of 1 Ordinance #846 Transient Lodging Tax

Agenda Item #D.04 Meeting Date: 03/08/2021

Appendix B Model TLT Ordinance

AN ORDINANCE OF THE CITY OF [NAME] IMPLEMENTING A [INSERT PERCENT] TRANSIENT LODGING TAX WHEREAS, a local transient lodging tax is a tax imposed by a local government on the sale, service or furnishing of transient lodging; WHEREAS, transient lodging includes hotel, motel and inn dwelling units that are used for temporary overnight human occupancy; spaces used for parking recreational vehicles or erecting tents during periods of human occupancy; or houses, cabins, condominiums, apartment units or other dwelling units, or portions of any of these dwelling units, that are used for temporary human occupancy; WHEREAS, ORS 320.350 provides that a city council may impose a new local transient lodging tax if at least seventy percent (70%) of the net revenue shall be used to fund tourism promotion or tourism-related facilities or certain debt-related expenses and no more than thirty percent (30%) of net revenue may be used for city services; and WHEREAS, the city wishes to require any person other than a transient lodging provider that facilitates the retail sale of transient lodging and: charges for occupancy of the transient lodging; collects the consideration charged for occupancy of the transient lodging; or receives a fee or commission and requires the transient lodging provider to use a specified third-party entity to collect the consideration charged for occupancy of the transient lodging and remitting the tax to the city; and WHEREAS, the city council wants to impose a [insert percent] transient lodging tax. NOW THEREFORE, BASED ON THE FOREGOING, THE CITY OF [NAME] ORDAINS AS FOLLOWS: Chapter [insert chapter number] is hereby added to the [insert name of city] municipal code as follows: Section 1: DEFINITIONS The following definitions apply in this chapter. A. Transient Lodging Provider means a person that furnishes transient lodging.

B. Transient Lodging Intermediary means a person other than a transient lodging provider that facilitates the retail sale of transient lodging and:

a. Charges for occupancy of the transient lodging;

b. Collects the consideration charged for occupancy of the transient lodging; or

Legal Guide to Collecting Transient Lodging Tax in Oregon 18 Agenda Item #D.04 Meeting Date: 03/08/2021

c. Receives a fee or commission and requires the transient lodging provider to use a specified third-party entity to collect the consideration charged for occupancy of the transient lodging.

C. Transient Lodging Tax Collector means a transient lodging provider or transient lodging intermediary.

D. Occupancy means the right to the use or possession of any space in transient lodging for dwelling, lodging or sleeping purposes for less than 30 days.

E. Occupant means any individual who exercises occupancy or is entitled to occupancy in transient lodging for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.

F. Person means any individual, firm, partnership, joint venture, limited liability company, corporation, limited liability partnership, association, host, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

G. Rent means the consideration paid or payable by an occupant for the occupancy of space in transient lodging valued in money, goods, labor, credits, property, or other consideration. If a separate fee is charged for services, goods or commodities and the fee is optional, that fee is not included in rent.

H. Short-Term Rental means a house, duplex, multi-plex, apartment, condominium, houseboat, trailer or other residential dwelling unit where a person rents a guest bedroom or the entire residential dwelling unit for transient lodging occupancy. Generally, a short-term rental is zoned residential or has a building occupancy that only allows for residential use.

I. Short-Term Rental Hosting Platform means a business or other person that facilitates the retail sale of transient lodging by connecting occupants with transient lodging providers, either online or in any other manner. Short-term rental hosting platforms are transient lodging intermediaries.

J. Tax Administrator means the [Finance Director or other position] of the City of [insert].

K. Transient Lodging or Transient Lodging Facilities means:

(1) Hotel, motel, and inn dwelling units that are used for temporary overnight human occupancy; (2) Spaces used for overnight parking of recreational vehicles or placement of tents during periods of human occupancy; or

Legal Guide to Collecting Transient Lodging Tax in Oregon 19 Agenda Item #D.04 Meeting Date: 03/08/2021

(3) Houses, cabins, condominiums, apartment units or other dwelling units, or portions of any of these dwelling units that are used for temporary human occupancy. L. TLT or tax means the transient lodging tax.

Section 2: TAX IMPOSED A. Effective [DATE], each occupant shall pay a TLT in the amount of [TAX RATE] percent of the rent. The occupant shall pay the TLT with the rent to the transient lodging tax collector. TLT amounts shall be rounded down to the nearest cent. The transient lodging tax collector shall maintain records of all rent charged and TLT payments received. If rent is paid in installments, a proportionate share of the TLT shall be paid by the occupant to the transient lodging tax collector with each installment unless the occupant pays the entire amount with the first payment.

B. Bills, receipts or invoices provided to occupants shall list the TLT separately and must accurately state the amount of tax. All amounts listed as TLT on invoices, bills or receipts must be reported as TLT and, after collection, must be turned over to the city, less the [PERCENT13] percent administrative charge. Section 3: COLLECTION OF TAX BY TRANSIENT LODGING TAX COLLECTOR A. Every transient lodging tax collector shall collect the TLT at the time rent is paid, unless an exemption applies. If payment is by credit card, for purposes of this section, payment is made at the time credit card information is provided to the transient lodging tax collector, not when the transient lodging tax collector ultimately receives credit for the transaction. While holding the payment in trust for the city, a transient lodging tax collector may commingle the tax proceeds with the transient lodging tax collector’s funds, but the transient lodging tax collector is not the owner of tax proceeds, except that, when a return is filed, the transient lodging tax collector becomes the owner of the administrative fee authorized to be retained. Transient lodging tax collectors may choose to file returns and remit payment based on amounts accrued but not yet collected. The transient lodging tax collector is liable for any TLT that should have been collected from the occupant, except in cases of nonpayment of rent by the occupant.

B. Upon request of the city, transient lodging tax collectors must provide all physical addresses of transient lodging facilities within the city limits and the related contact information, including the name and mailing address, of the general manager, agent, owner, host or other responsible person for the location.

13 For new or increased TLTs, the administration fee cannot be less than 5%. See ORS 320.345.

Legal Guide to Collecting Transient Lodging Tax in Oregon 20 Agenda Item #D.04 Meeting Date: 03/08/2021

Section 4: SHORT-TERM RENTAL HOSTING PLATFORM FEES A hosting platform for short-term rentals may collect a fee for booking services in connection with short-term rentals only when those short-term rentals are lawfully registered as operators with the city and possess a certificate of authority at the time the short-term rental is occupied. Section 5: LIABILITY FOR TAX Transient lodging providers who receive any portion of the rent for transient lodging and transient lodging intermediaries that provide booking service are both transient lodging tax collectors and are jointly and severally liable for the tax. Section 6: EXEMPTIONS14 No TLT shall be imposed upon:

A. A dwelling unit in a hospital, health care facility, long-term care facility or any other residential facility that is licensed, registered or certified by the Oregon Department of Human Services or the Oregon Health Authority;

B. A dwelling unit in a facility providing treatment for drug or alcohol abuse or providing mental health treatment;

C. A dwelling unit that is used by members of the general public for temporary human occupancy for fewer than 30 days per year and is not rented out as transient lodging using a platform of any kind provided in any manner by a transient lodging intermediary;

D. A dwelling unit, the consideration for which is funded through a contract with a government agency and the purpose of which is to provide emergency or temporary shelter;

E. A dwelling unit at a nonprofit youth or church camp, nonprofit conference center or other nonprofit facility; or

F. A dwelling unit that is leased or otherwise occupied by the same person for a consecutive period of 30 days or more during the year. The requirements of this subsection are satisfied even if the physical dwelling unit changes during the consecutive period, if:

(1) All dwelling units occupied are within the same facility; and (2) The person paying consideration for the transient lodging is the same person throughout the consecutive period.

14 Under state law, exemptions are only applicable to the state tax, but most local jurisdictions choose to apply the exemptions to the local tax as well.

Legal Guide to Collecting Transient Lodging Tax in Oregon 21 Agenda Item #D.04 Meeting Date: 03/08/2021

Section 7: REGISTRATION OF TRANSIENT LODGING PROVIDER – FORM AND CONTENTS – EXECUTION – CERTIFICATION OF AUTHORITY A. Every person engaging or about to engage in business as a transient lodging provider shall provide a completed registration form to the tax administrator within 15 calendar days after commencing business. The registration form shall require the transient lodging provider to provide the name of the business, any separate business addresses, and other information as the tax administrator may require to implement this Chapter. Transient lodging providers who own or operate transient lodging facilities in [CITY] shall provide the address of the lodging facility. The registration form shall be signed by the transient lodging provider. The tax administrator shall, within 15 days after registration, issue without charge a certificate of authority to collect the TLT. The transient lodging provider’s obligation to collect the TLT is imposed once rent for transient lodging is paid, even if the registration form has not been filed or if the certificate has not been issued. If the rent transaction is facilitated online, the certificate of authority must be able to be viewed by the occupant by clicking on a link to the certificate of authority at a reasonable place during the payment transaction. B. Certificates shall be non-assignable and non-transferable and shall be surrendered to the tax administrator when the business is sold or transferred or when a transient lodging facility ceases to operate at the location specified in the registration form. Each certificate issued to a transient lodging provider for a specific lodging facility shall be prominently displayed at the lodging facility and include: (1) The name of the transient lodging provider; (2) The address of the transient lodging facility; (3) The date the certificate was issued; and (4) The certificate number as assigned by the tax administrator.15

Section 8: REMITTANCES AND RETURNS A. Transient lodging tax collectors must submit a completed tax return form to the tax administrator on or before the last day of the month following the end of each calendar quarter, reporting the amount of tax due during the quarter and accompanied by remittance of all tax collected, less a [five percent] administration fee.16

15 A certificate of authority should look something like a building permit or any city-issued permit.

16 Under ORS 320.345, 5 percent is the minimum reimbursement for new or increased TLTs. Cities can choose to increase this percentage, but not decrease it.

Cities can alter the tax due date. This schedule aligns with the state TLT under ORS 320.315.

In addition, ORS 320.347 makes an exception for camping and recreational vehicle spaces:

Legal Guide to Collecting Transient Lodging Tax in Oregon 22 Agenda Item #D.04 Meeting Date: 03/08/2021

B. The transient lodging tax collector is entitled to the administration fee. If a transient lodging facility has multiple owners, they are not entitled to retain additional fees.

C. Remittances are delinquent if not made by the last day of the month in which they are due.

D. Returns shall show the gross rents collected, taxable rents, the total amount of TLT collected and the amount of the administrative fee retained by the transient lodging tax collector. Returns shall also show the exempt and excluded rents and the basis for exemptions and exclusions.

E. Tax returns and remittances may be submitted in person or by mail. If the return and remittance is mailed, the postmark shall be considered the date of delivery.

F. The tax administrator may extend the time for making any return or remittance of the tax by up to 30 days. No further extension shall be granted, except by the city council. Any transient lodging tax collector to whom an extension is granted shall pay interest at the rate of [PERCENT] per month on the amount of the remittance due without proration for a fraction of a month. If a return is not filed, and the remittance and interest due is not paid by the end of the extension granted, then the interest shall become a part of the tax for computation of penalties. Section 9: PENALTIES AND INTEREST A. Interest shall be added to the overall tax amount due at the same rate established under ORS 305.220 for each month, or fraction of a month, from the time the return to the tax administrator was originally required to be filed to the time of payment. B. If a transient lodging tax collector fails to file a return or pay the tax as required, a penalty shall be imposed in the same manner and amount provided under ORS 314.400. C. Every penalty imposed, and any interest that accrues, becomes a part of the financial obligation required to be paid and remitted to the tax administrator. D. Taxes, interest, and penalties paid to the tax administrator under this section shall be distributed to the city’s {Name of Designated Fund}.

“(1) Except as provided in this section, a unit of local government that imposes a tax on the rental of privately owned camping or recreational vehicle spaces shall, regardless of a schedule imposed by the unit of local government for remitting tax receipts, allow a transient lodging tax collector to hold the tax collected until the amount of money held equals or exceeds $100. (2) Once the amount held by a transient lodging tax collector equals or exceeds $100, or by December 31 of each year if the $100 threshold is not met, the transient lodging tax collector shall remit the tax collected at the next following reporting period established by the unit of local government for payment of the tax. (3) A unit of local government may not assess any penalty or interest against a transient lodging tax collector that withholds payments pursuant to this section.”

Legal Guide to Collecting Transient Lodging Tax in Oregon 23 Agenda Item #D.04 Meeting Date: 03/08/2021

Section 10: DEFICIENCY DETERMINATION – FRAUD, EVASION, LOCAL TAX TRUSTEE DELAY A. Deficiency Determination. The tax administrator may review tax returns and adjust the amount due based on the information in the return, on information obtained during a review or audit of records, or on the basis of other evidence. In the event of a deficiency, the tax administrator shall provide notice of the deficiency to the transient lodging tax collector, who shall remit deficiencies within 10 business days of the deficiency notice. Notice may be by personal delivery or certified or registered mail.

(1) In reviewing and adjusting tax returns, the tax administrator shall offset any amount received in excess of the remittances due against any shortages in remittances.

(2) Except in the case of fraud or intent to evade the TLT, notice of deficiency determinations shall be issued within three years of the period for which the deficiency determination is made.

(3) The time to remit deficient payment amounts under this section shall be extended if the local tax trustee timely requests a redetermination.

B. Fraud – Refusal to Collect – Evasion. If any transient lodging tax collector fails to collect, report or remit the tax as required, submits a fraudulent return, or otherwise violates or attempts to violate this chapter, the tax administrator shall estimate the tax due, and calculate the amount owing from the transient lodging tax collector for tax remittance, interest and penalties and provide notice to the transient lodging tax collector of the assessment. The determination and notice shall be made and mailed within three years of the discovery by the tax administrator of the violation. The determination is due and payable upon receipt of notice and shall become final 10 business days after the date notice was delivered if no petition for redetermination is filed.

Section 11: REDETERMINATIONS A. Any person affected by a deficiency determination may file a petition for redetermination with the tax administrator within 10 business days of service of notice of the tax deficiency. A determination becomes final if a petition for redetermination is not timely filed.

B. If a petition for redetermination is filed within the allowable period, the tax administrator shall reconsider the determination and grant an oral hearing if requested. The petitioner shall be allowed at least 20 business days to prepare for the hearing.

C. After considering the petition and all available information, the tax administrator shall issue a redetermination decision and mail the decision to the petitioner. During the redetermination process, the tax administrator may agree to a compromise of the amount due if there is a good faith dispute over the amount owing.

Legal Guide to Collecting Transient Lodging Tax in Oregon 24 Agenda Item #D.04 Meeting Date: 03/08/2021

D. The decision of the tax administrator on redetermination becomes final and payment is due 10 business days after the decision is mailed unless the petitioner files an appeal to the city council within that time. The appeal shall be filed with the tax administrator. The city council’s decision shall be final when reduced to writing and mailed to the petitioner and all amounts due must be paid within 10 business days of mailing of the city council decision.

Section 12: COLLECTIONS A. The city may bring legal action to collect on any amounts owed to the city under this chapter within three years after remittance is due to the city or within three years after any determination becomes final.

B. The city is entitled to collect reasonable attorneys’ fee in any legal action brought to collect on amount owed to the city under this chapter.

Section 13: LIENS The city may record a lien in the city’s lien docket against any real property owned by a transient lodging provider who receives any portion of the rent from a transient lodging facility located within the city as to any delinquent remittances by the transient lodging provider.

Section 14: REFUNDS A. Refunds by City to Transient Lodging Tax Collector. If the transient lodging tax collector remits more tax, penalty or interest than is due, the transient lodging tax collector may file a claim in writing stating the facts relating to the claim, within three years from the date of remittance. If the claim is approved by the tax administrator, the excess amount shall be either refunded or credited on any amount due from the transient lodging tax collector.

B. Refunds by City to Occupant. A transient lodging tax collector may file a claim for refund by filing a claim in writing within three years of payment providing the facts relating to the claim for refund. If the tax administrator determines that the tax was collected and remitted to the city and the occupant was not required to pay the tax or overpaid, the city shall issue a refund to the occupant.

C. Refunds by Transient Lodging Tax Collector to Occupant. If an occupant has paid tax to a transient lodging tax collector but stays a total of 30 or more consecutive days in the same transient lodging facility, the transient lodging tax collector shall refund to the occupant any tax collected for any portion of the continuous stay. The transient lodging tax collector shall account for the collection and refund to the tax administrator. If the transient lodging tax collector has remitted the tax prior to the refund or credit to the occupant, the transient lodging tax collector shall be entitled to a corresponding refund or offset if the claim for refund is filed within three years from the date of collection.

Legal Guide to Collecting Transient Lodging Tax in Oregon 25 Agenda Item #D.04 Meeting Date: 03/08/2021

D. Burden of Proof. The person claiming the refund shall have the burden of proving the facts that establish the basis for the refund.

Section 15: ADMINISTRATION A. Use of TLT Funds.17 Seventy percent of the revenue from the tax rate of [tax rate] shall be used for tourism promotion and tourism -related facilities. Thirty percent of the revenue of the [tax rate] shall be used for City services.18

B. Records Required from Local Tax Trustee. Every local tax trustee shall keep records of each transaction involving rent and/or collection of TLT. All records shall be retained for at least three years and six months.

C. Examination of Records – Investigations. The tax administrator or agent may examine all records of a local tax trustee relating to receipt of rent and TLT and remittance of tax during normal business hours and may obtain copies of the records to audit returns.

D. Authority of Tax Administrator. The tax administrator shall have the power to enforce this chapter, conduct audits, and to adopt rules, regulations and forms consistent with this chapter. Rules and regulations of general application shall be mailed to all registered transient lodging

17 The example provided here assumes the city did not have a TLT prior to 2003 and therefore the entire tax is subject to the 70/30 distribution required by state law for newly imposed TLTs. ORS 320.350. If a city has a grandfathered TLT with a different distribution ratio and the city would like to increase the tax rate, it may do so but the increase will trigger the 70/30 distribution required by state law. Although not completely free from doubt, most local governments interpret the 70/30 distribution to only apply to the increased portion of the TLT, not the total revenue generated from the increased tax as a whole. For example, if the local government had a 5 percent grandfathered tax with 20 percent going to tourism promotion and 80 percent going to the general fund on or before July 1, 2003, it could continue to apply the 20/80 distribution. However, if the local government increased the tax to 8 percent, the 20/80 distribution would apply to the funds raised by the grandfathered 5 percent and the 70/30 distribution would apply to the funds raised by the 3 percent increase. Sample language for this scenario would be: Twenty percent of the revenue from the first 5 percent shall be used for tourism promotion and 80 percent of the revenue from the first five percent of the tax shall go into the general fund. Seventy percent of the funds generated by the remaining three percent of the tax may be used for any tourism purpose consistent with state law. Thirty percent of the funds generated by the remaining 3 percent shall go into the general fund.

18 Cities are advised to closely track TLT funds. The best practice is to form a “Tourism Fund” where the tax revenue is used only for tourism promotion and tourism-related facilities. In this way, if the city’s compliance with ORS 320.350 is ever challenged, the city can prove the funds were used appropriately. If TLT funds are placed in the general fund, or combined with other tax revenue, this may be more difficult.

Likewise, if a city transfers TLT funds to a third party—such as a chamber of commerce—the city should have an agreement with the third party which gives the city the ability to audit the funds to ensure compliance with the law. Please see Appendix C for recommended language to include.

Legal Guide to Collecting Transient Lodging Tax in Oregon 26 Agenda Item #D.04 Meeting Date: 03/08/2021

providers. The tax administrator may also issue written interpretations on request of a transient lodging tax collector. As to the transient lodging tax collector to whom the interpretation is issued, the City will act consistently with the interpretation until it is withdrawn, and the city shall provide 30 days’ written notice of withdrawal of an interpretation.

E. Confidential Character of Information Obtained – Disclosure Unlawful. The city shall maintain the confidentiality of information provided by transient lodging tax collector. Nothing in this subsection shall be construed to prevent: (1) The disclosure to, or the examination of records and equipment by, another city official, employee or agent for collection of taxes for the purpose of administering or enforcing any provisions of this chapter or collecting city business license fees. (2) Disclosure of information to the transient lodging tax collector and the transient lodging tax collector’s agents. (3) The disclosure of the names and addresses of any persons to whom certificates of authority have been issued. (4) The disclosure of general statistics regarding taxes collected or business done in the City. (5) Disclosures required by ORS Chapter 192. (6) Disclosures required by ORS Chapter 297.

Section 16: APPEALS TO CITY COUNCIL Any person aggrieved by any decision of the tax administrator may appeal to the city council by filing a written appeal with the tax administrator within 10 business days of the serving or mailing of the decision being appealed. The city manager shall schedule the hearing on a city council agenda and provide the appellant notice of the hearing at least 10 business days before the hearing. The city council may agree to a compromise of the amount of tax remittance if there is a good faith dispute over the amount owing. Any person may appeal the issuance of a rule or regulation issued by the tax administrator to the city council by filing a written appeal within 10 business days of the mailing of the notice of the regulation. Section 17: PENALTY19 A violation of this chapter is a Class A civil infraction. Each day that a violation remains uncured is a separate infraction.

19 Cities may want to include a penalty section or make violations subject to the city’s general penalty, if applicable.

Legal Guide to Collecting Transient Lodging Tax in Oregon 27 Agenda Item #H.02 Meeting Date: 6/14/2021

Philomath City Council Agenda Item Summary

Title/Topic: Ordinance #84 7 Adopting updated System Development Charge (SDC) Methodology Reports

Meeting Date: June 14, 2021 Committee: Public Works Committee

ISSUE STATEMENT Shall the City Council approve Ordinance #847 adopting updated SDC methodology reports?

BACKGROUND July 2019 Updating of SDC methodologies introduced to Public Works Committee. The Committee directed staff to provide proposals from consultants. March 2020: Public Works Committee reviewed proposals from consultants to prepare updated SDC methodology reports and selected Curran-McLeod Inc., Consulting Engineers. October 2020: Public Works Committee reviewed first and second drafts of reports on water, sewer and transportation SDC's and recommended the reports be sent to the City Council for public hearing and consideration. March 2021: City Council held a work session to review the proposed methodology reports. April 2021: Public hearing held to receive public comment on the proposed reports. There was no public comment received.

ANALYSIS Analysis of the proposed new SDC rates was provided at the April 12, 2021 public hearing.

COUNCIL OPTIONS Approve Ordinance #847 as presented with each of the reports referenced as an attachment. Approve Ordinance #847 as amended. Deny Ordinance #847 and provide staff with new direction.

CITY MANAGER RECOMMENDATION Approve Ordinance #847 as presented.

MODE OF ENACTMENT City Charter Section 8.2 addresses enactment of ordinances. Per Subsection 3(b) notice of this ordinance has been posted at City Hall and two other public places in the city, allowing the ordinance to be read by title only. With the criteria in Subsection 3 met, Subsection 2 enacts an ordinance at a single meeting by unanimous vote of all councilors present.

ROLL CALL Ordinances are approved by roll call vote. A “yes” vote is to approve the ordinance; a “no” vote is to reject the ordinance.

Philomath City Council Agenda Information Summer: Page 1 of 2 Ordinance #847 Adopting updated SDC Methodology Reports Agenda Item #H.02 Meeting Date: 6/14/2021 ATTACHMENTS Ordinance #847 Adopting updated SDC Methodology Reports Attachment A: Water System Development Charge (SDC) & Capital Improvement Plan Update Attachment B: Sanitary Sewer SDC & Capital Improvement Plan Update Attachment C: Transportation SDC & Capital Improvement Plan Update Attachment D: Parks SDC Methodology Update

Philomath City Council Agenda Information Summer: Page 2 of 2 Ordinance #847 Adopting updated SDC Methodology Reports CITY OF PHILOMATH ORDINANCE #847

AN ORDINANCE ADOPTING SYSTEM DEVELOPMENT CHARGE RATES AND METHODOLOGIES FOR THE WATER, SEWER, TRANSPORTATION AND PARK SYSTEMS.

Whereas, the City Council has adopted Philomath Municipal Code Chapter 14.15 requiring new development to pay System Development Charges. PMC Section 14.15.050(C) requires adoption of an SDC methodology by ordinance; and

Whereas, the City Council updated the Water System Master Plan in 2018 and It has been determined that the existing Water Systems Development Charges needs to be updated to reflect current and future needs of the city water system; and

Whereas, the City of Philomath updated the Wastewater System Facilities Plan in 2017 and It has been determined that the existing Sewer Systems Development Charges needs to be updated to reflect current and future needs of the city wastewater system; and

Whereas, the City of Philomath updated the Transportation System Plan in 2018 and It has been determined that the existing Transportation Systems Development Charges needs to be updated to reflect current and future needs of the city transportation system; and

Whereas, the City of Philomath updated the Parks System Master Plan in 2016 and it has been determined that the existing methodology for Parks Systems Development Charges needs to be updated to reflect current and future needs of the city park system.

THE CITY OF PHILOMATH ORDAINS AS FOLLOWS:

Section 1: The Philomath City Council adopts the Water System Development Charge (SDC) & Capital Improvement Plan Update dated February 2021 attached hereto as Exhibit A.

Section 2: The Philomath City Council adopts the Sanitary Sewer System Development Charge (SDC) & Capital Improvement Plan Update dated February 2021 attached hereto as Exhibit B.

Section 3: The Philomath City Council adopts the Transportation System Development Charge (SDC) & Capital Improvement Plan dated February 2021 attached hereto as Exhibit C.

Section 4: The Philomath City Council adopts the Parks System Development Charge Methodology Update dated February 2021 attached hereto as Exhibit D.

This ordinance shall become effective thirty (30) days after its passage by the Council and approval by the Mayor.

PASSED by the Council on this ____ day of ______.

APPROVED by the Mayor on this ____ day of ______.

______ATTEST: ______Chas Jones, Mayor Ruth Post, MMC, City Recorder Ordinance #847: Attachment A

City of Philomath

WATER SYSTEM DEVELOPMENT CHARGE (SDC) & CAPITAL IMPROVEMENT PLAN UPDATE

Benton County, Oregon

February 2021

CURRAN-McLEOD, INC., CONSULTING ENGINEERS 6655 SW Hampton Street, Suite 210 Portland, Oregon 9722 Ordinance #847: Attachment A

City of Philomath

WATER SYSTEM DEVELOPMENT CHARGE (SDC) & CAPITAL IMPROVEMENT PLAN UPDATE

TABLE OF CONTENTS

OVERVIEW ...... 1 SDC METHODOLOGY OVERVIEW ...... 1 ANNUAL ADJUSTMENTS ...... 3 CREDITS FOR ELIGIBLE CONSTRUCTION ...... 4 VALUE OF WATER SYSTEM CONSTRUCTION CREDITS ...... 5 CREDIT FOR PRE-EXISTING USE ...... 5 SDC ADMINISTRATION REQUIREMENTS ...... 6 REVIEW PROCEDURE ...... 6 EQUIVALENT DWELLING UNIT (EDU) DEMAND ...... 7 REIMBURSEMENT FEE ASSET SUMMARY ...... 7 REPLACEMENT COST OF EXISTING ASSETS ...... 8 WATER SDC REIMBURSEMENT FEE CALCULATION ...... 9 WATER SYSTEM CAPITAL IMPROVEMENT PLAN ...... 9 ESTIMATED COST OF CAPITAL IMPROVEMENTS ...... 9 SDC IMPROVEMENT FEE SUMMARY ...... 10 WATER SDC FEE SUMMARY ...... 11 WATER SYSTEM SDC FEE SCHEDULE ...... 12

Ordinance #847: Attachment A

City of Philomath WATER SYSTEM DEVELOPMENT CHARGE METHODOLOGY & CAPITAL IMPROVEMENT PLAN February 2021

OVERVIEW

This update of the City of Philomath Water System Development Charge (SDC) is intended to summarize the current value of the water source, treatment, distribution, and storage systems that serve existing users, to document the estimated costs of capital improvements required to serve future users, and to develop an equitable, proportionate allocation of these values and costs to all users, current and future. The goal of this effort is to update the existing SDC methodology to ensure it is understandable, defensible, and equitable to both the existing and future users of the system.

The City of Philomath first adopted a System Development Charge for all capital improvements in Resolution 94-18, with the initial water SDC established as $1,446 per single family residential unit. In 2004, the City updated the Water System Master Plan, and subsequently updated the Water SDC methodology and fee. That fee is increased annually, since 2004, in accordance with the ENR construction cost index. The current 2020 fee is $9,616 per EDU.

SDC METHODOLOGY OVERVIEW

Oregon Revised Statutes 223.297 through 223.314 provides the statutory basis for application of System Development Charges. These statutes are intended to provide a uniform framework for development of equitable funding to support orderly growth.

According to the statute, SDCs are composed of a Reimbursement Fee to include the value of existing improvements, and an Improvement Fee to include the estimated costs of improvements needed to serve future growth. The total of the value of the existing improvements and estimated costs for required future improvements are allocated proportionally to all users, based on the individual demands placed on the system.

Additionally, the statutes allow for the inclusion of an administration fee to cover the staff time required to calculate the fees, invoice, and collect revenues and provide annual accounting.

CITY OF PHILOMATH - WATER SDC UPDATE 1 Ordinance #847: Attachment A

The statutes in ORS 223 permit the reimbursement fee to be based on the “value” or “cost” of the existing systems. This 2020 update uses the current “replacement value” for all existing system improvements, less grants, contributions, and existing debt, to establish the basis of the Reimbursement Fee. The basis for the Improvement Fee is the estimated cost of the capital improvements identified in the 2018 Water System Master Plan.

For a reimbursement fee, the City’s current methodology uses a present value of the water distribution lines within an approximate 40-block City core area and included no value on the existing source, treatment, or storage systems due to limited capacity.

Common to all of the municipal utilities, the existing infrastructure has components with surplus capacity for future users, as well as some areas of deficiencies or inadequacies in serving the existing users. Similarly, projects on the Capital Improvement Plan listing are required to provide capacity for future users, but also frequently resolve deficiencies in service to the existing users. To account for the available capacity in the City’s infrastructure and the concurrent need to undertake capital improvements to resolve deficiencies, this SDC Methodology includes a combination of both Reimbursement Fees and Improvement Fees.

CITY OF PHILOMATH - WATER SDC UPDATE 2 Ordinance #847: Attachment A

The existing infrastructure essentially provides a base level of service to serve current and future users, whereas the required capital improvements provide resolution of existing deficiencies, as well as the expansion needed to serve future users. To address these issues and provide an equitable allocation of costs, the value of all existing facilities and the estimated cost of all future improvements are allocated to all users, current and future equally, based on the UGB buildout number of EDU. This method of allocating costs to all users ensures that the charge to future connections is equitable and that it is no more than the proportionate cost allocated to each existing user.

This methodology avoids double charging for capacity and is also independent of current population. With this approach, there is no need to identify percentage of remaining capacity to serve future users, nor to estimate future population growth. This allocation is dependent only upon the value of the existing facilities, the estimated cost of the required future facilities and the capacity of each.

The values placed on the existing improvements have taken into consideration rate-making principles and the impacts of inflation, contributions by existing users, gifts or grants to the City to construct the infrastructure, the current condition of existing facilities, and any outstanding debt. The City of Philomath currently has no water system debt.

Population projections are useful to anticipate future needs; however, the rate of growth to reach the projected population does not impact the fee calculations. The fee is based on funding the needed improvements to support growth, independent of when that population growth is realized. In periods of accelerated growth, SDC revenues will accrue more quickly to allow undertaking needed improvements earlier. In periods of low growth, revenues will accrue more slowly, but the need for infrastructure improvements to support this growth is also protracted.

ANNUAL ADJUSTMENTS

As permitted by ORS 223.304(8): 1) adopted SDC fees may be adjusted as needed, based upon changes in the cost of materials, labor or real property applied to projects or project capacity as set forth in the associated systems’ CIP; or 2) adopted SDC fees may be increased periodically based upon application of a specific cost index.

The statutes require an adopted cost index to be:

(A) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property, or a combination of the three.

(B) Published by a recognized organization or agency that produces the index or date source for reasons that are independent of the system development charge methodology; and,

(C) Incorporated as part of the established methodology, or identified and adopted in a separate ordinance, resolution, or order.

CITY OF PHILOMATH - WATER SDC UPDATE 3 Ordinance #847: Attachment A

The Engineering News Record (ENR) publishes a nationwide 20-city average cost escalation factor called the Construction Cost Index (CCI) that satisfies the criteria in this statute. The use of this 20-city average provides a well-established and well-known industry standard for the average change in construction costs. The current ENR CCI for December 2020 is 11,626.

In accordance with ORS 223.309(2), the City may adjust any of the capital improvement projects, adjust project cost estimates, or values of existing improvements by resolution or ordinance at any time. However, if the SDC is increased as a result of the addition of a new “capacity increasing capital improvement” project, the City must provide a written notice a minimum of 30 days prior to adoption of the modifications to persons who have requested notice under ORS 223.304(6). Subsequently, the City must hold a public hearing for adoption only if, within seven days of the proposed adoption, the City receives a written request for a hearing.

If the City elects to modify the cost allocation methodology as opposed to only adjusting the project values or CIP inventories, written notice is required to be mailed 90 days prior to any adoption hearings to all persons who have requested notification under ORS 223.304(6). Additionally, the revised methodology must subsequently be made available for public review a minimum of 60 days prior to the hearing for adoption.

If no persons are listed per ORS 223.304(6), then no advance notification is required for adjustments, other than those required for any public meeting.

CREDITS FOR ELIGIBLE CONSTRUCTION

ORS 223.304(4) requires that a method of credits be available for the construction of qualified public improvements. The statute further defines qualified public improvements as those required as a condition of development approval, identified in the plan and list adopted pursuant to ORS 223.309 and either:

(a) Not located on, or contiguous to, property that is the subject of development approval; or,

(b) Located in whole or in part on, or contiguous to, property that is the subject of development approval and required to be built larger, or with greater capacity, than is necessary for the particular development project to which the improvement fee is related.

As a result of ORS 223.304(4) (a), a credit must be provided for eligible off-site public improvements; and in accordance with ORS 223.2304(4) (b), a credit must be provided for on- site development for the component of an eligible improvement which has capacity greater than the local government's minimum standard facility size or capacity.

CITY OF PHILOMATH - WATER SDC UPDATE 4 Ordinance #847: Attachment A

The following table summarizes the construction cost estimates based on the estimates in the Water Master Plan. These include 35% for engineering, legal, administration and contingency, adjusted to the current ENR CCI index, and exclude any cost for service laterals. These estimates are used to establish a value on existing oversize pipelines improvements:

CITY OF PHILOMATH VALUE OF WATER SYSTEM CONSTRUCTION CREDITS December 2020 ENR CCI 11,626

LINE SIZE 8" 10" 12" 16”

CONSTRUCTION COST $160/lf $185/lf $200/lf $230/lf

OVERSIZE CREDIT $0 $25/lf $40/lf $70/lf

The value of credits provided to developers for construction of eligible improvements are based on actual cost. Credits are used to offset the SDC fees due from the developing property. In the event the credit exceeds the fees due from the development, the City will provide a credit against future development. ORS 223.304(5)(d) states credits must be used within 10 years. However, ORS 223.304(5)(c) allows the City to adopt credit provisions beyond the credits required by statute, if so desired.

When growth pressures mandate the City make improvements within fully developed areas or unrelated to any specific development, the entire cost of the improvement may be funded with SDC revenues. If the improvement will provide service to undeveloped areas, the SDC expenditure should be reimbursed through an Advance Financing cost allocation or an SDC overlay covering the developable area.

CREDIT FOR PRE-EXISTING USE

A system development charge is imposed on all new construction, or when a change of use on a parcel increases the demand on the utility. In the event of a change of use, the system development charge for the new use shall be offset by a credit in the amount of the calculated system development charge for the pre-existing use. The adjustment may not reduce the SDC charges to result in a refund.

The City of Philomath policy is that if an existing service is discontinued, after 24 months it will be considered abandoned and no SDC credit for pre-existing use is provided to future redevelopment of the property.

CITY OF PHILOMATH - WATER SDC UPDATE 5 Ordinance #847: Attachment A

SDC ADMINISTRATION REQUIREMENTS

Per ORS 223.311, System Development Charge revenues must be deposited in accounts designated for SDC revenues for each infrastructure. An annual accounting must be prepared by January 1 of each year, identifying amounts collected for each utility, the projects that were funded and the amount of revenues collected to administer the SDC in the previous fiscal year.

The statute allows Reimbursement Fees to be expended on any capital improvements or associated debt service within the subject infrastructure. Improvement Fees may only be spent on projects that are included in a listing of eligible capital improvements planned to be funded with SDC revenues. Eligible projects include projects that increase capacity or level of performance on existing facilities, and associated debt service.

Oregon Revised Statutes 223.307(5) also allows SDC revenues to be expended for costs of complying with the provisions of the SDC statutes contained in ORS 223.297 to 223.314, including the costs of administration, and providing annual accounting of development charge expenditures. Accordingly, a 1% surcharge is added to each identified fee to account for the cost of administration.

Annually, a transfer from each SDC fund in the amount of the 1% of the annual collections may be made to the City department completing the administration for calculations, collections, accounting, and annual fee adjustments. This transfer should be identified in each annual summary.

REVIEW PROCEDURE

Adoption of this System Development Charge Methodology and Capital Improvement Plan includes the adoption of an administrative review procedure for the methodology, expenditures, and fee calculation.

Per ORS 223.304(7) (b) the SDC Methodology may be contested within 60 days of adoption in accordance with the procedure established in ORS 34.010 to 34.100. A challenge of any SDC expenditure must be made in accordance with the procedures defined in ORS 34.010 to ORS 34.100, and may be filed within 2 years of the SDC revenue expenditure.

If a private developer objects to the calculation of a system development fee, the City will take into consideration a utility impact analysis prepared specifically for the development that substantiates the demand on the infrastructure. The subsequent formal conclusion by the City may be contested through the procedures established in ORS 34.010 to ORS 34.100 for a writ of review. To avoid project delays, in the case of a contested fee calculation, the SDC fee payment shall be made as a deposit pending the formal review and outcome, at which time additional fees may be assessed or a refund provided.

CITY OF PHILOMATH - WATER SDC UPDATE 6 Ordinance #847: Attachment A

EQUIVALENT DWELLING UNIT (EDU) DEMAND

An Equivalent Dwelling Unit (EDU) is defined as the demand placed on the water system by a single-family residential unit, which is served by a 5/8” x 3/4” water service meter.

The 2018 Water System Master Plan identified average daily demands as 106 gallons per day per capita although this figure included industrial/commercial/other demands. Metered sales records indicate residential demands comprise 70% of all water sales, with commercial, industrial, and other uses representing 30% of water demands. Average day demand per capita would actually be 70% of 106 gpd, or 75 gpd per capita. Based on the peaking factor identified in the Master Plan, Peak Day Demand would equal to 2.34 times 75 gpd, or 175 gpd per capita.

Based on the US Census Data in the American Communities Survey, the average household size in Philomath is 2.64 persons. The peak day demand per Equivalent Dwelling Unit (EDU) using 2.64 persons per EDU and 175 gpd per capita equals 460 gallons per day per EDU (gpd/EDU).

Source, treatment, and storage facility’s ability to serve the community can be determined simply by dividing the facility capacity by the peak day demand per EDU. Distribution system capacities are defined by a geographical service area. The distribution system provides the backbone for expanding the system throughout the Urban Growth Boundary. As a result, cost allocations for distribution system improvements are based on the number of EDUs calculated at build-out of the UGB area.

The 2018 Water System Master Plan projected complete buildout of the Philomath Urban Growth Boundary to contain a population of 7,383. At 2.64 persons per household, the buildout of the UGB will contain 2,797 residential EDU, which comprise 70% of the total. Commercial/Industrial/Other comprise the remaining 30%, or an additional 1,200 EDU, resulting in a total of approximately 4,000 EDU at buildout of the UGB projected in the year 2038.

REIMBURSEMENT FEE ASSET SUMMARY

The Reimbursement and the Improvement Fees include the replacement value of existing improvements and the estimated costs of needed future improvements allocated proportionally to all users. This methodology equitably accounts for excess capacity, as well as various system deficiencies, by allocating the value of existing improvements (in the Reimbursement Fee) and the cost of all needed improvements (in the Improvement Fee) over the total of all existing and future users. This ensures the charge to future users is no more than the allocation to existing users. Total capacity is by design to serve 7,383 population, which equates to an estimated 4,000 EDU, at buildout of the current UGB.

The Reimbursement Fee is intended to quantify the value of all existing improvements available to serve existing and future demands. The following table lists the replacement value of each component of the system, based on the December 2020 ENR CCI of 11,626. Values are adjusted to account for current condition, to exclude grants and principle forgiveness, and to remove any outstanding debt serviced with rate revenues.

CITY OF PHILOMATH - WATER SDC UPDATE 7 Ordinance #847: Attachment A

The total value of existing improvements comprises a base level of service to serve all EDU through buildout of the UGB. This base value is then divided by the total estimated 4,000 EDU at buildout.

CITY OF PHILOMATH WATER SYSTEM DEVELOPMENT CHARGE REPLACEMENT COST OF EXISTING ASSETS December 2020 ENR CCI 11,626

Estimated Estimated Net SDC EDU SDC Cost No. Project Description Replacement Grant/Loan/ Value Capacity Per EDU Value Developers

SOURCE FACILITIES: 1 Water Rights, 7.03 CFS $100,000 0 $100,000 4,000 $25 2 9th Street Well Source 300,000 0 300,000 4,000 75 3 11th Street Well Source 500,000 0 500,000 4,000 125 4 Corvallis Intertie 600,000 0 600,000 4,000 150 Sub Total $1,500,000 $0 $1,500,000 Sub Total $375 TREATMENT: 5 Marys River Intake & PS $800,000 0 $800,000 4,000 $200 6 Marys River WTP, 1 MGD 4,000,000 0 4,000,000 4,000 1,000 7 High Service Pump Station 400,000 0 400,000 4,000 100 8 WTP Site, 2.3 Acres 230,000 0 230,000 4,000 58 Sub Total $5,430,000 $0 $5,430,000 Sub Total $1,357 STORAGE: 9 Neabeack Hill Res, 1.25 MG $1,850,000 0 $1,850,000 4,000 $463 Sub Total $1,850,000 $1,850,000 Sub Total $463 DISTRIBUTION: 10 10" Oversize Pipe, 3,700 lf $92,500 0 $92,500 4,000 $23 11 12" Oversize Pipe, 26,100 lf 1,044,000 0 1,044,000 4,000 261 12 14" Oversize Pipe, 1,200 lf 66,000 0 66,000 4,000 17 13 16" Oversize Pipe, 3,700 lf 259,000 0 259,000 4,000 65 Sub Total $1,461,500 $1,461,500 Sub Total $365 PLANNING: 14 Master Plan, WCMP, SDC $120,000 $120,000 4,000 $30 Sub Total $120,000 $0 $120,000 Sub Total $30 TOTAL $10,361,500 $0 $10,361,500 TOTAL $2,590

CITY OF PHILOMATH - WATER SDC UPDATE 8 Ordinance #847: Attachment A

WATER SDC REIMBURSEMENT FEE CALCULATION

The Reimbursement Fee is the total of the value of each water system component per EDU listed above.

SDC Reimbursement Fee = $2,590 per EDU

WATER SYSTEM CAPITAL IMPROVEMENT PLAN

The following table contains the Capital Improvement Plan for future improvements required to serve the community to the year 2038, based on the 2018 Water System Master Plan:

CITY OF PHILOMATH WATER SYSTEM CAPITAL IMPROVEMENT PLAN ESTIMATED COST OF CAPITAL IMPROVEMENTS December 2020 ENR CCI 11,626

Total Estimated Net SDC No.* Project Description Priority Estimated Grant/Loan/ Cost Cost* Developers Source: S-1 Faxon Water Rights Transfer 1 $ 16,000 - $ 16,000 S-2 Marys River Rights Perfection 2 10,500 - 10,500 S-4 9th Street Well Improvements 1 130,000 - 130,000 S-5 11th Street Well Testing 2 18,000 - 18,000 S-6 11th Street Well ASR 2 305,000 - 305,000 S-7 11th Street Well Transmission 2 720,000 - 720,000 Sub Total $ 1,199,500 Treatment: T-1 WTP Improvements 1 $ 11,300,000 - $ 11,300,000 T-2 WTP Decommissioning 1 55,000 - $ 55,000 Sub Total $ 11,355,000 Storage: ST-1 1.5 MG Storage Reservoir 1 $3,300,000 - $ 3,300,000

ST-2 Neabeack Hill Res Rehab 1 350,000 - 350,000

Sub Total $ 3,650,000

CITY OF PHILOMATH - WATER SDC UPDATE 9 Ordinance #847: Attachment A

Distribution: D-1 N 16th St Water, 300' of 10" 1 $ 100,000 - $ 100,000 D-2 17th St Water, 600' of 10" 1 200,000 - 200,000 D-3 N 19th St Water, 300' of 10" 1 85,000 - 85,000 D-5 Applegate St Water, 800'-10" 2 250,000 - 250,000 D-6 S 20th S Water, 350' of 10" 2 105,000 - 105,000 D-7 S 13th St Water, 950' of 10" 2 285,000 - 285,000 D-8 S 19th St Water, 1,300' of 10" 1 490,000 - 490,000 School Water, 350'-8", 1,700'- D-9 1 480,000 - 480,000 10" D-10 Newton & Green, 2,200' of 12" 2 685,000 - 685,000 D-11 N 8th St Water, 1,150' of 8" 2 450,000 - 450,000 D-12 N 9th St, 1,300'-8", 500'-12" 2 490,000 - 490,000 D-13 N 11th St Water, 1,000' of 12" 2 325,000 - 325,000 D-14 N Trans Main, 19,600' of 12" 3 4,540,000 3,632,000 908,000 D-15 S Trans Main, 11,200' of 10" 3 2,370,000 1,896,000 474,000 D-18 Upsize and Oversize Pipelines 1 500,000 - 500,000 P-1 Neabeack Hill Domestic PS 1 21,000 - 21,000 P-2 Neabeack Hill Fire PS 2 570,000 - 570,000 P-3 Starlight Village PS 2 1,000,000 - 1,000,000 Sub Total $ 7,418,000 Planning: G-1 Master Planning & SDC Update 1 $ 50,000 0 $ 50,000 Sub Total $ 50,000 TOTAL $ 23,672,500 * Project Numbers and costs are from the 2018 Water Master Plan CIP, adjusted to the current ENR CCI. All priority 3 projects are based on 20% of the cost funded by the SDC to account for the oversized component and improvements across existing developed properties

CITY OF PHILOMATH SDC IMPROVEMENT FEE CALCULATION December 2020 ENR CCI 11,626

Net EDU SDC Cost SDC Cost Capacity Per EDU

Source Development $ 1,199,500 4,000 $ 300 Treatment Improvements 11,355,000 4,000 2,839 Storage Improvements 3,650,000 4,000 $913 Distribution Improvements 7,418,000 4,000 1,855 Planning & SDC Update $50,000 4,000 $13 TOTAL $23,672,500 --- $5,918

CITY OF PHILOMATH - WATER SDC UPDATE 10 Ordinance #847: Attachment A

WATER SDC FEE SUMMARY

A breakdown of the total Water System Development Charge fee, including Reimbursement and Improvement Fees is shown in the following chart and listed below for residential, commercial, and industrial services:

All residential units, single family, multi-family, and auxiliary dwelling units (ADU) are assigned one EDU per dwelling unit which is based on 2.64 people and 175 gpcd Peak Day Demand. Commercial/Industrial/Wholesale service charges are based on the EDU factor defined by the peak flow capacity published by the American Water Works Association for each meter size as listed in the following table. All SDC costs also include a compliance charge of 1% for staff review, fee calculation, fee collection, and accounting requirements.

CITY OF PHILOMATH - WATER SDC UPDATE 11 Ordinance #847: Attachment A

CITY OF PHILOMATH WATER SYSTEM SDC FEE SCHEDULE December 2020 ENR CCI 11,626

Peak EDU Reimbursement Improvement Admin Fee Flow Factor Fee Fee 1% Total SDC gpm

Single/Multi Family Residential Per Dwelling Unit: Per Unit --- 1 $2,590 $5,918 $85 $8,593 Commercial / Industrial Development Based on Meter Capacity 5/8" x 3/4" 20 1 $2,590 $5,918 $170 $8,678 1" Meter 50 2.5 $6,475 $14,795 $425 $21,695 1 1/2" Meter 100 5 $12,950 $29,590 $851 $43,391 2" Meter 160 8 $20,720 $47,344 $1,361 $69,425 3" Meter 300 15 $38,850 $88,770 $2,552 $130,172 4" Meter 500 25 $64,750 $147,950 $4,254 $216,954 6" Meter 1,000 50 $129,500 $295,900 $8,508 $433,908 8" Meter 1,600 80 $207,200 $473,440 $13,613 $694,253 10" Meter 2,300 115 $297,850 $680,570 $19,568 $997,988

CITY OF PHILOMATH - WATER SDC UPDATE 12 Ordinance #847: Attachment B

City of Philomath

SANITARY SEWER SYSTEM DEVELOPMENT CHARGE & CAPITAL IMPROVEMENT PLAN UPDATE

Benton County, Oregon

February 2021

CURRAN-McLEOD, INC., CONSULTING ENGINEERS 6655 SW Hampton Street, Suite 210 Portland, Oregon 9722 Ordinance #847: Attachment B

City of Philomath

SANITARY SEWER SYSTEM DEVELOPMENT CHARGE & CAPITAL IMPROVEMENT PLAN UPDATE

TABLE OF CONTENTS

OVERVIEW ...... 1 SDC METHODOLOGY OVERVIEW ...... 1 ANNUAL ADJUSTMENTS ...... 3 CREDITS FOR ELIGIBLE CONSTRUCTION ...... 4 VALUE OF SANITARY SEWER CONSTRUCTION CREDITS ...... 5 CREDIT FOR PRE-EXISTING USE ...... 5 SDC ADMINISTRATION REQUIREMENTS ...... 6 REVIEW PROCEDURE ...... 6 EQUIVALENT DWELLING UNIT (EDU) DEMAND ...... 7 REIMBURSEMENT FEE ASSET SUMMARY ...... 7 REPLACEMENT COST OF EXISTING ASSETS ...... 8 SANITARY SEWER SDC REIMBURSEMENT FEE CALCULATION ...... 9 SANITARY SEWER SYSTEM CAPITAL IMPROVEMENT PLAN ...... 9 ESTIMATED COST OF CAPITAL IMPROVEMENTS ...... 9 SANITARY SEWER SDC IMPROVEMENT FEE CALCULATION ...... 10 SANITARY SEWER SDC FEE SUMMARY ...... 10 SANITARY SEWER SYSTEM SDC FEE SCHEDULE ...... 11

Ordinance #847: Attachment B

City of Philomath SANITARY SEWER SYSTEM DEVELOPMENT CHARGE METHODOLOGY & CAPITAL IMPROVEMENT PLAN February 2021

OVERVIEW

This Sanitary Sewer System Development Charge (SDC) Update for the City of Philomath is intended to summarize the value of the existing wastewater system and estimated cost of needed improvements, and to define a method to equitably allocate those values to all users. As with all methodologies, the goal of this effort is to update the existing methodology to ensure it is understandable, defensible, and equitable to both the existing and future users of the system.

The City of Philomath first adopted a System Development Charge for all capital improvements in Resolution 94-18, with the initial Sanitary Sewer SDC established as $1,114 per single family residential unit. In 2004, the City updated the Sewerage System Facilities Plan and subsequently the SDC methodology to increase the fee to $5,247. That fee is increased annually since 2004 in accordance with the ENR construction cost index. The current 2020 fee is $8,829 per EDU.

In 2017 the City updated the Wastewater System Facilities Plan and provided an updated Capital Improvement Plan. This 2021 System Development Charge Update incorporates the current Wastewater Capital Improvement Plan to support continued growth of the City.

SDC METHODOLOGY OVERVIEW

Oregon Revised Statutes 223.297 through 223.314 provides the statutory basis for application of System Development Charges. These statutes are intended to provide a uniform framework for development of equitable funding to support orderly growth.

According to the statute, SDCs are composed of:

- Reimbursement Fees to address the value of existing improvements, - Improvement Fees to address the cost of needed future improvements, or - Combination of both Reimbursement and Improvement Fees.

Additionally, the statutes allow for the inclusion of an administration fee to cover the staff time required to calculate the fees, invoice, and collect revenues and provide annual accounting.

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 1 Ordinance #847: Attachment B

The statutes in ORS 223 permit the reimbursement fee to be based on the “value” or “cost” of the existing systems. Similar to the 2004 methodology, this 2021 update uses the current “replacement value” for all existing system improvements, less grants, contributions and existing debt, to establish the basis of the Reimbursement Fee. The basis for the Improvement Fee is the estimated cost of the capital improvements identified in the 2017 Wastewater System Facilities Plan.

For the value basis of the current reimbursement fee, the City’s methodology included one-third of the value of a portion of the existing collection system lines that had capacity to serve future users. The calculated value was allocated to future growth only, estimated at 900 Equivalent Dwelling Units (EDU). No value was placed on the existing treatment or disposal facilities due to limited capacity.

Common to all of the municipal utilities, the existing infrastructure has components with surplus capacity for future users, as well as some areas of deficiencies or inadequacies in serving the existing users. Similarly, projects on the Capital Improvement Plan listing are required to provide capacity for future users, but also frequently resolve deficiencies in service to the existing users. To account for the available capacity in the City’s infrastructure and the concurrent need to undertake capital improvements to resolve deficiencies, this SDC Methodology includes a combination of both Reimbursement Fees and Improvement Fees.

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 2 Ordinance #847: Attachment B

The existing infrastructure essentially provides a base level of service to serve current and future users, whereas the required capital improvements provide resolution of existing deficiencies, as well as the expansion needed to serve future users. To address these issues and provide an equitable allocation of costs, the value of all existing facilities and the estimated cost of all future improvements are allocated to all users, current and future equally, based on the number of EDU served by the improvements. This method of allocating costs to all users ensures that the charge to future connections is equitable and that it is no more than the proportionate cost allocated to each existing user.

This methodology avoids double charging for capacity and is also independent of current population. With this approach, there is no need to assume a percentage of remaining capacity that is available to serve future users, nor to estimate future population growth. This allocation is dependent only upon the value of the existing facilities, the estimated cost of the required future facilities and the EDU capacity of each.

The values placed on the existing improvements have taken into consideration rate-making principles and the impacts of inflation, contributions by existing users, gifts or grants to the City to construct the infrastructure, the current condition of existing facilities, and any outstanding debt.

The City of Philomath currently has a bonded debt for the sanitary sewer system with a current balance of $4,560,400, scheduled to be retired in 2033.

Population projections are useful to anticipate future needs; however, the rate of growth to reach the projected population does not impact the fee calculations. The fee is based on funding the needed improvements to support growth, independent of when that population growth is realized. In periods of accelerated growth, SDC revenues will accrue more quickly to allow undertaking needed improvements earlier. In periods of low growth, revenues will accrue more slowly, but the need for infrastructure improvements to support this growth is also protracted.

ANNUAL ADJUSTMENTS

As permitted by ORS 223.304(8): 1) adopted SDC fees may be adjusted as needed, based upon changes in the cost of materials, labor or real property applied to projects or project capacity as set forth in the associated systems’ CIP; or 2) adopted SDC fees may be increased periodically based upon application of a specific cost index.

The statutes require an adopted cost index to be:

(A) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property, or a combination of the three;

(B) Published by a recognized organization or agency that produces the index or date source for reasons that are independent of the system development charge methodology; and,

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 3 Ordinance #847: Attachment B

(C) Incorporated as part of the established methodology, or identified and adopted in a separate ordinance, resolution, or order.

The Engineering News Record (ENR) publishes a nationwide 20-city average cost escalation factor called the Construction Cost Index (CCI) that satisfies the criteria in this statute. The use of this 20-city average provides a well-established and well-known industry standard for the average change in construction costs. The current ENR CCI for December 2020 is 11,626.

In accordance with ORS 223.309(2), the City may adjust any of the capital improvement projects, adjust project cost estimates, or values of existing improvements by resolution or ordinance at any time. However, if the SDC is increased as a result of the addition of a new “capacity increasing capital improvement” project, the City must provide a written notice, a minimum of 30 days prior to adoption of the modifications, to persons who have requested notice under ORS 223.304(6). Subsequently, the City must hold a public hearing for adoption only if, within seven days of the proposed adoption, the City receives a written request for a hearing.

If the City elects to modify the cost allocation methodology as opposed to only adjusting the project values or CIP inventories, written notice is required to be mailed 90 days prior to any adoption hearings to all persons who have requested notification under ORS 223.304(6). Additionally, the revised methodology must subsequently be made available for public review a minimum of 60 days prior to the hearing for adoption.

If no persons are listed per ORS 223.304(6), then no advance notification is required for adjustments, other than those required for any public meeting.

CREDITS FOR ELIGIBLE CONSTRUCTION

ORS 223.304(4) requires that a method of credits be available for the construction of qualified public improvements. The statute further defines qualified public improvements as those required as a condition of development approval, identified in the plan and list adopted pursuant to ORS 223.309 and either:

(a) Not located on, or contiguous to, property that is the subject of development approval; or,

(b) Located in whole or in part on, or contiguous to, property that is the subject of development approval and required to be built larger, or with greater capacity, than is necessary for the particular development project to which the improvement fee is related.

As a result of ORS 223.304(4) (a), a credit must be provided for eligible off-site public improvements; and in accordance with ORS 223.2304(4) (b), a credit must be provided for on- site development for the component of an eligible improvement which has capacity greater than the local government's minimum standard facility size or capacity.

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 4 Ordinance #847: Attachment B

The following table summarizes the construction cost estimates with engineering and contingency based on the values adopted in the 2017 Facilities Plan, adjusted to the current ENR CCI, and establishes the estimated credit provided for eligible construction projects. The estimates include manholes, 40% for engineering, legal, administration and contingency, and exclude any costs for laterals.

CITY OF PHILOMATH VALUE OF SANITARY SEWER CONSTRUCTION CREDITS December 2020 ENR CCI 11,626

LINE SIZE 8" 10" 12" 15” 18” 21”/24”

CONSTRUCTION COST $180/lf $200/lf $210/lf $220/lf $240/lf $280/lf

OVERSIZE CREDIT $0 $20/lf $30/lf $40/lf $60/lf $100/lf

These estimates are used to establish the value of the eligible components of existing collection system improvements. Credits provided to developers that construct an SDC eligible project are based on the actual costs incurred.

Credits are used to offset the SDC fees due from the developing property. In the event the credit exceeds the fees due from the development, the City will provide a credit against future development. ORS 223.304(5)(d) states credits must be used within 10 years. However, ORS 223.304(5)(c) allows the City to adopt credit provisions beyond the credits required by statute, if so desired.

When growth pressures mandate the City make improvements within fully-developed areas or unrelated to any specific development, the entire cost of the improvement may be funded with SDC revenues. If the improvement will provide service to undeveloped areas, the SDC expenditure should be reimbursed through an Advance Financing cost allocation or an SDC overlay covering the developable area.

CREDIT FOR PRE-EXISTING USE

A system development charge is imposed on all new construction, or when a change of use on a parcel increases the demand on the utility. In the event of a change of use, the system development charge for the new use shall be offset by a credit in the amount of the calculated system development charge for the pre-existing use. The adjustment may not reduce the SDC charges to result in a refund.

The City of Philomath policy is that if an existing service is discontinued, after 24 months it will be considered abandoned and no SDC credit for pre-existing use is provided to future redevelopment of the property.

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 5 Ordinance #847: Attachment B

SDC ADMINISTRATION REQUIREMENTS

Per ORS 223.311, System Development Charge revenues must be deposited in accounts designated for SDC revenues for each infrastructure. An annual accounting must be prepared by January 1 of each year, identifying amounts collected for each utility, the projects that were funded and the amount of revenues collected to administer the SDC in the previous fiscal year.

The statute allows Reimbursement Fees to be expended on any capital improvements or associated debt service within the subject infrastructure. Improvement Fees may only be spent on projects that are included in a listing of eligible capital improvements planned to be funded with SDC revenues. Eligible projects include projects that increase capacity or level of performance on existing facilities, and associated debt service.

Oregon Revised Statutes 223.307(5) also allows SDC revenues to be expended for costs of complying with the provisions of the SDC statutes contained in ORS 223.297 to 223.314, including the costs of administration, and providing annual accounting of development charge expenditures. Accordingly, a 1% surcharge is added to each identified fee to account for the cost of administration.

Annually, a transfer from each SDC fund in the amount of the 1% of the annual collections may be made to the City department completing the administration for calculations, collections, accounting, and annual fee adjustments. This transfer should be identified in each annual summary.

REVIEW PROCEDURE

Adoption of this System Development Charge Methodology and Capital Improvement Plan includes the adoption of an administrative review procedure for the methodology, expenditures, and fee calculation.

Per ORS 223.304(7) (b) the SDC Methodology may be contested within 60 days of adoption in accordance with the procedure established in ORS 34.010 to 34.100. A challenge of any SDC expenditure must be made in accordance with the procedures defined in ORS 34.010 to ORS 34.100, and may be filed within 2 years of the SDC revenue expenditure.

If a private developer objects to the calculation of a system development fee, the City will take into consideration a utility impact analysis prepared specifically for the development that substantiates the demand on the infrastructure. The subsequent formal conclusion by the City may be contested through the procedures established in ORS 34.010 to ORS 34.100 for a writ of review. To avoid project delays, in the case of a contested fee calculation, the SDC fee payment shall be made as a deposit pending the formal review and outcome, at which time additional fees may be assessed or a refund provided.

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 6 Ordinance #847: Attachment B

EQUIVALENT DWELLING UNIT (EDU) DEMAND

The 2017 Wastewater System Facilities Plan identified Average Dry Weather Flow (ADWF) of 518,000 gallons for 2013-2015, with an associated population of 4,650. This equates to 110 gallons per day per capita, although this figure included Commercial/Industrial/Other demands. Metered sales records from the 2018 Water System Master Plan indicates residential demands comprise 70% of all water sales, with Commercial/Industrial/Other uses representing 30% of water demands. Based on water sales, the ADWF is estimated at 77 gallons per capita per day.

An Equivalent Dwelling Unit (EDU) is defined as the wastewater volume from a single-family residential unit, which is served by a 5/8” x 3/4” water service meter. Based on the US Census Data in the American Communities Survey, the average household size in Philomath is 2.64 persons. The average daily flow per household is then 2.64 persons times 77 gpc/d for a total of 200 gpd per EDU.

The 2017 Wastewater Facilities Plan projected a service population of 7,294 in the year 2037. To be compatible with the estimated UGB buildout population in the 2018 Water System Master Plan, a future population of 7,383 for the year 2038 will be used in this SDC update. A future serviced population of 7,383 equates to 2,800 residential EDU which comprise 70% of the system. Commercia/Industrial/Other services comprise the remaining 30% which equates to 1,200 additional EDU for a total of 4,000 EDU at buildout of the UGB.

REIMBURSEMENT FEE ASSET SUMMARY

The Reimbursement and the Improvement Fees include the replacement value of existing improvements and the estimated costs of needed future improvements allocated proportionally to all users. This methodology equitably accounts for excess capacity, as well as various system deficiencies, by allocating the value of existing improvements (in the Reimbursement Fee) and the cost of all needed improvements (in the Improvement Fee) over the total of all existing and future users. This ensures the charge to future users is no more than the allocation to existing users.

The Reimbursement Fee is intended to quantify the current replacement cost of all existing system improvements. The following table lists the estimated replacement cost of each component of the system available to serve existing and future wastewater flows, based on the July 2020 ENR CCI of 11,439. Values are adjusted to account for current condition, to exclude grants and principle forgiveness, and to remove any outstanding debt.

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 7 Ordinance #847: Attachment B

CITY OF PHILOMATH SANITARY SEWER SYSTEM DEVELOPMENT CHARGE REPLACEMENT COST OF EXISTING ASSETS December 2020 ENR CCI 11,626

No. Project Description Replacement Cost

COLLECTION SYSTEM OVERSIZING: 1 10" Oversize Pipe, 8,300 lf $166,000 2 12" Oversize Pipe, 5,300 lf 159,000 3 15" Oversize Pipe, 2,200 lf 88,000 4 21" Oversize Pipe, 5,600 lf 560,000 5 24" Oversize Pipe, 800 lf 80,000 COLLECTION SYSTEM PUMPING STATIONS: 6 Pump Station 'A' $2,000,000 7 Newton Creek Pump Station 2,000,000 8 14" & 18" Force Mains, 8,200 lf 1,640,000 WASTEWATER TREATMENT FACILITIES: WWTP & Irrigation Real Estate, 9 $3,540,000 235.9 Acres 10 Headworks Structure 250,000 11 Lagoon Cells, 1A 1B, 2012, 31 Acres 4,000,000 12 Lagoon Cells 2 & 3, 1986, 37.5 Acres 4,000,000 13 Chlorine Contact Chambers 520,000 14 Marys River 16" & 24" Outfall Pipe 80,000 15 Chemical Feed Building 250,000 16 Lab Building 250,000 17 Irrigation Pump Station 520,000 18 Linear Irrigation Equipment & Piping 410,000 19 Site Piping & Improvements 200,000 PLANNING: 20 2004 and 2017 Facility Planning $100,000 TOTAL $20,813,000 Less Bonded Debt Balance 4,560,400 NET SDC ELIGIBLE VALUE $16,252,600

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 8 Ordinance #847: Attachment B

SANITARY SEWER SDC REIMBURSEMENT FEE CALCULATION

The Reimbursement Fee is the total of the value of each system component divided by the number of EDU at build-out of the UGB:

SDC Reimbursement Fee = (Total Asset Value) / (Total EDU)

SDC Reimbursement Fee = ($16,262,600) / (4,000 EDU)

SDC Reimbursement Fee = $4,066 per EDU

SANITARY SEWER SYSTEM CAPITAL IMPROVEMENT PLAN

The following table contains the Capital Improvement Plan for future improvements identified in the 2017 Facilities Plan adjusted to the current Engineering News Record Construction cost estimate. The 2017 Plan cost estimates were based on an ENR CCI of 10,440. The current December 2020 ENR CCI is 11,626.

Priority 1 projects are anticipated to be needed in the next 1 to 5 years. Priority 2 projects are projected to be needed in 6 to 10 years. Priority 3 projects are anticipated to occur as private development expands into the UGB in 11 to 20 years. The SDC eligible costs of priority 3 projects include the oversize costs only. The cost of constructing an 8” sanitary sewer is anticipated to be funded by private development.

CITY OF PHILOMATH SANITARY SEWER SYSTEM CAPITAL IMPROVEMENT PLAN ESTIMATED COST OF CAPITAL IMPROVEMENTS December 2020 ENR CCI 11,626

Estimated 2020 Total Net SDC No. Project Description Priority Grant/Loan/ Estimated Cost Cost Developers

7th & College to 8th & Main, G-4 1 $ 210,000 $ - $ 210,000 750' of 10" 20th & College to 21st & G-8 1 380,000 - 380,000 Applegate, 1,200' of 12" Newton Cr Force Main, F-1 1 1,580,000 - 1,580,000 4,100' of 18" T-3 Irrigation System Expansion 1 430,000 - 430,000 SUBTOTAL PRIORITY 1 $ 2,600,000 - $ 2,600,000 11th to 12th & Pioneer, 800' of G-5 2 $ 260,000 $ - $ 260,000 10" G-6 15th St Trunk (S), 1,650' of 12" 2 560,000 - 560,000

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 9 Ordinance #847: Attachment B

G-7 15th St Trunk (N), 350' of 12" 2 130,000 - 130,000 P-3 Newton Creek Pump Station 2 1,620,000 - 1,620,000 T-1 Marys River Outfall Diffuser 2 190,000 - 190,000 T-2 Lagoon Aeration & Screening 2 2,750,000 - 2,750,000 T-4 Facilities Plan & SDC Update 2 70,000 - 70,000 SUBTOTAL PRIORITY 2 $ 5,580,000 - $ 5,580,000 G- 9th St Trunk, 2,700' of 24" 3 $ 1,000,000 $ 486,000 $ 514,000 10 G- 19th St Green Rd Trunk, 1,000' 3 1,400,000 900,000 500,000 12 21"; 2,000' of 15"; 2,000' of 12" G- Industrial Way Trunk, 2,800' of 3 950,000 504,000 446,000 13 12" G- Chapel Dr Trunk, 4,200' of 10" 3 1,160,000 755,000 405,000 15 SUBTOTAL PRIORITY 3 $ 4,510,000 $ 2,645,000 $ 1,865,000

TOTAL $ 12,690,000 $ 2,645,000 $ 10,045,000

SANITARY SEWER SDC IMPROVEMENT FEE CALCULATION

Similar to the Reimbursement Fee, the SDC Improvement Fee is the total of the estimated costs for improvements required to serve buildout of the UGB, divided by the number of EDU at buildout:

SDC Improvement Fee = (Total Estimated Cost) / (Total EDU)

SDC Improvement Fee = ($10,045,000) / (4,000 EDU)

SDC Improvement Fee = $2,511 per EDU

SANITARY SEWER SDC FEE SUMMARY

All single family, multi-family residential, and auxiliary dwelling units (ADU), are assigned one EDU per dwelling unit which is based on 2.64 people and 200 gallons per day waste flow. Commercial/Industrial/Wholesale charges are based on EDU factors established by the capacity of the water meter serving the site. All SDC costs also include a compliance charge of 1% for staff review, fee calculation, fee collection and accounting requirements.

The following table is a summary of the updated Sanitary Sewer System Development Charge Fees:

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 10 Ordinance #847: Attachment B

CITY OF PHILOMATH SANITARY SEWER SYSTEM SDC FEE SCHEDULE December 2020 ENR CCI 11,626

EDU Reimbursement Improvement Admin Fee

Factor Fee Fee 1% Total SDC

Single/Multi Family/ADU Residential Per Dwelling Unit: Per Unit 1 $4,066 $2,511 $66 $6,643 Commercial / Industrial Development Based on Meter Capacity 5/8" x 3/4" 1 $4,066 $2,511 $66 $6,643 1" Meter 2.50 $10,165 $6,278 $164 $16,607 1 1/2" Meter 5.00 $20,330 $12,555 $329 $33,214 2" Meter 8.00 $32,528 $20,088 $526 $53,142 3" Meter 15.00 $60,990 $37,665 $987 $99,642 4" Meter 25.00 $101,650 $62,775 $1,644 $166,069 6" Meter 50.00 $203,300 $125,550 $3,289 $332,139 8" Meter 80.00 $325,280 $200,880 $5,262 $531,422 10" Meter 115.00 $467,590 $288,765 $7,564 $763,919

CITY OF PHILOMATH – SANITARY SEWER SDC UPDATE 11 Ordinance #847: Attachment C

City of Philomath

TRANSPORTATION SYSTEM DEVELOPMENT CHARGE (SDC) & CAPITAL IMPROVEMENT PLAN

Benton County, Oregon

February 2021

CURRAN-McLEOD, INC., CONSULTING ENGINEERS 6655 SW Hampton Street, Suite 210 Portland, Oregon 97223 Ordinance #847: Attachment C

City of Philomath

TRANSPORTATION SYSTEM DEVELOPMENT CHARGE & CAPITAL IMPROVEMENT PLAN

TABLE OF CONTENTS

OVERVIEW ...... 1 SDC METHODOLOGY OVERVIEW ...... 2 EQUIVALENT DWELLING UNIT (EDU) DEFINITION ...... 3 ANNUAL ADJUSTMENTS ...... 3 CREDITS FOR ELIGIBLE CONSTRUCTION ...... 4 Full Street Construction Credits ...... 5 SDC CREDIT PAYMENTS ...... 6 CREDIT FOR PRE-EXISTING USE ...... 6 SDC ADMINISTRATION REQUIREMENTS ...... 6 TRIP RATE FACTORS: ...... 7 TRANSPORTATION SYSTEM SDC REIMBURSEMENT FEE: ...... 7 Unit Costs to Support the Value of Existing Improvements ...... 7 Value of Existing Improvements ...... 8 TRANSPORTATION SDC REIMBURSEMENT FEE CALCULATION: ...... 11 Estimated Average Weekday ELNDT ...... 11 TRANSPORTATION SYSTEM CAPITAL IMPROVEMENT PLAN: ...... 12 Estimated Cost of Improvements ...... 12 TRANSPORTATION SYSTEM SDC IMPROVEMENT FEE CALCULATION ...... 14 TRANSPORTATION SYSTEM TOTAL SDC FEE CALCULATION ...... 14 Transportation SDC Fees for Selected Land Uses Based on ITE Average Weekday ELNDT ...... 15 ITE Trip Rates, Local Factor & ELNDT Rates ...... 16

CITY OF PHILOMATH – TRANSPORTATION SYSTEM DEVELOPMENT CHARGE i Ordinance #847: Attachment C

City of Philomath TRANSPORTATION SYSTEM DEVELOPMENT CHARGE & CAPITAL IMPROVEMENT PLAN February 2021

OVERVIEW

This update of the City of Philomath Transportation System Development Charge (SDC) is intended to summarize the current value of the existing street improvements throughout the City, and to update the estimated costs of needed capital improvements as identified in the current Transportation System Plan. The goal is to identify an equitable, proportionate allocation of these values and costs to all users, current and future, with the goal of providing an SDC fee structure that is understandable, defensible and equitable to both the existing and future users of the system.

The City of Philomath first adopted a System Development Charge for all capital improvements in Resolution 94-18, with the initial transportation SDC established as $180 per single family residential unit. In 2004, the City updated the Capital Improvement Plan and System Development Charges and increased the Transportation SDC to $3,011 per single family residential unit. That fee is increased annually, since 2004, in accordance with the ENR construction cost index. The current 2020 Transportation SDC fee is $5,581 per single family residential unit.

The 2004 methodology included a portion of the present value of the existing transportation system to support a Reimbursement Fee component. The 2004 report included 32,000 feet of existing street improvements at 55% of the replacement cost. This value was allocated to an estimated population increase of 5,264 people beyond the then current 2004 population, to an assumed transportation system capacity of 9,725 population on existing streets.

Similarly, the SDC Improvement Fee in the 2004 SDC methodology was based on construction of only a portion of the City’s 2000 Capital Improvement Plan, and allocating the cost only to the estimated population increase of 3,414 people from 2004 to the estimated population in the year 2024.

This current 2021 SDC update includes a similar methodology of generating estimated values and future costs, but includes all existing street improvements, and all projects from the current 2018 Philomath Transportation System Plan (TSP). The 2018 TSP quantified the transportation system capital improvements as those needed to serve buildout of the entire Urban Growth Boundary. Accordingly, this SDC update allocates a portion of the existing street values and a portion of the future capital improvement costs to the total population estimated at buildout of the UGB, to ensure an equitable, proportionate allocation.

CITY OF PHILOMATH – TRANSPORTATION SYSTEM DEVELOPMENT CHARGE 1 Ordinance #847: Attachment C

SDC METHODOLOGY OVERVIEW

Oregon Revised Statutes 223.297 through 223.314 provide the statutory basis for application of System Development Charges. These statutes are intended to provide a uniform framework for development of equitable fees to support orderly growth.

According to the statute, SDCs are composed of:

- Reimbursement Fees to address the value of existing improvements, - Improvement Fees to address the cost of needed future improvements, or - Combination of both Reimbursement and Improvement Fees.

This SDC Update methodology identifies a current "value" for existing transportation improvements that can serve future growth, to establish the basis of the Reimbursement Fee. The basis for the Improvement Fee is the “estimated cost” of improvements not yet constructed but needed to serve future populations.

Existing transportation improvements have surplus capacity for future users as well as some areas of deficiencies or inadequacies in serving the existing users. Similarly, projects on the Capital Improvement Plan listing are required to provide capacity for future users, but also resolve deficiencies in service to the existing users. To account for the available capacity in the City’s existing infrastructure and the concurrent need to undertake capital improvements to provide for growth, this SDC Update methodology includes a combination of both Reimbursement Fees and Improvement Fees.

The existing transportation infrastructure essentially provides a base level of service to serve all current and future users. The required capital improvements provide capacity to serve future growth as well as resolve existing deficiencies.

To ensure an equitable allocation of costs between existing and future users, the value of existing facilities and the estimated cost of future improvements are allocated to all users, current and future equally, based on their proportionate use of the transportation system. This method of allocating costs to all users ensures that the charge to future connections is equitable and that it is no more than the proportionate cost allocated to each existing user.

This methodology avoids double charging for capacity and is also independent of current population. With this approach there is no need to identify percentage of remaining capacity to serve future users, nor to estimate future population growth. This allocation is dependent only upon the ultimate capacity of the service area, which is the Urban Growth Boundary, the value of the existing facilities, and the estimated cost of the facilities required to serve future growth.

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 2 Ordinance #847: Attachment C

Population projections are useful to anticipate future needs; however, the rate of growth to reach the projected population does not impact the fee calculations. The fee is based on funding the needed improvements to support growth, independent of when population growth is realized. In periods of high growth, SDC revenues will accrue more quickly to allow undertaking improvements earlier to support the accelerated growth. In periods of low growth, revenues will accrue more slowly, but the need for infrastructure improvements to support this growth is also protracted.

EQUIVALENT DWELLING UNIT (EDU) DEFINITION

SDCs are typically collected with building permits for new developments, which reflect the underlying land use zoning. In this SDC Update, the Transportation SDC is based on the type of land use and the average weekday trip rates generated by development in each land use. The Institute of Transportation Engineers (ITE) publishes trip rates based on multiple field studies to determine the number of Equivalent Length New Daily Trips (ELNDT) created by each type of development.

The United States Census updated the population characteristics for the City of Philomath indicating there were an average of 2.64 persons per household, which defines a single Equivalent Dwelling Unit (EDU).

The Transportation Reimbursement and Improvement Fee calculations in this SDC Update define a cost impact per trip, or ELNDT, which is then multiplied by the number of trips determined by ITE for each type of land use to determine the SDC fee per EDU. Current ELNDT rates are published by the Institute of Transportation Engineers, which are adopted by reference with this SDC Update.

In addition to the published trip rates, a Local Factor has been developed in conjunction with City Staff to adjust for estimated by-pass trips and varying trip lengths. This accounts for vehicles that make several stops in the same trip and the shorter trip lengths. This factor reduces the effective trip rate depending upon the land use. Trip rates and Local Factors are listed at the end of this text.

Per the Institute of Transportation Engineers 10th Edition, a single-family residential unit creates 9.44 ELNDT, which in this SDC update defines one Equivalent Dwelling Unit (EDU) serving an average of 2.64 population.

ANNUAL ADJUSTMENTS

As permitted by ORS 223.304(8): 1) adopted SDC fees may be adjusted as needed, based upon changes in the cost of materials, labor or real property applied to projects or project capacity as set forth in the associated systems’ CIP; or 2) adopted SDC fees may be increased periodically, based upon application of a specific cost index.

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 3 Ordinance #847: Attachment C

The statutes require an adopted cost index to be:

(A) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property, or a combination of the three;

(B) Published by a recognized organization or agency that produces the index or date source for reasons that are independent of the system development charge methodology; and

(C) Incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution, or order.

The Engineering News Record (ENR) publishes a nationwide 20-city average cost escalation factor called the Construction Cost Index (CCI) that satisfies the criteria in this statute. The use of this 20-city average provides a well-established and well-known industry standard for the average change in construction costs. For reference, this current SDC update is based on an ENR CCI for December 2020 of 11,626.

In accordance with ORS 223.309(2), the City may adjust the list of the capital improvement projects, adjust project cost estimates, or values of existing improvements by resolution or ordinance at any time. However, if the SDC fee is increased as a result of the addition of a new “capacity increasing capital improvement” project, the City must provide a written notice, a minimum of 30 days prior to adoption, of the modifications to persons who have requested notice under ORS 223.304(6). Subsequently, the City must hold a public hearing for adoption only if, within seven days of the proposed adoption, the City receives a written request for a hearing.

If the City elects to modify the cost allocation methodology as opposed to only adjusting the project values or CIP inventories, written notice is required to be mailed 90 days prior to any adoption hearings to all persons who have requested notification under ORS 223.304(6). Additionally, the revised methodology must subsequently be made available for public review a minimum of 60 days prior to the hearing for adoption.

If no persons are listed per ORS 223.304(6), then no advance notification is required for adjustments, other than those required for any public meeting.

CREDITS FOR ELIGIBLE CONSTRUCTION

ORS 223.304(4) requires that a method of credits be available for the construction of qualified public improvements. The statute further defines qualified public improvements as 1) those required as a condition of development approval, 2) identified in the plan and list adopted pursuant to ORS 223.309 and 3) either:

(a) Not located on or contiguous to property that is the subject of development approval; or

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 4 Ordinance #847: Attachment C

(b) Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.

As a result of ORS 223.304(4)(a), a 100% credit must be provided to the developer for eligible off-site public improvements. If the City approves an SDC eligible off-site improvement, the cost of the oversizing, any street standard above a residential 36-foot section, is an SDC eligible expense. The minimum street improvement costs, those associated with construction of a 36- foot residential section, must be included in the SDC credit but should be collected from any abutting properties as they develop. A reimbursement district per the Philomath Municipal Code Chapter 14.25 should be created anytime an SDC credit is given for an off-site improvement. These collected funds should reimburse the SDC fund when collected.

In accordance with ORS 223.304(4)(b) credit must also be provided for on-site development for the component of an eligible improvement which has capacity greater than the local government's minimum standard facility size or capacity. For the City of Philomath, the minimum street improvement required for all developments is a local street with 36-foot curb-to- curb travel surface, curb, and sidewalks, in a 50-foot right-of-way. The cost of any SDC eligible on-site improvement exceeding the local street standard is eligible for an SDC credit.

The current Philomath Public Works Design Standards define the street sections as follows: - Local Streets are 36’ wide with 3 1/2” of ACP over 10” of base, in a 50-foot right-of-way; - Collectors are 36’ wide with 4” of ACP over 15” of base in a 60-foot right-of-way; - Commercial/Industrial similarly are 36’ wide, 4” of ACP over 15” of base in a 60’ ROW; - Arterials are 42’ wide with 4” of ACP over 15” of base in a 70-foot right-of-way.

A credit for eligible construction should be based on actual costs submitted by the contractor, for the cost of eligible construction required to be larger than a local street, including the value of stormwater improvements and additional right-of-way. The estimated values for the varying structural sections are shown in the following table.

CITY OF PHILOMATH TRANSPORTATION SYSTEM IMPROVEMENTS FULL STREET CONSTRUCTION CREDITS December 2020 ENR CCI 11,626

ESTIMATED OVERSIZE COST CREDIT Local Street, 36 feet Per LF $520 $0 Collector Street, 36 feet Per LF $720 $200 Commercial/Industrial Street 36 feet Per LF $720 $200 Arterial Street, 42 feet Per LF $935 $415

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 5 Ordinance #847: Attachment C

SDC CREDIT PAYMENTS

Credits are used to offset the SDC fees due from the developing property. In the event the credit exceeds the fees due from the development, the City provides a credit against future development. ORS 223.304(5)(d) limits the application of a credit for future development to a maximum of 10 years. However, ORS 223.304(5)(c) allows the City to adopt additional methods of credit beyond the qualified public improvement credits required by statute, if desired.

CREDIT FOR PRE-EXISTING USE

A system development charge is imposed on all new construction, or when a change of use on a parcel increases the demand on the infrastructure. In the event of a change of use, the system development charge for the new use shall be offset by a credit in the amount of the calculated system development charge for the pre-existing use. The adjustment may not reduce the SDC charges to result in a refund.

SDC ADMINISTRATION REQUIREMENTS

Per ORS 223.311, System Development Charge revenues must be deposited in accounts designated for SDC revenues for each infrastructure. An annual accounting must be prepared by January 1st of each year identifying amounts collected for each utility, and the projects that were funded in the previous fiscal year.

The statute allows Reimbursement Fees to be expended on any transportation system capital improvement or associated debt service. Improvement Fees may only be spent on projects that are included in the Transportation System Capital Improvement Plan, including associated debt service. The statute requires each fee be accounted for separately.

Oregon Revised Statutes 223.307(5) allows SDC revenues to be expended for costs of complying with the provisions of ORS 223.297 to 223.314, including the costs of administration, and providing annual accounting of development charge expenditures. Accordingly, a 1% surcharge is added to each identified fee to account for the cost of administration.

The administrative charges collected with each SDC payment should be a separate accounting from the improvement and reimbursement fee collections. These administrative funds can be expended for any administrative charge or transferred to a general fund as a reimbursement for the cost expended by City staff to administer any aspect of the SDC program. The administrative charges collected and expended should be inventoried separately on the annual SDC accounting.

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 6 Ordinance #847: Attachment C

TRIP RATE FACTORS:

An equitable method for allocating demands on a transportation system is to proportion the value of existing improvements and the estimated costs of future improvements based on use, or the relative number of trips created by a development.

This 2021 SDC Update adopts the use of weekday average vehicle trips, called Equivalent Length New Daily Trips (ELNDT), as is currently published in the ITE Trip Generation Manual, 10th Edition, as the basis for the cost allocation factors.

This update also incorporates a Local Factor that considers the length of a typical trip and the number of trips that share multiple stops, or by-pass trips that occur on a single trip. These factors have greater impacts in larger density communities, with larger commercial centers than on rural communities like Philomath, but also provide increased equity for small communities. The selection of factors to account for these impacts is generally based on professional judgment. The factors used in this SDC Update have been developed with assistance of the City staff.

TRANSPORTATION SYSTEM SDC REIMBURSEMENT FEE:

A Reimbursement Fee is intended to incorporate the value of existing transportation system improvements with capacity to accommodate future growth.

The City has a large asset value in the existing street system that provide capacity and a basis for reimbursement from future users. As a result of not having the history of funding with grants or donations for each street, which must be deducted from the asset value, and to account for a depreciated condition, this asset value is conservatively estimated at 50% of the replacement cost of each street. This value can be supported by the inflation component of the current replacement value regardless of the initial source of funds. This is based on the estimated average age of the streets being over 25 years with inflation in accordance with the ENR CCI.

The eligible costs are limited to the value of the travel surface, but do not include the value of the curb and sidewalk. The curb and sidewalk improvements are considered to benefit only the abutting properties and do not contribute to the capacity for future growth. Unit costs for the value of existing streets are estimated in the following table:

CITY OF PHILOMATH UNIT COSTS TO SUPPORT THE VALUE OF EXISTING IMPROVEMENTS December 2020 ENR CCI 11,626

Value per Ft 50% SDC Eligible Improvement of Width per Ft Width Local Street Section $9.33 $4.66 Collector Street Section $14.90 $7.45 Commercial/Industrial Section $17.90 $8.95

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 7 Ordinance #847: Attachment C

The following table lists the estimated value of the existing public street improvements under the jurisdiction of the City of Philomath:

CITY OF PHILOMATH TRANSPORTATION SYSTEM REIMBURSEMENT FEE VALUE OF EXISTING IMPROVEMENTS December 2020 ENR CCI 11,626 Value per Length Ave Width Total No. Street Improvement Class foot (FT) (FT) Value Width 1 Melville Crescent, Sunshine to End L 1,400 36 $4.66 $234,864 2 Sunshine Ave, Topaz to End L 1,100 36 4.66 184,536 3 Topaz St, College to End L 1,450 36 4.66 243,252 4 Jade Place, College to Topaz L 600 36 4.66 100,656 5 Dampler Dr, Jade to College L 1,150 36 4.66 192,924 6 Amethyst Ave, Topaz to Pioneer L 300 36 4.66 50,328 7 Tasman Pl, Pioneer to End L 300 28 4.66 39,144 8 Canberra Dr, Pioneer to Adelaide L 600 36 4.66 100,656 9 Coastal View Dr, Pioneer to End L 950 36 4.66 159,372 10 Fawn Ln, Coastal View to End L 600 28 4.66 78,288 11 Pioneer St, Sunshine to N 9th L 2,600 36 4.66 436,176 12 Pioneer St, N 9th St to N 13th C 1,550 36 7.45 415,710 13 Adelaide Dr, Pioneer to End L 800 36 4.66 134,208 14 College St, Jade to Topaz L 450 36 4.66 75,492 15 College St, Dampler to NE 7th L 300 36 4.66 50,328 16 College St, NE 7th to NE 8th L 350 16 4.66 26,096 17 N 7th St, Philomath to Pioneer L 750 36 4.66 125,820 18 N 7th St, Pioneer to End L 300 16 4.66 22,368 19 N 8th St, Philomath to RR L 260 36 4.66 43,618 20 N 8th St, College to End L 1,200 16 4.66 89,472 21 Quail Glen Dr, 9th to 11th L 750 36 4.66 125,820 22 Bobwhite Pl, Quail Glen to End L 140 28 4.66 18,267 23 Grouse Pl, Quail Glen to End L 220 28 4.66 28,706 24 Dove Pl, Quail Glen to End L 120 28 4.66 15,658 25 N 10th St, Philomath to College L 350 25 4.66 40,775 26 N 10th St, RR to End L 700 16 4.66 52,192 27 College St, 9th to 10th L 350 16 4.66 26,096 28 N 11th St, Pioneer to Quail Glen L 1,050 18 4.66 88,074 29 N 11th Quail Glen to End L 600 36 4.66 100,656 30 N 12th St, Philomath to RR L 600 36 4.66 100,656 31 N 12th St, Pioneer to Lincoln L 800 20 4.66 74,560 32 N 12th St, Lincoln to House L 1,650 24 4.66 184,536 33 N 13th St, Philomath to Pioneer C 750 42 7.45 234,675 34 N 13th St, Pioneer to End L 350 26 4.66 42,406

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 8 Ordinance #847: Attachment C

35 N 14th St, Philomath to College L 350 42 4.66 68,502 36 N 14th St, College to RR L 350 20 4.66 32,620 37 N 15th St, Philomath to Pioneer L 250 42 4.66 48,930 38 College, N 12th to N 13th L 350 46 4.66 75,026 39 College St, N 12th to N 20th C 3,000 46 4.66 643,080 40 Pioneer St, N 15th to N 17th L 750 36 4.66 125,820 41 Pioneer St, N 17th to N 18th L 350 14 4.66 22,834 42 N 16th St, Philomath to Pioneer L 750 36 4.66 125,820 43 N 16th Ln, N 16th to N 17th L 500 14 4.66 32,620 44 N 17th St, Philomath to Pioneer L 900 36 4.66 150,984 45 N 17th St, Pioneer to 16th Ln L 160 16 4.66 11,930 46 N 18th St, College to End L 550 26 4.66 66,638 47 N 18th St, Philomath to College L 350 56 4.66 91,336 48 Industrial Way, End to City Limits C 1,400 42 7.45 438,060 49 N 20th St, Philomath to College L 300 36 4.66 50,328 50 N 20th St, College to End L 950 30 4.66 132,810 Total of North Streets $6,053,722 51 S 7th St, Philomath to Applegate L 320 36 $4.66 $53,683 52 S 8th St, Philomath to Applegate L 320 36 4.66 53,683 53 S 9th St, Philomath to Applegate L 320 36 4.66 53,683 54 S 9th St, Applegate to End L 400 24 4.66 44,736 55 S 10th St, Philomath to Applegate L 320 36 4.66 53,683 56 S 11th St, Philomath to End L 650 36 4.66 109,044 57 S 12th St, Philomath to Applegate L 320 36 4.66 53,683 58 S 13th St, Philomath to Applegate C 320 50 7.45 119,200 59 S 14th St, Philomath to Applegate L 320 40 4.66 59,648 60 S 15th St, Philomath to Applegate L 80 16 4.66 5,965 61 S 15th St, Applegate to Cooper L 1,250 40 4.66 233,000 62 S 15th St, Cooper to Chapel L 1,100 20 4.66 102,520 63 Cedar St, S 13th to S 15th L 720 36 4.66 120,787 64 Cedar Pl, Cedar St to End L 300 28 4.66 39,144 65 Cooper Ln, S 15th to End L 370 16 4.66 27,587 66 Willow St, S 15th to End L 350 18 4.66 29,358 67 S 16th St, Philomath to Applegate L 320 40 4.66 59,648 68 S 16th St, Applegate to End L 700 20 4.66 65,240 69 S 17th St, Philomath to Applegate L 320 40 4.66 59,648 70 S 17th St, Applegate to Cedar L 900 34 4.66 142,596 71 S 17th St, Cedar to End L 200 14 4.66 13,048 72 Maple St, S 17th to S 19th L 540 15 4.66 37,746 73 Ash St, S 17th to S 19th L 540 15 4.66 37,746 74 Cedar St, S 17th to S 19th L 540 32 4.66 80,525 75 S 18th St, Applegate to Cedar L 850 36 4.66 142,596 76 S 18th St, Cedar St to End L 300 32 4.66 44,736

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 9 Ordinance #847: Attachment C

77 S 20th St, Philomath to Applegate L 350 40 4.66 65,240 78 S 21st St, Philomath to Applegate L 350 40 4.66 65,240 79 S 23rd St, Applegate to End L 200 36 4.66 33,552 80 S 24th St, Philomath to Applegate L 600 34 4.66 95,064 81 S 26th St, Philomath to Applegate C 850 42 7.45 265,965 82 S 27th St, Applegate to End L 200 36 4.66 33,552 83 S 28th Pl, Applegate to End L 120 34 4.66 19,013 84 S 29th Pl, Applegate to End L 120 34 4.66 19,013 85 Green St, Philomath to S 26th L 1,700 36 4.66 285,192 86 Newton St, S 24th to Philomath L 2,300 36 4.66 385,848 87 Jeffery Pl, Newton to End L 360 34 4.66 57,038 88 James St, Newton to S 30th L 800 36 4.66 134,208 89 Marion St, James to End L 650 36 4.66 109,044 90 Marion Pl, Marion St to End L 250 34 4.66 39,610 91 Vincent St, Marion to Applegate L 900 36 4.66 150,984 92 Robb Pl, Vincent to End L 300 34 4.66 47,532 93 Sunrose Ct, Neabeack to End L 140 28 4.66 18,267 94 Acorn Ct, Neabeack to End L 140 28 4.66 18,267 95 Maplewood Ct, Neabeack to End L 140 28 4.66 18,267 96 S 30th St, Southwood to Applegate L 2,200 36 4.66 369,072 97 S 31st St, Applegate to Benton Vw L 950 36 4.66 159,372 98 Neabeack Hill Dr, S 30th to Benton L 2,400 36 4.66 402,624 99 Richard Pl, Neabeack to End L 380 28 4.66 49,582 100 Stoneboro Pl. Neabeack to End L 260 28 4.66 33,925 101 Woodbine Pl, Neabeack to End L 300 28 4.66 39,144 102 Avondale Pl, Neabeack to End L 290 28 4.66 37,839 103 Pinnacle Pl, Neabeack to End L 300 28 4.66 39,144 104 Brentwood Pl, Neabeack to End L 200 28 4.66 26,096 105 Applegate St, S 15th to S 21st C 2,400 42 7.45 750,960 106 Applegate St, S 21st to S 26th C 2,400 42 7.45 750,960 107 Applegate St, S 26th to S 30th C 1,500 36 7.45 402,300 108 Benton View, Mt Union to S 31st L 1,800 30 4.66 251,640 109 Benton View, S 31st to Neabeack L 1,300 22 4.66 133,276 110 Southwood Dr, Mt. Union to End L 1,750 36 4.66 293,580 111 S 33rd Pl, Southwood to S 34th L 650 36 4.66 109,044 112 S 34th Pl, Southwood to End L 680 36 4.66 114,077 113 McCall Way, End to End L 950 28 4.66 123,956 114 Lowther Pl, S 19th to McCall L 270 36 4.66 45,295 115 Starker Pl, S 19th to McCall L 270 36 4.66 45,295 Total of South Streets $7,881,012 TOTAL $13,934,734

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 10 Ordinance #847: Attachment C

TRANSPORTATION SDC REIMBURSEMENT FEE CALCULATION:

An estimated number of Equivalent Length New Daily Trips (ELNDT) was not included in either the 1999 Philomath Transportation System Plan or the 2018 TSP update. As a result, an estimate of buildout ELNDT is shown below based on population and land use.

At buildout of the UGB, a population of 7,383 has been projected in the infrastructure master plans prepared for the City. Based on the Census data this future population results in a total of 7,383 population divided by 2.64 persons per household to equal 2,800 EDU. ELNDTs are estimated at 10 trips per EDU for residential development.

In the City of Philomath there are 13 acres of commercially zoned land and 105 acres of industrial land. For commercial zoned areas, trips are based on building improvements occupying an estimated 50% lot coverage with an average trip factor of 30 ELNDT per 1,000 square feet (KSF). For industrial lands, buildings are estimated to occupy 10% of the area with an average trip factor of 5 ELNDT per KSF.

CITY OF PHILOMATH ESTIMATED AVERAGE WEEKDAY ELNDT WITHIN THE URBAN GROWTH BOUNDARY December 2020

TRIP ELNDT LAND USE TOTAL UNITS UNITS PER EDU RATE AVE WEEKDAY RESIDENTIAL 7,383 Pop 2.64 / EDU 10 per EDU 28,000

COMMERCIAL 13 Acres 21.8 KSF / Ac 30 per KSF 8,500

INDUSTRIAL 105 Acres 4.36 KSF / Ac 5 per KSF 2,300

TOTAL ESTIMATED ELNDT AT BUILDOUT 38,800

The value of transportation system improvements to serve future users is estimated at $13,934,734. The Reimbursement Fee component of the SDC is calculated by dividing the total value by the number of benefitting ELNDT at full buildout of the UGB:

SDC Reimbursement Fee = (Reimbursement Value) / (Total ELNDT)

SDC Reimbursement Fee = ($13,934,734) / (38,800 ELNDT)

SDC Reimbursement Fee = $359 per ELNDT

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 11 Ordinance #847: Attachment C

TRANSPORTATION SYSTEM CAPITAL IMPROVEMENT PLAN:

The most recent capital improvement plan was prepared as part of the 2018 Transportation System Plan. Capital improvements identified to serve buildout of the UGB were divided into several tiers related to financial and physical feasibility. The capital improvement plan listed in this SDC includes all the projects from all tiers, with an estimate of other funds needed to make the projects feasible. The details of each project can be found in the 2018 Transportation System Plan.

The following table is a summary of all improvements identified to support buildout of the UGB and includes roadway improvements, pedestrian and bicycle route improvements, connectivity, congestion, and safety improvements, all of which are considered an integral component of the transportation system. The costs have been adjusted to the July 2020 ENR CCI of 11,439 from the estimates in the 2018 Transportation System Plan. Additionally, projects that were identified as funded by ODOT, Benton County, developer or other sources have been noted with an asterisk and 20% of the costs to a maximum of $200,000 is included as a feasible estimate of an SDC cost share. These cost share amounts allow the projects to use SDC revenues, and also help prompt projects under other’s jurisdictions to occur sooner.

CITY OF PHILOMATH TRANSPORTATION SYSTEM CAPITAL IMPROVEMENT PLAN ESTIMATED COST OF IMPROVEMENTS December 2020 ENR CCI 11,626

Tier 1. Financially Constrained Projects: 1 - 10 years TSP No. Project Total Cost Other Source SDC Cost Cr-2/BL-1 College St Sidewalks $ 32,000 - City 32,000$ SUP-3 Willow St/Cedar St Path 240,000 - City 240,000 SUP-7 Hunsaker Path 128,000 128,000 Parks - SW-4 17th Street Sidewalks 53,500 - City 53,500 SW-5/BL-2 Applegate, 16th to 21st 26,500 - City 26,500 Up-1 Downtown Streets, Ph 1 13,850,000 12,350,000 City/URA/ODOT 1,500,000 NR-9/Up-11S 16th St Modernization 2,130,000 - City 2,130,000 Cr-1* US 20/OR 34 & 17th St 128,000 115,200 ODOT 12,800 Int-2* US 20/OR 34 & 26th St 1,012,000 962,000 ODOT 50,000 ITS-3* Bike Signal Detection 24,500 22,050 ODOT 2,450 Up-10* US 20/OR 34 Widening 1,065,000 1,015,000 ODOT 50,000 Int-1* Weigh Station Relocation 1,600,000 1,550,000 ODOT 50,000 -- Planning & SDC Update 50,000 - City 50,000 TOTAL $ 20,339,500 $ 16,142,250 4,197,250$

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 12 Ordinance #847: Attachment C

Tier 2. Aspirational Projects: 1-20 years TSP No. Project Total Cost Other SDC Cost B-1 Regional Bike Hub $ 26,500 - City 26,500$ B-2 Bicycle Wayfinding 54,000 - City 54,000 Cr-3 Cedar/13th to Willow/15th 7,500 - City 7,500 SR-1 N 13th St Safe Route 5,500 - City 5,500 SR-2 N 17th St Safe Route 5,500 - City 5,500 SR-3 Plymouth Dr Bike Route 10,500 - City 10,500 Pioneer St Safe Route, SW-2/SR-4 85,000 - City 85,000 Adelaide to 9th Street Pioneer St Safe Route, SW-3/SR-5 26,500 - City 26,500 9th to 13th Streets Tr-2 Bus Stop Amenities 42,500 - City 42,500 ITS-2 ODOT Freight Study 213,000 213,000 ODOT - UP-9* US 20/OR 34 Widening 46,010,000 45,960,000 ODOT 50,000 ITS-1* 9th St Hill Improvements 80,000 72,000 County 8,000 SUP-1* 19th St Shared Use Path 5,325,000 5,275,000 County 50,000 SUP-11* Chapel Dr Path 5,256,000 5,206,000 Pri/Co 50,000 SUP-12* Bellfountain Rd Path 600,000 550,000 Pri/Co 50,000 Up-7* S 13th St Upgrade 4,475,000 4,425,000 County 50,000 UP-12 Enhance Existing Streets 1,000,000 - City 1,000,000 TOTAL $ 63,222,500 $ 61,701,000 1,521,500$ Tier 3. Connectivity & Congestion: 1-20 years TSP No. Project Total Cost Other SDC Cost NR-1* Clemens to West Hills $ 21,200,000 $ 21,150,000 Pri/Co 50,000$ NR-2* 26th St to Chapel Dr 9,600,000 9,550,000 Pri/City 50,000 NR-3* N 19th to West Hills 20,020,000 19,970,000 Pri/City 50,000 NR-4* West Hills Minor Collector 6,400,000 6,350,000 Pri/City 50,000 NR-5* Industrial to West Hills 9,160,000 9,110,000 Pri/City 50,000 NR-6* N 9th St Minor Collector 7,670,000 7,620,000 Pri/City 50,000 NR-7* Clemens Rd Modernization 7,030,000 6,980,000 Pri/City 50,000 NR-8* N 13th Street Extension 7,460,000 7,410,000 Pri/City 50,000 TS-2* US 20/OR34 Clemens 640,000 590,000 ODOT 50,000 Up-9* US 20/OR34 Widening 45,800,000 45,750,000 ODOT 50,000 TOTAL $ 134,980,000 $ 134,480,000 500,000$ Tier 4. Safety: 1-20 years TSP No. Project Total Cost Other SDC Cost Int-3* US 20/OR 34 & 19th $ 725,000 $ 675,000 ODOT/Co 50,000$ Li-1* N 12th Street Lighting 2,140,000 2,090,000 City $50,000 Li-2* 19th St & Applegate Lighting 80,000 72,000 City/Co $8,000 TOTAL $ 2,945,000 $ 2,837,000 108,000$

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 13 Ordinance #847: Attachment C

Tier 5. Pedestrian & Bicycle: 1-20 years TSP No. Project Total Cost Other SDC Cost SUP-2 Philomath Rodeo Grounds $ 700,000 $ 300,000 City 400,000$ US 20/OR 34 Applegate SUP-5* 266,000 239,400 City $26,600 Bike Access Imp SUP-6* Clemens Mill Road Path 2,625,000 2,525,000 Parks $100,000 SUP-8* Industrial to N 9th St 84,000 75,600 Parks $8,400 SUP-9 * 12th St to West Hills 84,000 75,600 Parks $8,400 SUP-10* Southside Bikeway 310,000 279,000 Parks $31,000 Up-2 Downtown Streets, Ph 2 5,645,000 5,445,000 City/ODOT $200,000 Up-3* 19th St Urban Upgrade 2,120,000 2,020,000 Pri/Co $100,000 Up-4* 9th St Urban Upgrade 9,050,000 8,950,000 Pri/Co $100,000 Up-5* West Hills Rd Upgrade 6,285,000 6,185,000 Pri/Co $100,000 TOTAL $ 27,169,000 $ 26,094,600 1,074,400$

TOTAL ALL PROJECTS $ 248,177,500 $ 239,656,200 7,401,150$ * 10% of project costs included up to $50,000 as seed funding

TRANSPORTATION SYSTEM SDC IMPROVEMENT FEE CALCULATION

The SDC methodology allocates the eligible costs of needed improvements over all users, existing and future. The cost per ELNDT is then:

SDC Improvement Fee = (CIP ELIGIBLE COSTS) / (Total ELNDT) SDC Improvement Fee = ($7,401,150)/ (38,800 ELNDT) SDC Improvement Fee = $190 per ELNDT

TRANSPORTATION SYSTEM TOTAL SDC FEE CALCULATION

Following is a summary of the Transportation System Development Charge fee:

SDC Reimbursement Fee = $359 per ELNDT SDC Improvement Fee = $190 per ELNDT Administration Fee 1% = $6 per ELNDT Total SDC Fee = $555 per ELNDT

The following table lists the SDC costs for selected land uses. Attached at the end of this section is a complete listing of all available ITE trip categories with published average weekday trip rates from the 10th Edition as adjusted by a local factor for length and by-pass trips.

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 14 Ordinance #847: Attachment C

CITY OF PHILOMATH TRANSPORTATION SDC FEES FOR SELECTED LAND USES BASED ON ITE AVERAGE WEEKDAY ELNDT December 2020 ENR CCI 11,626

Single Family Residential, Per Unit: ITE Local Improvement ELNDT Reimbursement Fee Administration TOTAL Category Factor Fee 210 9.44 100% $3,389 $1,794 $52 $5,234 Apartments, Per Unit: ITE Local Improvement ELNDT Reimbursement Fee Administration TOTAL Category Factor Fee 220 7.32 100% $2,628 $1,391 $40 $4,059 General Office, Per KSF: ITE Local Improvement ELNDT Reimbursement Fee Administration TOTAL Category Factor Fee 710 9.74 20% $699 $370 $11 $1,080 Variety Store, Per KSF: ITE Local Improvement ELNDT Reimbursement Fee Administration TOTAL Category Factor Fee 814 63.47 20% $4,557 $2,412 $70 $7,039 Fast Food Restaurant With Drive Through, Per KSF: ITE Local Improvement ELNDT Reimbursement Fee Administration TOTAL Category Factor Fee 934 470.95 20% $33,814 $17,896 $517 $52,227

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 15 Ordinance #847: Attachment C

CITY OF PHILOMATH ITE TRIP RATES, LOCAL FACTOR & ELNDT RATES ITE 10TH Edition

ITE # Land Use ITE Trip Rate* Local Factor ELNDT Rate 110 General Light Industrial, Per 4.96 100% 4.96 KSF 130 Industrial Park, Per KSF 3.37 100% 3.37 140 Manufacturing, Per KSF 3.93 100% 3.93 150 Warehousing, Per KSF 1.74 100% 1.74 151 Mini-Warehouse, Per KSF 1.51 100% 1.51 160 Data Center, Per KSF 0.99 100% 0.99 210 Single-Family Detached 9.44 100% 9.44 Housing, Per Dwelling 220 Multifamily Housing 7.32 100% 7.32 231 Mid-Rise Residential w/ 1st 3.44 100% 3.44 Floor Commercial 240 Mobile Home Park, Per 5 100% 5.00 Occupied Dwelling 251 Senior Adult Housing - 4.27 100% 4.27 Detached, Per Dwelling 252 Sr. Adult Housing - Attached, 3.7 100% 3.70 Per Occupied Dwelling Unit 253 Congregate Care Facility, Per 2.02 100% 2.02 Occupied Dwelling Unit 254 Assisted Living, Per Bed 4.24 100% 4.24 255 Continuing Care Retirement 2.4 100% 2.40 Community, Per Occupied Unit 270 Residential Planned Unit 7.38 100% 7.38 Development, Per Dwelling 310 Hotel, Per Room 8.36 50% 4.18 311 All Suites Hotel, Per Room 4.46 50% 2.23 312 Business Hotel, Per Occupied 4.02 50% 2.01 Unit 320 Motel, Per Room 3.35 50% 1.68 411 Public Park, Per Acre 0.78 50% 0.39 416 Campground/Recreational N/A 50% 0.00 Vehicle Park, occ. Sites 444 Movie Theater, screens 220 50% 110.00 445 Multiplex Movie Theatre, 292.5 50% 146.25 screens 488 Soccer Complex, Per Field 71.33 50% 35.67 490 Tennis Courts, Per Court 30.32 50% 15.16 491 Racquet/Tennis Club, Per KSF 27.71 50% 13.86 492 Health/Fitness Club, Per KSF N/A 50% 0.00 495 Recreational Community 28.82 50% 14.41 Center, Per KSF

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 16 Ordinance #847: Attachment C

520 Elementary School, Per KSF 19.52 50% 9.76 students 522 Middle School/Junior High 20.17 50% 10.09 School, Per KSF students 530 High School, Per KSF students 14.07 50% 7.04 534 Private School (K-8), students 4.11 50% 2.06 536 Private School (K-12), students 2.48 50% 1.24 540 Junior/Community College, Per 20.25 50% 10.13 KSF 560a Church (Weekday), Per KSF 6.95 50% 3.48 560b Church (Saturday/Sunday), Per 27.63 50% 13.82 KSF 565 Day Care Center, Per KSF 47.62 50% 23.81 590 Library, Per KSF 72.05 50% 36.03 610 Hospital, Per KSF 10.72 50% 5.36 620 Nursing Home, Per KSF 6.24 50% 3.12 630 Clinic, Per KSF 38.16 50% 19.08 710 General Office Building, Per 9.74 20% 1.95 KSF 715 Single Tenant Office Building, 11.25 20% 2.25 Per KSF 720 Medical-Dental Office Building, 34.8 20% 6.96 Per KSF 730 Government Office Building, 22.59 20% 4.52 Per KSF 732 United States Post Office, Per 103.94 20% 20.79 KSF 750 Office Park, Per KSF 11.07 20% 2.21 760 Research and Development 11.26 20% 2.25 Center, Per KSF 770 Business Park, Per KSF 12.44 20% 2.49 813 Free-Standing Discount 50.7 20% 10.14 Superstore, Per KSF 814 Variety Store, Per KSF 63.47 20% 12.69 815 Free-Standing Discount Store, 53.12 20% 10.62 Per KSF 816 Hardware/Paint Store, Per KSF 9.14 20% 1.83 817 Nursery (Garden Center), Per 68.1 20% 13.62 KSF 820 Shopping Center, Per KSF 37.75 20% 7.55 840 Automobile Sales (New), Per 27.84 20% 5.57 KSF 841 Automobile Sales (Used), Per 27.06 20% 5.41 KSF 843 Automobile Parts Sales, Per 55.34 20% 11.07 KSF 850 Supermarket, Per KSF 106.78 20% 21.36 851 Convenience Market (Open 24 762.28 20% 152.46 Hours), Per KSF

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 17 Ordinance #847: Attachment C

853 Convenience Market with 624.2 20% 124.84 Gasoline Pumps, Per KSF 854 Discount Supermarket, Per KSF 90.87 20% 18.17 857 Discount Club, Per KSF 41.8 20% 8.36 862 Home Improvements 30.74 20% 6.15 Superstore, Per KSF 875 Department Store, Per KSF 22.88 20% 4.58 880 Pharmacy/Drugstore without 90.08 20% 18.02 Drive-Through Window, Per KSF 881 Pharmacy/Drugstore with Drive- 109.16 20% 21.83 Through Window, Per KSF 890 Furniture Store, Per KSF 6.3 20% 1.26 899 Liquor Store, Per KSF 101.49 20% 20.30 912 Drive-In Bank, Per KSF 100.03 20% 20.01 925 Drinking Place N/A 0% 0.00 930 Fast Casual Restaurant, Per KSF 315.17 20% 63.03 931 Quality Restaurant, Per KSF 83.84 20% 16.77 932 High-Turnover (sit-Down) 112.18 20% 22.44 Restaurant, Per KSF 933 Fast Food Restaurant without 346.23 20% 69.25 Drive-Through Window, Per KSF 934 Fast Food Restaurant with 470.95 20% 94.19 Drive-Through Window, Per KSF 936 Coffee / Donut Shop w/o Drive 754.55 20% 150.91 Thru, Per KSF 937 Coffee / Donut Shop w/ Drive 820.38 20% 164.08 Thru, Per KSF 942 Automotive Care Center, Per N/A 20% 0.00 KSF 944 Gasoline/Service Station, Per 1202.83 20% 240.57 KSF 945 Gasoline/Service Station with 1440.02 20% 288.00 Convenience Market, Per KSF 949 Car Wash and Detail Center, per 156.2 20% 31.24 stall 960 Super Convenience Market/Gas 837.58 20% 167.52 Station, Per KSF 970a Winery (Weekday), Per KSF 45.96 20% 9.19 970b Winery (Weekend), Per KSF 205.11 20% 41.02

CITY OF PHILOMATH - TRANSPORTATION SYSTEM DEVELOPMENT CHARGE UPDATE 18 Ordinance #847: Attachment D

City of Philomath

PARKS SYSTEM DEVELOPMENT CHARGE METHODOLOGY UPDATE

Benton County, Oregon

February 2021

CURRAN-McLEOD, INC., CONSULTING ENGINEERS 6655 SW Hampton Street, Suite 210 Portland, Oregon 97223 Ordinance #847: Attachment D

City of Philomath PARKS SYSTEM DEVELOPMENT CHARGE METHODOLOGY UPDATE February 2021

INTRODUCTION & BACKGROUND

The City of Philomath first adopted a System Development Charge fee for the City's Park System in Resolution 94-18 at $250 per housing unit, or Equivalent Dwelling Unit. In 1998, the City completed a Parks Master Plan and adopted Resolution 98-29 which increased the park SDC to $517 per Equivalent Dwelling Unit. That fee is increased annually in accordance with the ENR construction cost index. The current 2018 fee is $967 per EDU.

In conjunction with the current fee, developers in Philomath are required to dedicate 15 acres per 1,000 population to the City for new park land. This method of creating parks has inherent inequities when considering smaller developments or infill projects, where land dedication is not feasible or desired.

In 2016, the City completed an update to the Park Master Plan which updated the parks needs and defined a desired Level of Service (LOS). This current Park SDC update is intended to incorporate the information from the 2016 Park Master Plan Update, and to define an equitable methodology to quantify the value of park land dedication and development and allocate the costs to all benefitted users through the SDC fee.

SDC METHODOLOGY OVERVIEW

Oregon Revised Statutes 223.297 through 223.314 provides the statutory basis for application of System Development Charges. These statutes are intended to provide a uniform framework to develop an equitable methodology and means of funding orderly growth. The City of Philomath codified the requirements for System Development Charges in the Philomath Municipal Code Chapter 14.15.

The City of Philomath Park Master Plan Update has adopted the park development standards published in the Oregon State Comprehensive Outdoor Recreation Plan (SCORP), and the National Park and Recreation Association (NPRA) standards. As a result, the methodology used in this SDC Update establishes the Improvement Fee based on providing a recommended Level of Service (LOS) for park facilities.

A Level of Service methodology defines the cost per capita to provide the recommended park facilities. This negates the need for a Reimbursement Fee and is independent of population growth.

CITY OF PHILOMATH - PARKS SYSTEM DEVELOPMENT CHARGE UPDATE 1 Ordinance #847: Attachment D

CREDITS FOR ELIGIBLE CONSTRUCTION

In accordance with the state statutes, credits must be available for eligible public works construction completed by private development. Credits must be issued for eligible off-site improvements, and for the oversize component only of on-site improvements.

Parks improvements differ from typical infrastructure in that each facility generally benefits a wide region of residents and are not typically located in all developments. As a result, except for the value of donated land, credits within any specific development would be unusual. Improvements should generally be defined and improved by the City with growth typically paying their share through the SDC fee.

If the City elects to have park improvements constructed by private development or land dedicated through the use of SDC credits, the City should be integrally involved in the selection of the site, materials, and equipment, and pre-approve all expenditures. Improving park facilities using SDC credits does eliminate all public bid and contract requirements, so potentially can be more cost effective for the City.

PARK SDC IMPROVEMENT FEE

The 2016 Parks Master Plan Update adopted park development guidelines based on the recommendations contained in Oregon's Statewide Comprehensive Outdoor Recreation Plan (SCORP) and the National Parks & Recreation Association (NPRA) plan. The Master Plan Update adopted a standard of providing 10.875 acres of parks, including community, neighborhood, and mini-parks, per 1,000 population.

The City currently has 42 acres of developed parkland and a 2017 population of 4,710. This equates to 8.9 acres of park facilities per 1,000 population, which is in the mid range of the SCORP recommended guidelines, but less than the Master Plan standard. As a result, 8.9 acres per 1,000 population will be used as the LOS to be comparable to the current services.

As is common with many communities in Oregon, the Philomath School District has a substantial amount of recreation facilities that complement the City park system. The Philomath School facilities include 71.29 acres of park facilities that equates to over 15 acres per 1,000 population. These facilities are provided by the School District and are not funded by the City. As a result, the school facilities are considered part of the City park system but are not included in the calculation of service levels to support the SDC fees.

The current practice for securing new park land is to require land be donated and dedicated to the City during the development process. This works acceptably for large parcels that benefit from on-site park facilities, if they are in an area where parks are needed but is not feasible to use with smaller developments. The current process of land donations is a substantial cost to a developer and creates inequities by not requiring comparable dedications from smaller developments or infill projects.

CITY OF PHILOMATH - PARKS SYSTEM DEVELOPMENT CHARGE UPDATE 2 Ordinance #847: Attachment D

As an example, a theoretical 10 acre site in Philomath could develop five residential lots per acre for a total of 50 units. At the census figure of an average of 2.64 persons per household, these 50 units would equate to a population of 132 people. The current park land dedication requirement of 15 acres per 1,000 population would require the developer dedicate 1.98 acres for City parks.

At $100,000 per acre, a 1.98 dedication would equate to a cost of $4,000 per lot in addition to the SDC fees paid to the City, and in addition to the lost revenues from the additional lots lost to the parks. Depending on the actual appraised value of the land, the cost impact to the developer would be substantially more than this estimate.

This SDC Update is recommending the land costs be incorporated into the Parks SDC fee, so the fee is equitably applied to all developments, and developers would be reimbursed for the land desired for parks. The raw land values are estimated at only $100,000 per acre, which is very low, but accounts for average land values inside and outside of the current City limits. If dedicated by a developer, the actual appraised value should be used.

The proposed SDC Improvement Fee is based on the cost per capita to provide the adopted level of service for park facilities. The SDC is adjusted to account for the current level of service provided to the community, to account for any current deficiencies, to ensure future users are not required to pay more or less than the Level of Service currently provided.

To determine the per capita cost for park development, land cost and an estimate of the cost to develop park facilities is required. In the 2016 Master Plan Update, costs were estimated at $137,600 per acre for improvements. Accounting for inflation, the 2021 Master Plan cost per acre would be $150,000 for the development cost on average for all park types.

The Master Plan also identified some deficiencies in the community parks, totaling approximately $300,000 in 2016, or $35,000 per acre in 2021 dollars. This reduces the estimated improvement costs used in the SDC if future users are to pay an amount comparable to the existing level of service. The net cost used in this SDC Update to develop new parks to a level comparable to the existing parks is $115,000 per acre.

The table below identifies the maximum SDC fees the City can adopt to provide an equitable allocation of park land and development costs, comparable to the existing 8.9 acres per 1,000 population level of service. The Parks SDCs are based on population only. This does not allocate any SDC costs to institutional, commercial, or industrial development, as it is difficult to define the nexus between non-residential land use and park facilities.

CITY OF PHILOMATH - PARKS SYSTEM DEVELOPMENT CHARGE UPDATE 3 Ordinance #847: Attachment D

CITY OF PHILOMATH PARK SDC IMPROVEMENT FEE PER CAPITA SDC COST AT LOS 8.9 December 2020, ENR CCI 11,626

DEVELOPMENT SDC ELIGIBLE BENEFITTED COST PER NO PROJECT DESCRIPTION PRIORITY COST (100%) POPULATION PERSON Park Land Acquisition, LOS 8.9 at 1 1-20 yrs $890,000 1,000 $890 $100,000 per Acre Park Development, LOS 8.9 2 1-20 yrs $1,023,500 1000 $1,023 At $115,000 per acre 3 Planning & SDC Update 1-20 yrs 20,000 1,000 20 Total Cost Per Person $1,933

The 2010 census documented the average residential household population for the City of Philomath to be 2.64 people per unit, which will be used for defining an EDU for the Parks SDC. With the per capita cost identified in the table above, and the average population per household from the Census Bureau estimates, the Parks and Recreation SDC Improvement Fee per EDU is calculated as follows:

SDC Improvement Fee = (Cost per Person) * (Persons per Household) SDC Improvement Fee = ($1,933 per person) * (2.64 people per EDU) SDC Improvement Fee = $5,100 per EDU

The Improvement Fee revenues are based on providing the defined Level of Service and can be expended on any listed capital improvements within the Park System towards that goal. The projects listed in the 2016 Park Master Plan are reproduced in the following table, and adjusted to the current ENR CCI:

CITY OF PHILOMATH PARKS CAPITAL IMPROVEMENT PLAN December 2020, ENR CCI 11,626

2016 PARK/TRAIL 2021 SDC Improvement PROJECT TYPE Estimated NAME Eligible Cost Priority Eligible Cost Hunsaker Trail Trail Lighting $ 20,000 $ 22,400 1 - 5 yr N. 11th St. Park New Neighborhood Park 120,000 134,400 1 - 5 yr Triangle Park Replace Play Equipment 30,000 33,600 1 - 5 yr City Park Replace Bathrooms 50,000 56,000 1 - 5 yr City Park Benches, Replace Fountain 8,000 8,960 1 - 5 yr City Park Replace Fall Surface 50,000 56,000 1 - 5 yr City Park Replace Play Structures 150,000 168,000 1 - 5 yr

CITY OF PHILOMATH - PARKS SYSTEM DEVELOPMENT CHARGE UPDATE 4 Ordinance #847: Attachment D

City Park New Natural Surface Trail 8,000 8,960 1 - 5 yr Marys River Park Add Natural Surface Trail 20,000 22,400 1 - 5 yr Marys River Park New Benches (5) 4,000 4,480 1 - 5 yr Marys River Park New Dog Park 5,000 5,600 1 - 5 yr Neabeack St. Park New Neighborhood Park 34,400 38,528 1 - 5 yr Neabeack Hill Trail New Hard Surface Trail $ 48,400 $ 54,208 6 - 10 yr Tennis Courts New City/School Courts 250,000 280,000 6 - 10 yr N. 16th St Park New Neighborhood Park 68,800 77,056 6 - 10 yr South School Trail New Hard Surface Trail 69,000 77,280 6 - 10 yr Starlight Summit Community Park & Amphit. $ 412,800 $ 462,336 1 - 20 yr N. 12th St. Park Community Park & Fields 412,800 462,336 1 - 20 yr Chapel Dr. Park 5 Neighborhood Park & Pond 137,600 154,112 1 - 20 yr Chapel Dr. Park 6 Neighborhood Park 137,600 154,112 1 - 20 yr Chapel Dr. Park 7 Neighborhood Park 137,600 154,112 1 - 20 yr Hunsaker Trail Extend to Chapel & City Pk 120,000 134,400 1 - 20 yr 26th Street Trail Main St to Reservoir Rd 164,560 184,307 1 - 20 yr Industrial Way Tr Industrial Way to N 9th 69,000 77,280 1 - 20 yr 12th St. Trail N 12th to Reservoir Rd 108,000 120,960 1 - 20 yr Sunshine Trail Sunshine Ave to Starlight 30,000 33,600 1 - 20 yr Southside Bwy Bellfountain to Marys River 257,000 287,840 1 - 20 yr Northside Bwy West Hills Rd, 9th to Reser. 210,000 235,200 1 - 20 yr TOTAL $ 3,132,560 $3,508,467

PARKS SDC FEE SUMMARY

This SDC Update provides support for a Level of Service based Improvements Fee and does not include any costs for reimbursement. All Parks SDCs are charged per single family, multi family and ADU residential dwelling unit. No Parks SDC is charged to Commercial / Industrial development. Additionally, a 1% administration fee is incorporated into each SDC charge for permit processing and annual accounting.

CITY OF PHILOMATH PARKS SDC FEE SUMMARY December 2020, ENR CCI 11,626

TYPE OF IMPROVEMENT REIMBURSEMENT ADMINISTRATION TOTAL SDC UNIT FEE PER EDU FEE PER EDU FEE (1%) PER EDU

Single & Multi Family $5,100 $0 $50 $5,150 Residential

CITY OF PHILOMATH - PARKS SYSTEM DEVELOPMENT CHARGE UPDATE 5 Agenda Item #I.01 Meeting Date: 6/14/2021

City of Philomath Ad Hoc Social Media Policy Committee Draft Discussion Guide May 17, 2021

This discussion guide is based on the following:

1. Input from the Social Media Ad Hoc Committee, 2. A review of sample policies and Public Records Law document provided by Councilor Andrade, 3. The City of Woodburn Social Media Policy, 4. The draft Social Media Policy included in the March 8 Council packets, and 5. Comments submitted by Anissa Teslow Cheek, Doug Edmonds, and Councilors Low and Nielson.

Comments in blue are intended to prompt discussion, serve as a basis for decision, or highlight points to be addressed.

I. Goals a. To establish baseline rules for communication to and from the public. b. To create a policy that is scalable, to meet the changing needs of the community.

Considerations: Broader opening statements should be included, indicating the objective of the policy and, as appropriate, the goal of using social media.

Examples · The purpose of this policy is to establish the City’s policy and guidelines for communicating with its constituents. · The City recognizes the value of social media. To better meet the communication needs of our users, the City may use social media tools to reach a broader audience and increase public awareness of the City’s programs, policies and services and their value to the community.

II. Audience or Scope – The Committee agreed the audience for the policy should be broad enough to encompass anyone using the City’s communications. Provisions specific to City employees should be designated as such.

Considerations – Often included under the heading of Scope, the policy could apply to City employees, elected and appointed officials, interns, volunteers, and/or users of the City’s social media sites. A statement excluding private accounts can also be included here, noting any restrictions on the use of private accounts to conduct government business. Many policies also include in this section a statement regarding protected speech, for example, “this policy shall not be applied to prohibit or infringe upon an individual’s privileged or protected speech.”

III. Defining current practices - clarifying the role of the “Communications Director”

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Agenda Item #I.01 Meeting Date: 6/14/2021

a. Currently communications are managed by the City Manager and related activities shared between the City Manager and the City Recorder. i. There is a need to document the basis for including or excluding information in the City’s communications, both to inform those who would like to share information and to avoid the perception of favoritism. b. A full-time communications position is not warranted at this time, however, it may be advisable to formally create the position and assign it to the City Manager – who can then keep the responsibility or delegate it to Staff until such time as a full-time position is warranted.

IV. Social media in the context of broader communications. The Committee supported a focus on social media, addressing broader communications as needed. a. There is a need to address social media in the online environment that has evolved in response to COVID-19. Post-pandemic expectations are likely to support continuing coverage on Zoom or Facebook. This issue has become more urgent as limitations are relaxed for those who have been vaccinated.

Considerations – Many of the issues addressed here apply to social media and broader communications. A broader policy could certainly be drafted encompassing both.

V. What is/are the appropriate social media platform(s) for the city? a. The Committee agreed that the platforms currently used by the City (Facebook and Zoom) are sufficient and should be the focus of this document. The City does have a YouTube channel that is not being used at this time. b. Opposition to naming a specific platform in the policy – and giving the appearance of an endorsement - has been voiced by several citizens. c. There is a need to document the basis for selecting or discontinuing the use of a specific tool or platform, including, for example: i. Functionality/ease of use/familiarity among the public ii. Costs, if any iii. User agreements/host policies

Considerations – The elephant in the room here is Facebook’s reputation. The Philomath schools have discontinued the use of Facebook. Ultimately, a public hearing on the adoption of a Social Media or Communications policy would allow public input on this and other provisions.

VI. One-way vs. two-way communications a. Today communications are largely pushed out to the Public, although Staff responds to questions and comments. b. The City Website is the primary source of information: other communications consistently refer users back to the website. c. There is a desire to expand communications via social media through i. Chat functions – allowing the audience to post comments and engage in a dialog during meetings. Objections to chat functions are: 1. Distracting meeting participants

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Agenda Item #I.01 Meeting Date: 6/14/2021

2. The need to manage expectations with respect to participation and responses. (The City’s Facebook page has been updated to include the City’s terms of use.) 3. The inability to determine if participants are Philomath residents.

Considerations – The Committee agreed that meeting participants should not monitor chats during a meeting. It is not clear if a chat could or should be blocked for participants during meetings.

We asked why someone participating in a chat couldn’t send an e-mail instead, but the chat function enables participation in the moment and for those who are comfortable with social media, is a lower barrier to providing thoughts and questions on City issues being discussed. Conversely, it is easy to make an offhand comment on a Facebook stream in the heat of the moment. Taking the time to write out an e-mail generally results in more thoughtful commentary, perhaps anticipating counter arguments or long-term ramifications. There are clearly advantages to both approaches and constituents’ comfort level with one or the other lends support to a policy that accommodates both.

Currently, only those who testify at a public hearing are required to confirm their residency.

This raises a question regarding the prioritization of communications: verbal or written testimony are generally given more consideration by the Council than letters or e-mail correspondence, conversations or social media posts. Prioritization should be discussed and agreed upon by the Council, and included in a Social Media and Communications policy.

ii. Councilor Facebook pages – In order to avoid violations of Oregon’s public meetings laws, elected and appointed officials cannot participate in an online exchange where a quorum is created, unless appropriately noticed. However, individual pages could be provided for each Councilor with limitations: 1. Pages would be subject to the City’s terms of use and other related policies. 2. Views of a Councilor could not reflect the views of the Council as a body or the City. 3. Information would be archived as required by State law. 4. Comment by other Councilors would be restricted.

Considerations – A Councilor page would allow individual Councilors to communicate more broadly with constituents, and promote and solicit input on issues of interest. However, the Committee was divided on the advisability of individual pages. Concerns include the potential for aggravating divided opinions, or expressing a lack of unity for an issue previously decided. There was also a concern that individual pages could give an unfair advantage to incumbents seeking re-election, even assuming rules regarding campaign issues and City resources are followed.

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Agenda Item #I.01 Meeting Date: 6/14/2021

VII. Policy provisions – Included in the March 8 draft policy as General Information, this and related sections outline the rules governing the use of social media. Information included addresses the following: a. Appropriate uses b. Disallowed comments c. Records retention d. Use of and restrictions pertaining to external links e. Content ownership f. Disclaimers g. Site termination provisions

Considerations – These provisions raise several technical and legal issues that were not discussed in detail by the Committee. The Committee also noted the following:

Facebook has a site dedicated to government usage of its platform that the City can use for reference. The site includes information on topics such as best practices, resources, and tools. Website link: https://facebook.com/gpa.

A presentation to Council on Facebook’s features could be helpful in using the platform most effectively.

The City could use Facebook to partner with and promote other organizations like the Chamber of Commerce.

The City of Philomath currently uses PageFreezer to archive the website and Facebook. If adopted, individual Councilor pages would also need to be archived. Any associated costs should be taken into consideration.

We recommend that Council’s discussion of this policy include input from legal counsel.

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Inclusivity Committee Report - 06/07/2021

Maeve Dempsey and Councilor Jessica Andrade served as co-chairs of this committee meeting and Maeve facilitated discussion. Corvallis City Councilor Gabe Shepherd gave a presentation on a Bias Response Initiative supported by Corvallis, Benton County, Albany, and several partner organizations. The committee recommends to the Philomath City Council that we commit the City of Philomath to participating in initial regional discussions of the Bias Response Initiative and support the Oregon West Council of Governments (OWCOG) leading these discussions. There was additional discussion of the structure and function of the committee. Several tasks were assigned to the committee to prepare for discussion at our next meeting, including brainstorming ideas for creating a mission statement, identifying types of training and education we want to pursue, and considering whether to change the name of the committee. Our next meeting will be over Zoom at 5:30pm on Tuesday, 07/27/2021. Zina Allen and Councilor Jessica Andrade will serve as co-chairs of that meeting.

Councilor Jessica Andrade | 1 Agenda Item #J.01 Meeting Date: 6/14/2021

Council Report June 2021 – Councilor Catherine Biscoe

1. H.O.P.E. Advisory Board of Benton County / City of Corvallis The H.O.P.E. Advisory Board has finalized recommendations that have been presented to the Corvallis City Council and the Benton County Commissioners. These recommendations have been developed over the last 18 months through HOPE’s community engagement, outreach, advisory board meetings and subcommittees and in collaboration with local service providers and individuals experiencing homelessness, all with a focus on addressing the needs of Benton County’s homeless populations and the housing crisis that persists in our communities.

More information on these 15 recommendations and the process can be found on the HOPE Community Engagement page: HOPE Community Engagement | Benton County Oregon

2. Willamette Criminal Justice Council The Willamette Criminal Justice Council continues to work on the Justice System Improvement Program. The following is language and links regarding this project.

VISION The residents of Benton County require an effective, efficient and equitable criminal justice system that maintains public safety and holds people accountable, while providing treatment opportunities that address underlying causes of criminal behavior.

OVERVIEW The Justice System Improvement Program (JSIP) is a three-phase project spanning 10 years as follows:

· Assessment and Recommendation (2017 - 2019) · Design and Planning (2019 - 2022) · Implementation (2022 - 2027)

For more information, please visit the Justice System Improvement Program webpage

3. City Councilor Outreach – Philomath Farmer’s Market

Councilor Jessica Andrade joined me in celebrating the 2021 opening of the Philomath Farmer’s Market, by hosting a tabling event where we were able to engage with the community. This outreach was positively received and we hope for the opportunity to repeat this kind of community outreach.

Agenda Item #J.02 Meeting Date: 6/14/2021

COUNCILOR REPORT

David M. Low

LIASION TO THE PHILOMATH COMMUNITY FOUNDATION

JUNE 14, 2021, CITY COUNCIL MEETING

From the Foundation’s website:

The Philomath Community Foundation (PCF) meets most months on the first Monday. Since I have been the city liaison, I have only been able to attend two meetings due to the increased number of work sessions the Council has this year. The meetings I have been able to attend are informative. The Foundation focuses assisting local non-profits and providing Philomath High school students with scholarships for higher education.

I admit prior to this council assignment, I knew little about PCF. However, I now realize - like so many other great things about Philomath - volunteerism is in the Foundation’s DNA. Check out their history as found on PCF’s website.

1 Agenda Item #J.02 Meeting Date: 6/14/2021

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Agenda Item #L.01 Meeting Date: 06/14/2021

Philomath Connection Bus Ridership Monthly Totals 3500

3000

2500

2000

1500

1000

2020-2021

500

0 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June

13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 Agenda Item #L.01 Meeting Date: 6/14/2021 PHILOMATH CONNECTION RIDERSHIP SUMMARY 2020-2021 SUMMARY TOTAL RIDES - 10,916 DAYS OF SERVICE- 281 AVG RIDE/DAY- 39 2019-2020 SUMMARY TOTAL RIDES - 16,277 DAYS OF SERVICE- 308 AVG RIDE/DAY- 53 2018-2019 SUMMARY TOTAL RIDES - 16,306 DAYS OF SERVICE- 306 AVG RIDE/DAY- 53 2017-2018 SUMMARY TOTAL RIDES - 17,953 DAYS OF SERVICE- 279 AVG RIDE/DAY- 64 2016-2017 SUMMARY TOTAL RIDES - 18,859 DAYS OF SERVICE- 257 AVG RIDE/DAY- 73 2015-2016 SUMMARY TOTAL RIDES - 17,387 DAYS OF SERVICE- 237 AVG RIDE/DAY- 73

MONTH DAYS OF SVC TOTAL FOR MONTH AVERAGE RIDES PER DAY 2020-2021 JULY 26 1,002 39 AUGUST 26 1,016 39 SEPTEMBER 25 831 33 OCTOBER 27 1,083 40 NOVEMBER 24 910 38 DECEMBER 26 914 35 JANUARY 25 961 38 FEBRUARY 24 914 38 MARCH 27 1,165 43 APRIL 26 1,123 43 MAY 25 997 40 JUNE 26 0

2019-2020 JULY 26 1,381 53 AUGUST 27 1,337 50 SEPTEMBER 24 1,191 50 OCTOBER 27 1,836 68 NOVEMBER 25 1,665 67 DECEMBER 25 1,315 53 JANUARY 26 1,759 68 FEBRUARY 25 1,865 75 MARCH 26 1,382 53 APRIL 26 784 30 MAY 25 819 33 JUNE 26 943 36

RIDERSHIP BY WEEK FOR THE MONTH

PC ROUTE 1-May-21 May 3-8 May 10-15 May 17-22 May 24-29 14 247 258 241 237

MONTHLY TOTAL 997 Agenda Item #L.01 Meeting Date: 06/14/2021

Daily Philomath Connection Riders: May 2021 70

58 60 55 54 54

51 50 49 49 49 48 50 47 46 46

43 43 42 42 41

40 37

31

30

20 16 14 13 12

10 7

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Agenda Item #L.01 Meeting Date: 6/14/2021

May 2021

Philomath Connection Count TOTAL: 997

Weekday H Time 12345678910111213141516171819202122232425262728293031 7:00 AM 54366 56672 67475 32 2 2 6 94 8:00 AM 8 7 6 10 9 3 7483 878124 44 3 4 7 126 10:00 AM 10 7 8 5 10 9 3553 44255 92 31211 122 12:00 PM 73465 111745 57376 75 6 4 5 108 1:00 PM 35452 66578 310865 45 9107 118 3:00 PM 265811 17101188 856114 1177 7 7 159 5:00 PM 96735 116691 761344 77 9 5 2 127 6:00 PM 55632 39461 13329 45 2 2 6 81 Total 0 0 49 43 43 46 50 0 0 55 58 48 54 31 0 0 42 49 47 54 42 0 0 49 37 41 46 51 0 0 0 935

Weekly Totals: 247 258 241 237

Saturday H Time 12345678910111213141516171819202122232425262728293031 8:00 AM 5 4 6 2 7 24 12:00 PM 4 7 3 3 3 20 5:00 PM 5 5 3 2 3 18 Total 1400000016000000120000007000 0 0 01300 62 Agenda Item #L.02 Meeting Date: 6/14/2021

Official Newsletter of the City of Philomath June 2021 www.ci.philomath.or.us

City Council to consider Northernwood Annexation A public hearing on the proposed Northernwood project In application materials, the project is described as a annexation will be landing on the City Council’s schedule home for their growing workforce in a campus with a in upcoming weeks. On May 25th, the Planning PNW aesthetic surrounded by a natural area.

Commission voted to send the application for annexation In 2016, the Oregon legislature approved SB1573 which of 9+ acres to the Council for consideration. As of the removed the option of voter approved annexations. If press time for this newsletter, the date for that hearing had approved by the City Council, the annexation would be a not yet been set; but it will potentially be scheduled for final decision. later in June. Look for more information about scheduling of the public The Northernwood project envisions up to an 11 building hearing in the City’s weekly information email. campus for light industrial use on North 19th Street approximately two blocks north of Main Street. The property is currently undeveloped. At the Planning Commission meeting, an additional application for the site design was approved by the Commission contingent upon the City Council approving the annexation and zoning. Northernwood LLC is a company owned by the Sullivan family along with Alyrica, Active911 and Nova Dynamics.

Upcoming Public Hearings City Council: June 14 at 7:00 PM: • Proposed FY2021-22 City Budget • Sale or trade of surplus property: Car wash • Alley vacation between 10th & 11th Streets north of railroad tracks to Pioneer Street June 28 at 7:00 PM: • Comprehensive Plan Report: Main Street Plan Urban Renewal Agency: June 14 at 7:00 PM: • Proposed FY 2021-22 URA Budget More information including how to testify or submit written comments is available at: www.ci.philomath.or.us/publichearings Philomath City News June 2021 Agenda Item #L.02 Meeting Date: 6/14/2021 Storm Water and the Home/Garden Yard waste and household toxics such as paints, solvents and pesticides often make their way into the City’s storm sewer system and DO NOT GET TREATED before reaching the local waterways. These wastes pollute drinking water and make waters unhealthy and unsafe for people and wildlife. The following practices will help prevent storm water pollution: Household products such as paints, paint thinners drain opener, motor oil, wood polishes, insecticides and herbicides, oven cleaners and many other general cleaners frequently get dumped on the ground or into the gutter, street or storm sewer. Instead of polluting our storm water, take these items to a household hazardous waste collection facility. Call Republic Services in Corvallis at 541-754-0444 for more information. Fertilizers and pesticides are often carried into our storm sewers by sprinkler runoff. To minimize storm water pollution, use organic or nontoxic pesticides and fertilizers What’s on the Calendar … as directed, and keep them away from ditches, gutters and A round-up of projects and issues City committees storm sewers. Store them in a covered area off the ground are currently working on and discussing. to prevent contact with water. Finance & Administration Committees Prevent Decaying yard and garden organic materials June 1 at 3:00 PM: City Manager & City Attorney evaluation from entering our storm sewer, such as grass, leaves, yard formats clippings, and pet waste, use up oxygen in nearby receiving Inclusivity Committee waters and stress aquatic life. Prevent storm water June 7 at 5:30 PM: Scheduling meetings, training & pollution by not blowing, sweeping, raking, or hosing yard education, “Labelled” committee members, potential waste into the street, gutter, or storm sewer. Alternatively, committee name change & mission statement leave grass clippings on your lawn after mowing or compost Streetscape Design Review Committee you clippings and yard waste. Pet waste should not be June 9 & June 23 at 6:00 PM: Review pedestrian elements & composted, but rather disposed of in the trash, flushed amenities for Timber Town theme for Downtown Safety down a toilet, or buried in your yard to prevent the potential & Streetscapes Project spread of diseases. Park Advisory Board Produce less yard waste and save water by planting low- June 10 at 5:00 PM: Master Plan update and more maintenance trees and shrubs. Also, conserve water and minimize unwanted runoff by using drip irrigation, soaker City Council June 14 at 5:30 PM Work Session: To be determined hoses or microspray systems to water vegetation. June 14 at 7:00 PM Regular Meeting: Public hearings, Planning Commission appointment and more June 28 at 5:30 PM Work Session: To be determined June 28 at 7:00 PM Regular Meeting: Approval of FY2021- 22 budget and more Urban Renewal Agency June 14 at 7:00 PM: FY 2021-22 public hearing June 28 at 7:00 PM: Approval of FY 2021-22 budget Planning Commission June 21 at 6:00 PM: To be determined Police Committee TBD at 3:00 PM: Neighborhood traffic calming program Public meetings are being held electronically via Zoom. The public can watch the live stream meetings at: https://www.facebook.com/cityofphilomath This is a public page and does not require a Facebook account to access. Contact City Hall to make viewing arrangements if you do not have access to the internet.

See the calendar on the City’s website for the most up to date schedule, meeting agendas and participation details. City Meetings & Events Calendar - Philomath, OR

Subscribe to the City’s Weekly Meetings, News & Events Email:

Philomath City News June 2021

Agenda Item #L.03 Meeting Date: 6/14/2021 1 Park Advisory Board 2 Minutes 3 Thursday, May 13, 2021 4 Zoom/recorded 5 5:00 PM 6 7 1. ROLL CALL 8 The following were present. 9 Committee Chair: Dale Collins 10 Committee Secretary: Izzie Elliott 11 Committee Members: Lindy Young, Caleb Unema, Sandy Heath, Carol Leach, Rose Bricker 12 City Staff: Chris Workman 13 14 2. APPROVAL OF MINUTES- 15 2.1 April 8, 2021 minutes were approved. 16 17 3. BUSINESS 18 3.1 Memorial Park survey update 19 Memorial Park Survey Update 20 Chris reported we had 14 responses from the neighborhood survey and 11 responses from 21 communitywide. Dale thanked those that participated in handing out/walking the neighborhood. 22 Rose volunteered to input remaining surveys. Both surveys are still open. Chris said he would do 23 another post on Facebook. 24 25 3.2 Marys River Park Camas mowing guidelines 26 Discussion occurred on the topic of native camas and areas specific for mowing the Marys River 27 Park. Concern of Public Works is that the camas is spreading. Sandy reminded us that the Marys 28 River Park was intended to remain a “natural park”. Carol suggested informational signs about the 29 origin of the camas to educate the public and stressed the importance of maintaining camas as it is 30 disappearing as development occurs. Lindy asked about the property where camas was 31 supposed to be protected. Chris mentioned that the area she is talking about is a privately owned 32 area. 33 34 The consensus was to continue mowing the area we have been mowing south of the walking path. 35 North of path: let it grow. The group agreed the informational sign needs an update. Caleb 36 suggested listing on the sign the natural life cycle of the plant and explain how moving and life 37 cycle are connected. Collaboration opportunity with tribes to get culturally relevant information 38 was suggested by Rose. 39 40 3.3 Skirvin Park mockup banners 41 Edits are being done, printing and display will happen before Frolic. 42 43 3.4 Music in the Park Banner 44 They are up. Posters are printed out. If anyone wants to pass these out, come on by and pick 45 them up at City Hall counter. 46 47 Rose asked about yard signs for Music in the Park, no details on this due to static on Dale’s side of 48 the meeting live feed. Chris mentioned Philomath Arts Benefit Fund will be at the Music in Park to 49 collect funds for their group. 50 51 Rose asked about a Park Advisory Board Booth by the entry of building to direct venders and 52 welcome people to event. 53 Agenda Item #L.03 Meeting Date: 6/14/2021 1 T-shirts for Park Advisory Board members are forthcoming. 2 3 Rose asked about the possibility of offering some of the tip jar to the band. Discussion occurred. 4 Finding sponsors for the bands seems to be the best way to give the bands some money. 5 6 3.5 Marys River Park disc golf tee box pads made of concrete 7 A volunteer group will be coming in to replace concrete. Thumbs up from the group. 8 9 Three items not on the agenda presented by Chris: 10 11 NEW BUSINESS 12 1. Public Works Committee is interested in coming to our next meeting in June and talk about 13 Municipal Code and how we can help them in our role as an advisory committee. The Public 14 Works Committee is three members of the City Council. 15 16 2. Izzie asked what the process is to get item on agenda. Send item to Dale and Chris was the 17 answer. 18 19 3. John from MIG GROUP (Master Plan) will have full report for us at the next meeting. Rose 20 suggested we meet for two hours in June. 21 22 4. City Council approved an ad hoc committee for Downtown Cityscapes. May 26 is the first 23 meeting at 6:00 p.m. as a virtual meeting. Sandy Heath and Dale Collins volunteered to represent 24 the Park Advisory Board. We agreed and thanked them. 25 26 5. Sandy has emailed a couple times to the board to get agenda items on and she is asking how to 27 do this. The answer is to send request to Dale and Chris (or Ruth Post). 28 29 6. Rose wanted to make sure we are in agreement that we will not use tip jar for bands but 30 sponsorship is the way to go. Chris said he had some suggestion for possible businesses to ask 31 and will talk offline. Rose will dialog with Chris and Dale. 32 33 4. ADJOURNMENT 34 Meeting adjourned at 6:03 p.m. Agenda Item #L.04 Meeting Date: 6/14/2021

From: Chris Workman To: Catherine Biscoe; Chas Jones; David Low; Jessica Andrade; Matt Lehman; Ruth Causey; Teresa Nielson Cc: Ruth Post Subject: FW: Philomath Farmer"s Market Feedback Date: Thursday, June 3, 2021 9:27:19 AM Attachments: image001.png

Dear Council,

Hope you are all enjoying this nice weather we’ve been having. Please see the request below from Councilor Nielson. The June meeting agenda is already pretty loaded, so maybe a written report from Councilors Andrade and Biscoe could be added into the packet for review prior to the meeting.

Thanks,

Chris Workman Philomath City Manager 541-929-6148 office 541-870-2886 cell

"Never too busy to help."

Disclaimers: This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer. This e-mail message is a public record of the City of Philomath. The contents may be subject to public disclosure under Oregon Public Records Law and subject to the State of Oregon Records Retention Schedules. (OAR:166.200.0200-405)

From: Teresa Nielson Sent: Thursday, June 3, 2021 8:28 AM To: Ruth Post Cc: Chris Workman Subject: Philomath Farmer's Market Feedback

Ruth, I would love to have insights from Catherine and Jessica's Sunday's Farmer's Market interaction with our community members. Would it be possible for to request an update on any pertinent opinions and understanding they gained from Sunday's event? I had previously mentioned to Catherine about creating a scheduled rotation for this meaningful community outreach and engagement so that each member of the council and Mayor Jones could participate in this meaningful opportunity but have not heard back as of yet. Please feel free to forward this email to all councilors and our mayor. Agenda Item #L.04 Meeting Date: 6/14/2021

With appreciation, Teresa

​Teresa Nielson ​Philomath City Councilor 980 Applegate Street P.O. Box 400 Philomath, OR 97370 [email protected] Philomath City Website

This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer. Agenda Item #L.05 Meeting Date: 6/14/2021

From: Ruth Causey To: Jessica Andrade Cc: Chris Workman; [email protected] Subject: Re: concern - Frolic & Rodeo at this point in the pandemic Date: Wednesday, June 2, 2021 7:10:17 PM

Jessica,

Thank you for your inquiry. I am copying Board members Chris Workman and Darrell Hinchberger if they want to provide additional comments, but the article in today's Philomath News provides a good overview of this year's Frolic and precautions that are being taken. The extensive guidelines being followed are also posted on the Frolic web site.

Because the Frolic does not involve indoor activities and does not offer rides, I believe this is potentially a safer event than the Benton County Fair. However, I also realize that it is impossible to address everyone's concerns. Those who are not fully vaccinated or are not comfortable with the idea of a large crowd may choose not to attend. However, the Frolic is a defining event for Philomath and I believe holding the rodeo and other Frolic events, even on a modified scale, will be extremely positive for the community. I hope you will join me in supporting the Board's efforts to move forward with the Frolic and Rodeo while adhering to the Governor's guidelines.

Chris, please forward this to the full Council and include it the packets for our June 14 meeting.

Thank you very much,

Ruth Causey Philomath City Council

This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing of other use of the email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer.

From: Jessica Andrade Sent: Saturday, May 29, 2021 1:37 PM To: Ruth Causey Subject: concern - Frolic & Rodeo at this point in the pandemic

Hi Ruth!

I have some concerns about holding the Philomath Frolic and Rodeo this year and hoped that Agenda Item #L.05 Meeting Date: 6/14/2021

as liaison to the Frolic and Rodeo Board, you might be able to help assuage some of my concerns.

I know that the Frolic Board is abiding by the Governor's guidance regarding outdoor events and that they're currently limiting capacity to 50% - what other precautions are being taken to ensure the health and safety of participants and attendees? Will some of the events be modified?

I don't know if you and/or the Frolic Board saw this article, but I was surprised to learn that the Board decided to continue with the Frolic this year when Benton County more or less cancelled their rodeo/fair and are only holding a modified 4-H animal show. Has there been any discussion by the board about this article? If so, I would appreciate understanding why the Board decided to hold the Frolic anyway.

Thanks! Hope you're having a great weekend! Jessica

-- Jessica Andrade, MSc Philomath City Councilor https://www.ci.philomath.or.us/ https://www.facebook.com/cityofphilomath [email protected] Pronouns: she/her/hers This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer. Agenda Item #L.06 Meeting Date: 6/14/2021

From: Terri Young To: Chas Jones; Jessica Andrade; Catherine Biscoe; Ruth Causey; Matt Lehman; David Low; Teresa Nielson; Ruth Post; Chris Workman Subject: My New Nonprofit Date: Sunday, May 23, 2021 11:49:25 AM

Hello,

My name is Terri Young. I have been in touch with Mr. Jones in the past, but have not corresponded with the city council. I have started a new nonprofit which hopefully will benefit the city of Philomath. My mission is to get Philomath a grocery store. The name of my nonprofit is Buy An Onion? The answer is no in our town, which honestly is very sad. I will not drive to town, especially now that you can not get to Safeway without sitting through seven or eight cycles of the light at 53rd Street.

I have already booked a major Texas Swing band to come to our Rodeo Grounds in August to do a benefit concert. The booking agent needs to nail down a date. The band is completely on board with this plan. They want to support our community.

I will not contact the city powers that be. I have been trying to volunteer in Philomath for almost five years. Frankly, it is a fantastic waste of time. How hard can it be to volunteer in Philomath? Very hard indeed.

I am a graphic artist. I worked for the U.S, Geological Survey for 16 years. I have a lot of skills. I have done all the promotions for my nonprofit. I can do it all.

I look forward to hearing from any or all of you soon.

Terri L. Young Executive Director Buy an Onion Agenda Item #L.07 Meeting Date: 6/14/2021 Agenda Item #L.07 Meeting Date: 6/14/2021

please contact the sender immediately, and delete the material from your computer. This e-mail message is a public record of the City of Philomath. The contents may be subject to public disclosure under Oregon Public Records Law and subject to the State of Oregon Records Retention Schedules. (OAR:166.200.0200-405)

From: Catherine Biscoe Sent: Friday, May 21, 2021 10:33 AM To: sandra heath ; Kevin Fear Cc: Jessica Andrade ; Ruth Causey ; Chris Workman ; Ruth Post Subject: Re: Fire hazard conditions

Sandy, Thank you for reaching out to the Public Works Committee with your concerns of potential fire hazards in these areas in Philomath. We can add this topic to the Public Works Committee agenda for June 10th and will look for guidance from our Public Works staff on best ways to address these concerns. I look forward to you joining us at our next meeting on the 10th!

Catherine Biscoe Philomath City Council Public Works Committee Chair

From: sandra heath Sent: Friday, May 21, 2021 8:35 AM To: Kevin Fear Cc: Catherine Biscoe ; Jessica Andrade ; Ruth Causey Subject: Fire hazard conditions

Good morning, As a Parks Advisory Board member and Lupe's Community Garden manager, I would like to bring a couple of things forward to the group that may need to be addressed during the next Public Works meeting. There has been much discussion about the mowing of the tall grasses at and around Mary's River Park and Natural Areas due to the increasing fire hazards that Agenda Item #L.07 Meeting Date: 6/14/2021 we all face these days during our dry and hot seasons. I might add, ticks are also an increasing problem in these areas and are harboring in those same tall dry grassy areas.

I would like to ask that the open field at the end of S. 9th St. be mowed/tilled to reduce said hazards. This is the big field just south of the Philomath Community Services building and in front of and to the south of Lupe's Community Garden. Soon to be the site of our new Water Treatment Plant. I have confirmed that this is City property.

Also, I think that the City has a good relationship with the Philomath School District and would like to ask Public Works or possibly the City Manager to talk with the district about clearing out the floor of the wooded area to the south of the Middle School. There is a lot of just dry brush and limbs laying on the forest floor as well as cut logs that have been left after cutting some of the previously burned trees. That area is a much loved natural kind of area but a real fire hazard and there has been fire there in the past that has destroyed some of that beautiful area. Would the district be responsible to do this job or would there need to be a group of public volunteers to come together?

Thank you so much for your attention to these Agenda Item #L.07 Meeting Date: 6/14/2021 matters. I will be joining the Public Works meeting on June 10th.

Regards Sandy Heath A Smooth Sea never made a Skilled Sailor. F.D.R This email is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review, dissemination, copying, printing or other use of this email by persons or entities other than the addressee is prohibited. If you have received this email in error, please contact the sender immediately, and delete the material from your computer. Agenda Item #L.08 Meeting Date: 6/14/2021

1 FINANCE & ADMINISTRATION COMMITTEE 2 Minutes 3 June 1, 2021

4 Chair David Low called the meeting to order at 3:00 p.m. on June 1, 2021. Due to the Oregon 5 Governor’s Executive Order 20-12 requiring social distancing due to the COVID-19 pandemic, 6 the meeting was held via video conferencing technology with the public allowed to attend 7 electronically and with limited capacity available in the Philomath City Hall Council Chambers, 8 980 Applegate Street, Philomath, Oregon. 9 10 1. ROLL CALL 11 Committee: Mayor Chas Jones and City Councilors David Low and Matt Lehman. 12 Staff: City Manager Chris Workman and Finance Director Joan Swanson. 13 14 2. APPROVAL OF MINUTES 15 2.1 May 19, 2021 Minutes – Councilor Low requested an amendment to Page 2, Line 40 to 16 read: $700 “less” than. Mayor Jones moved, Councilor Lehman second, to approve the May 19, 17 2021 minutes as amended. Motion APPROVED 3-0 (Yes: Jones, Lehman and Low; No: None). 18 19 3. OLD BUSINESS 20 3.1 City Manager Evaluation Process – Chair Low recapped the recent history of the 21 evaluation process and changes implemented and goals for revamping the process. 22 23 There was discussion about issues surrounding the 2020 evaluation format and the challenges 24 of tying the evaluation to the Strategic Plan. There was discussion about striking a balance 25 between an evaluation requiring too much detail and a more generalized format. 26 27 There was discussion about the original concerns of the 2019 format, including duplication and 28 staff time to compile the hard copy responses. There was discussion about a timeline for 29 finalizing a format and process before taking it to the City Council for approval. Members of the 30 Committee agreed to send comments about the 2019 and 2021 documents to staff by June 21 31 and set a follow-up meeting date for June 29 at 4:00 p.m. 32 33 There was discussion about the incorporation of ICMA points into the 2019 version. 34 35 3.2 Request for funding from Frolic and Chamber – Mr. Workman reviewed the receipt of 36 $5,000 each year for the past two years from Benton County’s transient lodging tax (TLT) and 37 the impact of the pandemic resulting in no expenditure of those funds. He reviewed the receipt 38 of a letter from the Frolic on behalf of the Frolic and Chamber requesting $8,000 for the Frolic 39 and $2,000 for the Chamber from those funds. 40 41 Mr. Workman noted that the City does not have any current plans for the $10,000 included in 42 the 2020-21 budget and the City also budgeted $5,000 in the 2021-22 budget. Mr. Workman 43 disclosed that he does still serve on the Frolic & Rodeo Board of Directors and he interacts 44 regularly with the Chamber Director at Chamber events and other community networking 45 events. 46 47 Mr. Workman reviewed the 2019-20 request that the Frolic had made for $4,000 and 48 conversations about $1,000 for the Chamber that were never executed and noted that doubling 49 those amounts was the basis for the request from the Frolic. 50

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1 There was discussion about the detailed intended use of the funds. Mr. Workman described 2 projects slated for completion at the Rodeo grounds identified in the letter. 3 4 There was discussion about other potential tourism activities in the community that might be a 5 competitor for the funds and casting a wider net when the City’s own TLT becomes effective. 6 Mr. Workman described the late-in-the-year nature of the request from the Frolic Board. 7 8 There was discussion about funds being used on activities that will specifically draw visitors 9 from outside a 50-mile radius. Mr. Workman reviewed the previous funding the City provided 10 towards the fireworks show. He described using the funding to ensure that visitors who come to 11 an event find it enjoyable and willing to come back the next year. 12 13 There was discussion about other uses of the Rodeo grounds throughout the year and benefits 14 of the proposed improvements for those groups. 15 16 There was discussion about the Chamber and Frolic not having been qualified to receive 17 COVID-19 relief funds. There was discussion about Strategic Plan references to promoting 18 tourism. 19 20 There was additional discussion regarding whether the Chamber would have use for more of 21 the funding and whether to deviate from the requested split of funds proposed by the Frolic. 22 23 There was discussion about potential uses of upcoming federal relief funds and the possibility of 24 funding for organizations like the Chamber and Frolic. There was discussion about funds for the 25 Chamber being directed towards the Philomath Uncorked event that draws visitors from outside 26 the area and staffing the office which serves as a visitors’ center. 27 28 Mr. Workman disclosed that he has more familiarity with the Frolic’s needs and intentions than 29 the Chambers due to his participation on the Frolic Board. He encouraged the Committee to 30 make use of the funds rather than let it sit in the General Fund unused. 31 32 MOTION: Chair Low moved, Mayor Jones second, approval of the request for $10,000 to the 33 Philomath Frolic & Rodeo and Philomath Area Chamber of Commerce to support tourist related 34 activity, with $7,000 going to the Frolic and $3,000 going to the Chamber. Motion APPROVED 35 3-0 (Yes: Jones, Lehman and Low; No: None). 36 37 3.3 Independent Audit Update – Ms. Swanson reported the auditors gave the City a clean 38 opinion, which is the best opinion available. She provided an overview of the net position for the 39 governmental and business activities at the City. She described the monies saved for the water 40 treatment plant construction; Downtown Safety & Streetscapes project; Land, Building & 41 Equipment savings; and the General Fund ending balance. 42 43 There was discussion about the revenues and expenses of the governmental and business 44 activities. There was discussion about an expected drop-off in 2021-22 in new residential 45 permits due to the stages of development for current subdivisions. 46 47 Ms. Swanson reviewed the City’s debt position with three currently outstanding loans and no 48 new loans taken out in 2019-20. There was discussion about the City’s long-standing 49 philosophy of saving up for expenses instead of going out for loans on every expense. 50

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1 There was discussion about the sound fiscal management provided by Ms. Swanson and City 2 staff and the importance of the outside audit in verifying the appropriate management of the 3 City’s funds. 4 5 There was discussion about the importance of sound hiring practices and management 6 monitoring to protect City assets. Ms. Swanson described the challenges of creating internal 7 controls and separation of duties within a small workforce. 8 9 There was discussion about the use of refinancing loans to reduce interest rates and loans that 10 have been refinanced in the past. Ms. Swanson noted that the three current loans have very low 11 interest rates. She also described paying off loans early to reduce interest debt. 12 13 3.4 Social Service Agency Funding Process – Councilor Lehman introduced a discussion 14 regarding determining if agencies applying for funds are taking steps to recruit Board members 15 with an emphasis on inclusivity. There was discussion about adding to the application form a 16 request for information regarding inclusivity methods engaged in by the applicants. There was 17 discussion about methods of addressing the issue and requesting the Inclusivity Committee 18 develop an appropriate question for the application. 19 20 There was discussion about moving away from conducting an interview during application 21 processes and holding that discussion at the Council level for direction. 22 23 3.5 Finance Director Retirement – Ms. Swanson announced she would be retiring in August 24 2021. Congratulations were extended and brief discussion about the transition process. 25 26 Meeting adjourned by Chair Low at 7:10 p.m. 27 28 Minutes recorded by Ruth Post, MMC, City Recorder

City of Philomath Finance & Administration Committee Page 3 of 3 June 1, 2021 Agenda Item #L.09 Meeting Date: 6/14/2021

1 FINANCE & ADMINISTRATION COMMITTEE 2 Minutes 3 June 8, 2021

4 Chair David Low called the meeting to order at 1:15 p.m. on June 8, 2021. Due to the Oregon 5 Governor’s Executive Order 20-12 requiring social distancing due to the COVID-19 pandemic, 6 the meeting was held via video conferencing technology with the public allowed to attend 7 electronically and with limited capacity available in the Philomath City Hall Council Chambers, 8 980 Applegate Street, Philomath, Oregon. 9 10 1. ROLL CALL 11 Committee: Mayor Chas Jones and City Councilors David Low and Matt Lehman. 12 Staff: City Manager Chris Workman, Finance Director Joan Swanson and City Recorder 13 Ruth Post. 14 15 2. OLD BUSINESS 16 2.1 Transient Lodging Tax funding for the Philomath Frolic & Rodeo Association and 17 the Philomath Area Chamber of Commerce – Mr. Workman reviewed the prior discussion at 18 the June 1 Committee meeting regarding use of the TLT funds from Benton County and the 19 specific projects the Chamber would like to use the funds for. 20 21 Mr. Workman clarified prior conversations regarding the allocation of funding between the Frolic 22 and Chamber. He also clarified his support for all organizations in Philomath, but noted his 23 direct involvement with the Frolic & Rodeo. He recommended in moving forward to ensure that 24 someone else from the Frolic organization represents their interests in interactions with the City. 25 26 Chair Low stated appreciation for the City Manager’s advocacy for community organizations and 27 also concurred with having a representative from the Frolic be involved in any financial 28 discussions with the City. He also recommended implementation of a policy on the use of TLT 29 funds moving forward. 30 31 There was discussion about the timing of receipt of TLT funds from Benton County and 32 development of an application process. 33 34 Councilor Lehman concurred with the City Manager not representing the Frolic in City matters, 35 the development of an application process, and the budgeting process. He noted the 36 importance of trust with government officials and the avoidance of circumstances where that 37 could be questioned. 38 39 Chair Low reviewed his recent discussion with the City Manager regarding workload and time 40 management to improve responsiveness and timeliness that Mr. Workman is working towards. 41 Mayor Jones concurred with Chair Low’s comments. 42 43 There was further discussion regarding avoiding the City Manager’s direct representation of any 44 of the local organizations when they are having interactions with the City. 45 46 There was discussion regarding the Committee’s motion from the June 1 meeting regarding the 47 allocation of the funds of $7,000 to the Frolic and $3,000 to the Chamber. Councilor Lehman 48 stated strong support for the map project that the Chamber presented in the letter from 49 Chamber Director Niemann dated June 7, 2021 (Supplemental Agenda Item). 50

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1 There was additional discussion about the proposed projects and the Chamber’s request for 2 $3,000. Consensus was to forward the original motion to the Council with no changes. 3 4 There was discussion about creation of a policy on the use of future TLT funds and an 5 application form. Consensus was for these issues to be presented to the Council for direction 6 back to the Committee. 7 8 Meeting adjourned at 1:50 p.m. 9 10 Meeting minutes taken by Ruth Post, MMC, City Recorder

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