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Agenda - 09/22/2008KATHRYN FIGLEY, MAYOR CITY O F W 00 D B U R N WALTER NICHOLS, COUNCILOR WARD 1 RICHARD BJELLAND, COUNCILOR WARD II CITY COUNCIL AGENDA PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V SEPTEMBER 22, 2OOH ~ 7.00 P.M. ELIDA SIFUENTEZ, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The Big Read Kick-off in the Downtown Plaza on Friday, October 3, 2008 from 3:30 - 5:00 p.m. Appointments: G. None. 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. The Big Read Month 2008 Presentations: B. None. 5. COMMITTEE REPORTS A. None. 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC -This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and maybe enacted by one motion. Any item maybe removed for discussion at the request of a Council member. "Ha(Jra interpretes c~isponi6les Para aque~Ias personas que no hab~an Ing~es~ previo acuerao. Comuniquese a~ (5031980-2485... September 22, 2008 Council Agenda Page i A. Woodburn City Council minutes of September 8, 2008 Regular 2 and Executive Session Recommended Action: Approve the minutes. B. Recreation and Parks Minutes September 9, 2008 minutes 16 Recommended Action: Accept the minutes. C. August 2008 Claims report Recommended Action: Accept the report. 19 D. Community Services August Statistics Report 23 Recommended Action: Accept the report. E. Planning Commission Minutes July 24, 2008 Recommended Action: Accept the report. 24 F. August 2008 Crime Statistics 28 Recommended Action: Accept the report. G. August 2008 Code Enforcement Statistics 33 Recommended Action: Accept the report. 9. TABLED BUSINESS A. Council Bill 2735 - A Resolution Approving An Adjusted Rate 34 Schedule And Fuel Recovery Fee Surcharge For United Disposal Service, Inc; Setting An Effective Date; And Repealing Resolutions 1833 And 1843. Recommended Action: It is recommended the City Council consider the resolution. 10. PUBLIC HEARINGS A. Annexation 2008-01 and Zone Change 2008-01, Located at 56 2400 North Pacific Highway Recommended Action: Approve Annexation 2008-O1 and Zone Change 2008-O1 and instruct staff to prepare an ordinance to substantiate the Council's decision. 11. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City September 22, 2008 Council Agenda Page ii Recorder prior to commencing this portion of the Council's agenda. Comment time maybe limited by Mayoral prerogative. A. Council Bill 2744 - A Resolution to Initiate a Local Improvement 82 District to Replace Street Trees and Repair Sidewalks in the Ironwood Neighborhood. Recommended Action: Adopt the attached Resolution to initiate a Local Improvement District in response to the request of the Ironwood Homeowners Association for the replacement of street trees and, repairs to sidewalks. Additionally, the Council authorizes the Public Works Department to prepare an engineering feasibility report to present to Council for consideration prior to final approval of the Local Improvement District. B. Council Bill 2745 - A Resolution entering into an 87 Intergovernmental Agreement with Marion county for Juvenile Probation Officer Support and Authorizing the Interim City Administrator to Sign Said Agreement. Recommended Action: Adopt the attached Resolution entering into an Intergovernmental Agreement with Marion County for Probation officer services in support of the Weed 8~ Seed Tracker Program. C. Council Bill 2746 - A Resolution making a Final Determination 97 that Claimant is Not Entitled to Relief under Measure 49, Section 9 and Voiding the City Council's Previous Decision Under Measure 37 Recommended Action: Adopt the attached Resolution making a final determination that Delbert Gottsacker ("Claimant") is not entitled to relief under Section 9 of measure 49. D. Assertion of common law vested rights for the property 102 located at 500-510 and 514 North Pacific Highway and identified on Marion Tax Assessor's maps as tax lot 051 W 176000200. Recommended Action: Direct staff to prepare a resolution denying the claim of common law vested rights in regards to the subject property. E. Award of Construction Contract for Sanitary Sewer Pipe and 133 Manhole rehabilitation on W. Hayes St. Recommended Action: Award the construction contract for W. Hayes St. Sanitary Sewer & Manhole Improvements to Michel's September 22, 2008 Council Agenda Page iii Corp. in the amount of $39,895.00. F. Award of Construction Contract for Stacy Allison Way and 135 Lawson Ave. Resurfacing Improvements. Recommended Action: Award the construction contract for the Stacy Allison Way and Lawson Ave. resurfacing Improvements to Knife River in the amount of $267,787.08. G. OLCC Change of Ownership -Margaritas 137 Recommended Action: Approve a Change of Ownership application for Margarita's Full On-Premises Sales. H. OLCC Change of Ownership -Jack's Place LLC 140 Recommended Action: Approve a Change of Ownership application for Jacks's Place LLC Full On-Premises Sales. I. OLCC New Outlet -Imperial Market 8~ Deli 143 Recommended Action: Approve a Change of Ownership application for Imperial Market & Deli. J. Position Upgrade: Wastewater Operator II to Operator III 146 Recommended Action: City Council authorize the upgrade of a Wastewater Division Operator II position to an Operator III position. 12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS -These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. Planning Commission's Approval of Design Review 2008-03, 148 located at Highway 214 along the S-curve (approximately 1901 Newberg Highway), tax lot 052W12DA01600. Recommended Action: No action is recommended. This item is placed before the Council for information purposes in compliance with the Woodburn Development Ordinance. The council may call up this item for review if it desires. 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 15. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the September 22, 2008 Council Agenda Page iv governing body to carry on labor negotiations pursuant to ORS 192.660(2)(d). 16. 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' ":r:: yes herei~~ r~~;~;~~«r~ Qetc~ber, 2(3Q as "The Big Read month. ~r~~ I. ~~ ~ =t.~r, ez-: ~-rye ~' res:~ts t~~ rep ~~t'SS ~e, t~~«T~lr3 ~;:ir~.~`lc~tE: lZl € ~1e re~t~~ ~€2~~LiS~?~r? ~i~)tI~)S z,i1t~ e4'E' t5, Etr~ 5~?~.~ iii?i ~,?~'I-I L';~E:`~'S Ui~?~JEI~ `:~`"1~C ~1~~4w T-~rt€~. IN VtITT`NESS WHEREOF, t ~~ere.~.r~? ser rn~( ji~~Fr~ a~~'1 ~°~~?zse~ ~i~e s~,:1 ~~ ~h~~ C~i~s,~ tT ~5 .r-.~Y^~,<rr r~. ;yy~p ~y "t t~ 1~ s~,~«:~.~r L~~.. ~«,14..~.i1 `v~°a fL~L.'4J, b l..'.- I ..i:l '~,~_ C.~i. iA~1 ir~+,. _F a.3 .r .~ ~ k, Figle}~`' ~` ~~ ~~ of Wcx~dzn ~~ ~M~~ Page 1 ~,~~,.~_ COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 8, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0015 ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Asst. City Administrator Stevens, Public Works Director Brown, Interim Community Development Director Labossiere, Police Captain Tennant, Associate Planner Dolenc, Recorder Tennant For the record, Mayor Figley stated that Councilors Bjelland and Lonergan are on vacation. 0070 ANNOUNCEMENTS. A) Viva La Independencia will be held on September 13 and 14, 2008 at the Downtown Plaza from 12:00 noon until 8:00 p.m. each day. B) Parks and Recreation Master Plan draft recommendation presentation will be held on Tuesday, September 9, 2008, 6:30 p.m., in the City Hall Council Chambers prior to the 7:00 p.m. Recreation and Parks board meeting. C) Public Hearing before the City Council will be held on September 22, 2008, 7:00 p.m, City Hall Council Chambers, regarding annexation of property located at 2400 North Pacific Highway. 0160 CHAMBER OF COMMERCE REPORT. Deb Yager, Chamber President, stated that the Visitors Center had 2,709 visitors (1,751 visitors were from out of state) during the month of August 2008 which is up from the July 2008 numbers. She stated that the Center has a base of 17 volunteers who help man the information center at Woodburn Company Stores and compared that number to Salem's Visitor Association who has a base of 50 volunteers. She urged community members interested in becoming an Information Center volunteer to contact Christine Edick at the Chamber office. Chamber Forum luncheons will begin on September 10, 2008 at Cascade Park which will Page 1 -Council Meeting Minutes, September 8, 2008 Page 2 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING be sponsored by OSU Federal Credit Union from 12:00 noon until 1:00 p.m.. Guest speaker will be Woodburn Police Detective Puente who will be doing a presentation on Gangs 101. Forum luncheons will be held on the second Wednesday of each month at Cascade Park. On September 11, 2008, orientation will begin for Leadership Woodburn which is a program promoted by the Chamber with the key sponsor for this program being MaPS Credit Union. The Chamber continues to look for sponsors for this program and she thanked Councilor McCallum for his support for this program which not only supports the youth but the business community with upcoming business leaders. This program will be held every Thursday from 9:30 am to 2:30 pm for 11 youth junior/senior students and 11 adult business leaders. Councilor McCallum questioned what the average number of hours per week a volunteer works at the Center and, in regards to the Leadership program, how many youth and adult participants have signed up for the program. Ms. Yager stated that the shifts are for 3 hours and regular volunteers average two or three shifts per month. In regards to the Leadership program, they have 11 youth and 11 adult participants for the this year's program. Mayor Figley stated that she volunteers at the Visitor Center for about three hours per month and finds this volunteer work as a very interesting experience. 0470 WOODBURN SCHOOL DISTRICT REPORT. Walt Blomberg, Superintendent, stated that the school district had a great opening but they did have a bomb scare at the elementary school. This incident was taken seriously with precautions taken to protect the students. Woodburn Police responded immediately and a team of officers were sent in to search the building and grounds. It was noted that other schools in the surrounding area also received bomb scares on their first day of school. He mentioned that test scores show that the District is showing improvement in key areas with the biggest growth in writing. With 60% of the students being English language learners, demonstrating English proficiency through writing is quite an achievement for these students. Some improvement is also being seen in reading. The biggest improvement was in 10`h grade level math and the district is reaping the benefits that have been established for years in that those students are now in high school performing at a much higher level. Some of the scores are not up to the state's average and it is difficult to explain to the public about Woodburn's system to help them understand that over 60% of the students that are in or enter the system do not speak English as their first language and all of the assessments beyond the 3rd grade level are in English. He stated that these students need to learn content and begin to master English simultaneously and they have to grow at a fairly rapid rate in order to catch up with their peers who have been English only speakers their entire life. He stated that Woodburn is far exceeding what others around the State are doing with English language learners and emphasized Page 2 -Council Meeting Minutes, September 8, 2008 Page 3 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING the need for students to have (1) strong first language skills, (2) continue to build vocabulary and context for language so students can learn content while learning English, and (3) English language development. Lastly, he mentioned that the International Baccalaureate program has been in the School District for 6 years. The number of students now entering that program has tripled and they are very pleased to see the students excel through the program. 0880 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of August 11, 2008; B) approve the special and executive session City Council minutes of August 14, 2008; C) approve the special and executive session City Council minutes of August 25, 2008; D) approve the special and executive session City Council minutes of August 28, 2008; E) receive the report on the League of Oregon Cities (LOC) efforts regarding telecommunications franchises; F) receive the report on Claims for July 2008; G) receive the Building Activity report dated August 4, 2008; H) receive the report on the Community Development Director contract termination; I) receive the informational report on the Garbage Franchise Rate analysis; and J) receive the report on the Community Services statistics for July 2008. Councilor Cox referred to item H and stated that he would like to make a motion immediately after the consent agenda items have been approved to ratify the Interim City Administrator's action. Councilor McCallum stated that he was pleased to see the League of Oregon Cities report on telecommunications franchise and the direction that the task force proposal is headed on a gross revenue tax. MCCALLUM/SIFUENTEZ... adopt the Consent Agenda as presented. The motion passed unanimously. COX/NICHOLS.... Council approve and ratify the action taken by the Interim City Administrator in regards to the termination of the Community Development Director's contract. Councilor Cox stated that, even though the Interim Administrator has the authority to terminate the contract, he kept the Council informed of what was going on before any action was taken. The motion passed unanimously. 1065 TABLED BUSINESS: COUNCIL BILL N0.2735 -RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE, INC., SETTING AN EFFECTIVE DATE, Page 3 -Council Meeting Minutes, September 8, 2008 Page 4 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING AND REPEALING RESOLUTIONS NO. 1833 AND 1843. Mayor Figley stated that it was her understanding that Allied Waste DBA: United Disposal Service was not ready to remove this item from the table. Councilor Cox questioned if it would be appropriate to make a motion to table this item to an indefinite time since it is unknown as to when the information will be put together for Council review. City Attorney Shields stated that this item will continue to appear under Tabled Business until such time as the Council decides to remove it from tabled business. Councilor Cox referred to the report from the Interim City Administrator on the hiring of consultant for an external review of the rates. He stated that he had discussed this issue with Robin Murbach and they are in agreement that no data has been given to the City on rate of return on investment. The City could amend the franchise ordinance and require the rate of return on proceeds versus investments. The report from the Consultant, as outlined by Interim Administrator Russell, stated that a study for the City could be done at three levels of analysis at an hourly rate depending upon which member of the consultant's team did the work. COX/NICHOLS ... the City contribute 50°Io of the cost of the study at the level 1 analysis at a maximum City contribution amount of $3,000. City Attorney Shields stated that under the public contracting law, the City can directly spend up to $5,000 without a Request for Proposal. Councilor McCallum questioned if this work should be done now or should the Council wait until all of the information is received from United Disposal Service before a consultant is hired. Councilor Cox felt that part of the consultant's job is to ask Allied Waste to turn over documents to establish whatever else the consultant needs to know in order to do the work. Councilor McCallum questioned the estimated number of hours it would take to do this project. Interim Administrator Russell stated that staff has asked for a fixed price from the consultant but have not received a quote as of yet other than the hourly rate. If the quote is above $5,000, then the City would need to go out and get proposals for the service. Councilor Cox stated that if staff is unable to get a price of $6,000 or less of which the City would contribute 50%, then the City will hold off on utilizing his services. He has discussed his concerns with Ms. Murbach and, if the consultant work is too expensive, it may be that the City should consider the rate on return on gross proceeds. Mayor Figley solicited input from the Councilors on utilizing the services of a consultant. Councilor McCallum stated that his concern is on the return of investment made, what type of report will be received, what will the cost be for the consultant's work and the number of hours it will take to provide a report. Councilor Cox stated that Ms. Murbach had provided him information on how much revenue would be generated from each $.25 increase in their basic fuel charge and it was Page 4 -Council Meeting Minutes, September 8, 2008 Page 5 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING not a large amount. He stated that having a consultant review the financial data and providing a report may not save the City any money, however, the financial reporting requirement is beyond the Council's expertise but it may be in the interest of the public to have a consultant help with the review of the financial reports even if it is not cost effective. Mayor Figley stated that citizens of Woodburn should not be subsidizing people in other Allied Waste operations. Councilor Sifuentez felt that Allied Waste should be providing more information to the City to meet franchise requirements instead of the City bringing in a consultant. Interim Administrator Russell stated that United Disposal is willing to provide more data but the difficulty is with staff analyzing the data versus what other garbage carriers are doing around the State. Councilor Cox questioned Interim Administrator Russell on how he felt about contracting with a consultant. Interim Administrator Russell stated that the new franchise agreement has a consultant piece in it along with a cost share agreement. Based on Council discussion to date, he does not feel that there is a consensus on the fuel surcharge proposal versus a flat rate increase and a consultant may be able to assist the Council in determining which rate increase approach to accept. Councilor McCallum stated that he was not objecting to the consultant but would like to see the information from United Disposal before the consultant begins work. Councilor Cox stated that he was willing to hold off on making a decision at this time and he withdrew his motion. Councilor Nichols withdrew his second to the motion. 1890 PUBLIC HEARING: GOTTSACKER MEASURE 49 CLAIM AND VESTED RIGHTS DETERMINATION. Mayor Figley declared the public hearing open at 7:32 pm. City Attorney Shields stated that this was not a land use matter and it would not need a reading of the land use statement as required under ORS Chapter 197. Associate Planner Dolenc entered into the record Exhibits E through V which is background information on this issue. He stated that a copy of these Exhibits have been provided to Mr. Gottsacker. Exhibits A through D were included in the agenda packet since they provided more pertinent information for Council review. Associate Planner Dolenc stated that this claim arises from Ballot Measure 37 which was passed by the voters in 2004 establishing certain rights for property owners. Mr. Gottsacker made a claim in 2006 which was sustained by the City Council on March 14, 2007. In 2007, voters passed state-wide ballot Measure 49 which eliminated certain development rights under Measure 37 and required the City to review all Measure 37 claims and determine if compensation or relief was appropriate under Measure 49. This was atwo-step process requiring a tentative determination and then final determination. The tentative determination was made by the Community Development Director who determined that Page 5 -Council Meeting Minutes, September 8, 2008 Page 6 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING relief was not appropriate under Measure 49. This matter is now before the Council for final determination but this matter does not require a public hearing. The second element of this case is a determination of claimant's vested rights under common law which does require a public hearing. He stated that Measure 49 deals with the establishment of single family homes unless a claimant has made a Measure 37 claim for establishment of single family dwellings or partition or subdivision of property for single family dwellings. Measure 49 criteria speaks to residential uses and in this case, Mr. Gottsacker owns property that, according to his information, has never been used residentially. When he acquired the property, it was located in Marion County and they did not have zoning regulations at that time. Since then, zoning regulations in Marion County were established and it was zoned commercial. When the property was annexed into the City, it continued to be zoned commercial and all of the uses that Mr. Gottsacker has established on the property have been commercial in nature. Therefore, under Ballot Measure 49, there are no rights to a residential use on the property. Staff recommended that the Council find that the claimant is not entitled to relief under Ballot Measure 49. Associate Planner Dolenc stated that the second issue is common law vested rights. He explained that if a person has begun a development, expended significant funds in that development and, halfway through the process the rules change, the person can establish a vested right to continue the development based on the significant expenditure of funds already made. He stated that Mr. Gottsacker has provided a lot of information to the City but has never told staff what development he began prior to zoning that he has continued since then and that he has invested significant funds in developing the property. Mr. Gottsacker does have commercial development at the site but staff is not aware of any new construction or project that is on-going. Mr. Gottsacker does have the right to use and develop the commercial buildings that are on the property in conformance with the Woodburn Development Ordinance but common law vested rights speaks to an on-going development and the record does not have any evidence of on-going development. Staff recommended that the Council deny the claim of common law vested rights. Councilor McCallum questioned if 50% of a project needed to be complete in order to have vested rights. Associate Planner Dolenc stated that the criteria that the Oregon Courts have used include the amount of money spent in relation to the total cost of establishing the use but there is no fine line and the Council can set their own standards as to what constitutes a substantial or significant investment. Councilor Cox questioned if it was true that, in this case, the claimant has given the City practically no evidence of any expenditure that can be tied to a specific development. He stated that Mr. Gottsacker has said that he has had planning fees, attorney fees, and loss of rent none of which are out of pocket expenses related to a specific development. The only thing Mr. Gottsacker has done to the property involves some curb and landscaping expenses. Associate Planner Dolenc stated that Councilor Cox's comments were consistent with Page 6 -Council Meeting Minutes, September 8, 2008 Page 7 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING their understanding of Mr. Gottsacker's expenses. 2526 Bert Gottsacker, 8518 Parr Rd, stated that he does not feel that the staff recommendation on his common law vested rights is in the best interest of the City. It is his understanding that the decisions on common law vested rights is to be made by the persons who granted the Measure 37 waiver which is the City Council. He stated that staff reports indicate that they made the decision whereas the Council needs to make the decision. He requested that the Council review information he was submitting at this meeting and that they make a final decision on this issue. He stated that the information contains a number of letters submitted to the Planning and Building Departments whose staff members informed him that he could not proceed with building changes since it would not pass code which is why he did not spend a lot of money on the property. The information submitted by Mr. Gottsacker was entered into the record as an Claimant Exhibit A. Mayor Figley stated that is was her recollection that the Council did approve the Measure 37 claim but Council struggled with some of the terms of the claim since Mr. Gottsacker had no specific proposal at that time. Mr. Gottsacker stated that he had gone back to when he had purchased the property since there were no uses at that time. He then asked for the uses from when the County first zoned the property which, at that time, allowed for 120 uses. He stated that when the Woodburn Development Ordinance was adopted, his uses were reduced to 4 which is why he filed the Measure 37 claim against the City. With the first claim, he did not get the appraisal and, with the second claim, the Council granted him a waiver rather than paying him the $205,000 in damages that the appraiser had listed. If he is granted the vested rights, it will send him back to the waiver the Council gave him that will give him the uses that he had when he purchased the property. He reiterated that the Council should read his material before making a decision. No one spoke either for or against the vested rights determination issue. Councilor Cox stated that the Council has been asked to review materials and felt that a decision should be made later after all materials submitted at this meeting have been reviewed. He suggested that the public hearing be closed, however, the record be kept open for 7 days for the applicant to submit any other material then an additional ?days be given for staff to analyze the material and report if anything is new or different. By following this procedure, written input can be obtained from either Mr. Gottsacker or staff then a decision can be made at a subsequent regular meeting. City Attorney Shields reminded the Council that there are two issues before the Council with one being the determination on the Measure 49 claim and the other issue being the vested rights determination. It was his understanding that Mr. Gottsacker believes that he should qualify under common law vested rights but he agrees with staff that the property is commercial and, in terms of the Measure 49 claim, he agrees with staff that he does not qualify. He stated that the Measure 49 claim under the statute needs to be decided by Page 7 -Council Meeting Minutes, September 8, 2008 Page 8 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING October 1, 2008. However, the vested rights claim is common law and there is no deadline corresponding to that. Mr. Gottsacker agreed that he does have commercial property and does not qualify under Measure 49 but he does believe that his claim is for a common law vested rights. COX/MCCALLUM.... deny relief under Measure 49, Section 9, and instruct staff to bring back an appropriate order or other document to effectuate that decision and, secondly, close the public hearing but keep the record open for Mr. Gottsacker to submit any additional documentation he wants within 7 days which includes the documentation given at this meeting and, after that 7 day period, staff has an additional ?days to write a memo to Council as to whether or not any of this additional documentation makes any changes at all in staff's findings and recommendations in the report. The motion passed unanimously. Mayor Figley declared the hearing closed at 7:54 p.m.. 3437 COUNCIL BILL N0.2739 -ADOPTION OF HABITABLE RENTAL HOUSING ORDINANCE. Council Bill No. 2739 was introduced by Councilor Sifuentez. The two readings of the bill were read by title only since there were no objections from the Council. Councilor Cox stated that this bill is the culmination of years of effort and, although it is a final product that the Council is able to agree on, he is well aware that not everyone feels as enthusiastic as he and Councilor McCallum do on this matter. He feels that this ordinance will be another tool to cover the terrible situation that one would not want to happen in our community. He did not feel that this would create a new level of bureaucracy or any new licensing or permitting but it will be there if it is ever needed. Councilor McCallum concurred with Councilor Cox's comments and stated that the next step is to get the word out through public education. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2739 duly passed. 3652 COUNCIL BILL N0.2740 -ADOPTION OF A RESOLUTION REGARDING THE APPEAL OF CASES DR 2008-O1 AND EXCP 2008-03 FOR WOODBURN CROSSING DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF EVERGREEN ROAD AND HIGHWAY 214. Council Bill No. 2740 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2740 duly passed. Page 8 -Council Meeting Minutes, September 8, 2008 Page 9 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 3739 COUNCIL BILL N0.2741-RESOLUTION AUTHORIZING OF THE SALE OF SURPLUS CITY OWNED PROPERTY FROM TAX LOT 3400 (Intersection of Cleveland Street and Brown Court). Council Bill No. 2741 was introduced by Councilor Sifuentez. The bill was read by title only since there were no objections. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2741 duly passed. 3809 COUNCIL BILL N0.2742 -RESOLUTION ENTERING INTO 2004, 2005, AND 2006 FUND EXCHANGE AGREEMENT WITH OREGON DEPARTMENT OF TRANSPORTATION (ODOT) FOR NORTH FRONT STREET PROTECT. Councilor Sifuentez introduced Council Bill No. 2742. Recorder Tennant read the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2742 duly passed. 3899 COUNCIL BILL N0.2743 - WOODBURN DEVELOPMENT ORDINANCE AMENDMENTS. Councilor Sifuentez introduced Council Bill No. 2743. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. Councilor Cox stated that this is another ordinance that has also been a culmination of a long process which includes reviews by a Focus Group, a lot of staff work, Planning Commission review, then submitted to the City Council for review. He stated that he had not read the final document in its entirety but he is relying on the fact that staff has done what the Council has told them to do after reviewing the draft documents. Councilor McCallum stated that this is a very important document that some people have difficulty with because of its length and provisions but it is a protection for the public. This document will continue to have changes into the future but provisions in the development ordinance is for the betterment of our community. Mayor Figley stated that the current Woodburn Development Ordinance was completely new and replaced an existing ordinance. When a complete re-write is done, no matter how thorough you are and try to anticipate problems, there will be inconsistencies, factual errors, things that have unattended consequences, and things that do not just work out well in actual practice. This ordinance amendment does not cover all of the revisions that need to be considered but she appreciated the staff time involved in getting this many of the revisions to this stage. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2743 duly passed. 4224 FOUR HOUR PARKING REQUEST ON N. FIFTH STREET. Councilor Nichols questioned as to how parking will be monitored if the 4 hour limit is adopted by the Council. Page 9 -Council Meeting Minutes, September 8, 2008 Page 10 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING Interim Administrator Russell stated that in most cases, this will be a complaint driven process and staff will need to document that the vehicle has not moved for 4 hours in order to write a citation. The Police Department is getting closer to being able to have Code Enforcement Officers write parking citations but it is his understanding from Code Enforcement Officers that is very difficult when complaints are received about vehicles being stored while in actuality they are parked at a location for less than 72 hours which, if more than 72 hours, it would fall into the Storage Ordinance currently in place. Public Works Director Brown stated that staff had been trying to follow a pattern used in other multi-family residential areas where numerous complaints had been received regarding parking and congestion. He agreed that it is hard to distinguish when people violate the storage requirements or are just moving vehicles around where there is insufficient parking for residents. Councilor Cox questioned if there had been any input from the management of Nuevo Amanaceer or from the church since these are the two parties affected by the time limitation. He questioned what problem is being caused if vehicles are parked for more than 4 hours but less than 72 hours. If the parking is causing congestion, then he could agree with the time limitation. He stated that he would like some information as to why motorists are parking out on the street in that area since it only serves the housing development and the church. Director Brown stated that the issue was presented to him as a public safety issue and, with parking on both sides of street, people are not able to move around. Residents of the area had been filing complaints and it was his understanding that, without any enforcement, the management of Nuevo Amanaceer cannot do anything for the residents of their facility to make sure that they have proper access to what is appropriate parking. Councilor McCallum question if there is a limit on the number of cars for each unit at Nuevo Amanaceer. Director Brown stated that he did not know how many vehicles were allowed per unit but there is usually more vehicles parked in the area then the number of parking spaces allocated. He stated that he has talked to staff about the parking issue but has not spoken to management at Nuevo Amanaceer or looked directly at the situation but it was his understanding that there was a strong desire by the residents to get this under control. Councilor Sifuentez expressed her opinion that staff should talk to the Nuevo Amanaceer management before the City takes any action. She stated that the facility has an active tenants committee that meet monthly and they should be participating in working out a solution to the problem. Mayor Figley agreed that input should be obtained from the management and the church before action is taken. Director Brown stated that he will do more research on this issue and report back at a later date. Page 10 -Council Meeting Minutes, September 8, 2008 Page 1 1 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 4970 PROGRAM IMPLEMENTATION: POLICE CANINE TEAM. Interim Administration Russell stated that the Police Department is ready to move forward on this program and funding allocations would be included in the next budget amendment. Training will begin in September at a nationally accredited police canine team training academy in Denver, Colorado. NICHOLS/MCCALLUM... receive the donations and authorize the implementation of a Police canine program. Councilor McCallum expressed his support of this program, however, in regards to the process, he would have liked to have known about it before funds were raised since there are budget commitments that need to be addressed in order to maintain the program. Interim Administrator Russell stated that there were some very excited Woodburn Police Association members that moved forward with this project before he was aware of their solicitation of donations. In the future, he will make sure Council approval is given. Councilor Cox stated that he is also in support of the program but everyone needs to understand that once it is approved, there is a commitment to move forward whether or not donations continue to be received in the future. He stated that he is holding $2,250 in trust from a couple of individuals who have elected to remain anonymous and he did not want to turn the money over until it is known that the program will move forward. Interim Administrator stated that the money in the staff report is what has been received to date ($22,000) and he assured the Council that staff will get the job done with the money that has been made available. Councilor McCallum reiterated his appreciation to all those who donated to this program and, in particular to Walmart for their very large donation. Councilor Cox suggested that a Resolution be passed to acknowledge all of those people, organizations, and businesses who have contributed to this program. The motion passed unanimously. 5508 DESIGNATION OF VOTING MEMBER AT LEAGUE OF OREGON CITIES CONFERENCE. COX/MCCALLUM.... designate Councilor Sifuentez or the Mayor to be the designated voting member at the League of Oregon Cities conference. It was noted that Councilor Sifuentez may not be in town for a portion of the conference and, if not, Mayor Figley will try to attend the annual meeting in her place. The motion passed unanimously. 5656 CITY ATTORNEY EVALUATION. Mayor Figley suggested that the evaluation be done at the next meeting and she requested that City Attorney Shields provide the Mayor and Councilors with the evaluation materials in advance of the meeting. Councilor McCallum stated that he would not be in attendance at the next meeting since he will need to be out of town. Page 11 -Council Meeting Minutes, September 8, 2008 Page 12 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING Councilor Cox stated that he will be at the next meeting but not at the following meetings in October. He questioned if the evaluation could be held off until first meeting in November when all of the Councilors should be present. City Attorney stated that he is willing to hold off on the evaluation. In the meantime, he will prepare a quarterly report that will combine two quarters into one report for the Mayor and Council's review. 6018 CITY ADMINISTRATOR'S REPORT. A) Interim Administrator Russell updated the Council on the September 13`n and 14`n event at the Downtown Plaza. Neighbors within the downtown area were sent letters about the upcoming event which included the hours of operation. Additionally, new sound monitoring equipment has been obtained and staff has been trained to operate the equipment so that staff can monitor both the upper A scale and the lower B scale for base noise. Amplified sound hours have also been changed to 8:00 p.m. for both days whereas it had been at 9:00 pm in previous years. The goal is to have a fun event for everyone and to respect the neighbors in the area. Staff has also talked to a number of neighbors and requested that they give the City feedback while the event is being held. B) Interim Administrator Russell stated that the Second Business Police Academy will be held October 7 - 10, 2008 and the Chamber is helping the Police Department to publicize this event. He stated that any business member is invited to participate in this program. Councilor Nichols questioned as to what has been done about the parking situation for the downtown event since there were complaints last year about parking. Interim Administrator Russell stated that there are some street closures to assist with parking and it was his understanding that there will be some people available to help direct people as to where to park. In regards to Cornwell's lot, staff will make sure that is is closed and posted appropriately. 6330 MAYOR AND COUNCIL REPORTS. McCallum congratulated Woodburn High School Bulldogs for their recent varsity football game 49-13 win over Roosevelt High School. This was their first win in 41 games and he wished them the best of luck for rest of the season. Mayor Figley stated that she had attended, and voted, at the MWACT meeting in lieu of Councilor Bjelland who was out of town. She stated that ODOT projects take time and money and shared with the Council that the current ODOT estimate time frame for finishing the environmental assessment for widening Highway 214 from I-5 to Park Avenue is 18 months. She also stated that ODOT will be discussing a pedestrian crossing at Park Avenue within the environmental assessment report. In regards to the Park and Ride lot, it is scheduled to be completed in 2010. Lastly, at the current pace, engineering. planning and everything but actual construction of the interchange could be done by 2011. Tape 2 Page 12 -Council Meeting Minutes, September 8, 2008 Page 13 COUNCIL MEETING MINUTES SEPTEMBER 8, 2008 TAPE READING 0030 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660(2)(d). NICHOLS/MCCALLUM.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned into executive session at 8:30 pm and reconvened at 9:07 pm. 0048 Mayor Figley stated that no decisions were made or action taken by the Council while in executive session. 0062 AD TOURNMENT. NICHOLS/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:08 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 13 -Council Meeting Minutes, September 8, 2008 Page 14 Executive Session COUNCIL MEETING MINUTES September 8, 2008 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 8, 2008. CONVENED. The Council met in executive session at 8:35 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Absent Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: Interim City Administrator Russell, City Attorney Shields, Assistant City Administrator Stevens, City Recorder Tennant Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. The executive session was called pursuant to ORS 192.660(2)(d) to conduct deliberations with persons designated by the governing body to carry on labor negotiations. ADJOURNMENT. The executive session adjourned at 9:05 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Meeting Minutes, September 8, 2008 Page 15 Minutes ~~roodburn l2ecrcatic~n and Parks Tioard "1`ucsda~. September ~, ?{~{~8 t3:I5 p.rri. "1`his ~'oodburn lZeereatiott and Park;; Board Ivlceting fo1lc~Lhed the Parks and. Recreation ~~aster Plan '`Recorrtmendations Presentation", LL~hic revealed the progress the City- has trade tt~ date, focusing on the prelitninar~° recommendations for improvement tct the cit~~'s parks, facilities, and recreational prograans. Discussion spotlighted the key- issues that have been identified so far, and ind~:ntifyY the next steps in the process. 1. Cell to Order 7"he meeting and vas called to order at 8:15 p.tn. ?. hall C'al! Board Chair Hruce "l~hon~as Present Board Secretar}= ko4etta ~~angcrin Present '4'lernber Joseph Niculetti Present 'Member Judi" t?4Tesemann Absent :'Member Eric ~~orris Absent :Member Charlene ~~e'illiatns Present '~=1eta~bc:r :~lexa l~forris absent Staff present: ,1im RoLL~, (:omunit}~ Sergi°iees l)ireetr~r; Debbie V+~'adlei~h. ~'~quati~ and. Facilities '4~lanager; Stu. Spence, Kecreatic~n Services ~~anager, Par~lette Zastoupil. f~ ~ F~ ~. :~.ppro~ra! of ~llmutes fram .Iuly 22, 2bil~, iZasetta V4'anl;erinl.laseph ~icaletti - '~ic~tican to accept the minutes as ~:°ritten. `l~h~; lnotic~n passed ttnanimc~usl~, =1. Business fr€~m the Audience 'done. ?. Business from the Dcpartme~t Aquatics - Debbie 1~'xdleigh Debbie reported that summer programs included f~?5 registered participants in sL~•imming lessons, l~~hich is a 7 orp increase from last ~-ear. `T`his summer pool attendance had also increased h~~ 7.3°~. "l~he first session of`sv~imming lessons began September $ with ~4 registered participants, Debbie shared that ~~'oc~dburn ~~'ater Polo season has started and the first home match will be V4~'ednesda~•, September 17~~ at ~:~~ p.m. For September, the special is a 'f1~ o disc:-aunt on punch cards, i-month passes and annual passes. ~4~'ith the fall season, the Aquatic Cc;nter Lill be closing at 8:3t? p.m. during the L~"eek. Rerreatian -Stu Spence Stu. reported that adult basketball and youth soccer is starting for fall. Active Adult Programs has tripled, and the large Ct}~ "I"ransit louses are noL~° being used fir trips, Cyne successful Active Adult trip Leas the (?regc~n State [air Lvith 3~ participants. Summer 1)av Cramp had an amazing turnout Lvith r~vc;r 5{) kids in attendance each 1L=eek. The "I`een Center at 1_,egion is doing great and has recently upgraded the programming with structured activities to include, daily r;c~ntests, crafts, hc~meL~ork Page 1 Page 16 'tilinutes 1~t'c~z~dburn Recreacc~n as~d Parks 13oarci Tue4day, September ~, ~Cit)8 8: l ~ ~.m. help and aeti~e play. "I~he Settlemier Teen C:`enter L~~hich has been closed for ? dears ~~~ill have a Cirand C)penis~~ on Ststurday, September 1th. Bath teen centers are nor~• funded b~- tl~e 1~'eed and S~:ed Grant and ~~ill nor~~° b~ open on ~~eck d<~ys rosn ~~: 4(l - 7:~CI p.m. ;11so at Settlernier Park, E?~°an "l'homas and. Stu has organized ~~ Skate Board C'c?n-spctiticsn 1:~~~:nt can Saturda}°, Septcn~ber 13~~' ineludin€t prizes f`rost~ Fail Line, a skate board cort~pany from Sil~~erton, li~~e detonstration, ? lip°e bands, and a Disc .locke~~. Stu also reported that the ~'c?ttth <~d~~isory Board been doing strong all summer, and no~~ has about ~'1 n~esnbers. They completed fi~~e projects this suns}rrscr; march~:d in ~tle~ictsn Fiesta parade; hosted a booth at the Salud '~9edical C'entcr l-3ealth Fair; helped paint thy; l<egion .I.ec~n building is3side and cut; assisted hiring prc~eess for the Woe}dburn School l.)istrict ~~sneriro C'c~rp ~c~lssnteer and helped u~•ith Vl'alt°s Run. ~I`he ne.~ct scheduled ~`outh ;~d~~isory Beard meeting is ~~'ednesclay, September IO~s` at C`it 1 lall C'c~une it at '7;tlt) p.n~. "1"here has been a ts-ansitic>n in the leadership at the boys c~: girls Glob of~ Salem, "1'hc F3~ecuti~e Director resigned sc~ evYerything is on h~;id until they fill that position. Stu stated that. the steering committee ~Yill stall launch <s fund. raising campaign in the f~sil prin~aril~~ asking the bi=a€~er businesses for support std ~~ill 1?e sc~licitin~ fir smaller amounts in the sprissg. E~~alic~~~-issg up fi~r~m the .lulti- meeting Stu reported that the hired grant ~~riter l~a_~; been successful getting thr€~u~4h the first round r~;~ith. C)rc~;on C~omsnunit~~ Foundation Grant and the '~le~c:r '~~tentorial ~l~rust Brant process, Ii~ isppror-ed, tl~cse grants ~~~~uld prt~~`ide up tf:a ~f~{),t)Ot) in the first ~°e~sr for liter~scy prt~grats. Stu shared that the ne~~ l~ n~smed "C)zst and <~bt~~~t" aeti~~itic~s wide. has prs~duc~;d incr~:ased interest. :ale«, ftctit hies are included in the: guide such. as: 1'ee-~l"e~: Soccer for 3 & =F dear olds. Sehool's ()ut l)ay C'tsn~p, l'~'inter Break Day Camp, ~~'inte:r Bas~:ball C`tinic. ~1ers`s basketball ()raft l:.eagsse, ~'ldlt Dancing including. Latin. Ballroom and Smocgtis dancing.. '~s~otl~er fisn y~~uth acti~~it~~ f~~r C)ctober mill he -l_rick or f"rent '~i~ght in the c~~re clot~nto~~•s~ area and plaza «hcre business m=ill ~ int~ol~~~'d helping make this traditional night a safe acti~it~ for children. Stu publicly thanked Public Forks lark l~laintenance f4>r repairirsg the skate park and in:~talling ne~~ Luc}od surfacing under the, playground eciuipnsent in Settlesni~:r Park. Parks and F'aciiities -.Tire IZc»~ ;lirrs reported that the City hay ccsntr<scted ~4•ith Inertia lncrgy for the l(t~';~(° Replacement Presject, ~~:-hich is currently in the design stage:. The prelisninary° schedule pl<~rss for the system to b~: ifsstalled in February and csper~}tic~nal b~~ tl~e beginni~rg of March. :~ field trip ~~°~ss t<ticen tc~ the 1<tarshall C'otxsrrsus~ity as~d ;-1,cluatie C'ente:r in Vancou~-er to lc}ok at a s~rstc:sn sirrsilar to the cane being, considered. "l`h~; staff there reported that tl~e:y t~•c:r~: ~'er~ isappy ~.~-ith air duality and4esles°gy ssslYings, ;tiny thanked the: Board fc~r cc}ming out on the playground tour in 1u~;ust and cc~mpicting, their evaluation sheet ~vhicls is sore being cc}mpilcd into cane docunsent. "l"`he replacement ranking ~~•ill be discussed at a future beard sneetisrg. Disettssion took place ost the possibility of a future playground that eoisld be designed speciticallti~ fir physically challenged children. "I~he Board agreed that ccancept should be included in the n~astcr plan.. Page 2 Page 17 Minutes 4~'oc~dbu Recreation and Parks Board '1`uesdav, ~epterr~er 9, ?f}Q 8:15 P. ~~n. 6. 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C~ Q iW d C:: b. rv: C~: .., ~~ ~~w? zn ;r} A-` i RJ w xd `r ~. P ~ ~*t)t' !v h~ K 'u "rt S :„? w r.7 2r c 79 X' 'C to ^q 3' t. C3 L: %a ~ ~; t3 ~ t7 ~t)1U1NU~~TY ~R~[C~~ DEPARTMENT ~TATISTI~~ AU~U,ST 2008 Recreation Services Division Revenue Expenditures Proctram Attendance: Youth Sports: Adult Sports Youth Programs' Adult Programs: Teen Programs: After School Club: Special Events. TQTAL- Aquatics Division Revenue:. Expenditures. Cost Recover ` Attendance. Lesson Enrollment: 03rt~up Adults Private 4th Grade' TC7TA: Library Division Auc~-U7 Aus~-~8 Z€~t~T YTC3 2Q~1$ YTD x1,311 06 54,$11 13 512.017.93 517 27226 x43,566.35 530,91327 x82,886.3$ 561;02216 0 0 0 18 520 44 1,2401 88 724 2013 1.6015 415 (} 3g 0 53 323 394 ~i38 368 0 0 ~ 0 0 138 1,500 2.283 1,567 815 4,983 3,765 Aug-t~7 Au~u~t-QB 521.052.98 521;2{72.28 551; 7701.96 559:373.85 41 °,'~ 36"l~ 6<926 6.457 2007 YTD 20{}8 YTD $43,495.83 548.155.76 x103,086.62 x116.226.75 42°l~ 41 ~>o 12,406 13,128 2(32 200 463 452 2 01 6 4 12 6 22 33 0 0 0 03 216 206 491 489 Ausi-t}7 Auk-0$ 20117 YTE) 2008 YTD Revenue x1,311 06 54.751.57 519,518 94 520.161.68 Expenditures; x83:458 38 x83 '114.59 5153,737 40 x163 01$3.17 Library Attendance: 17.3301 17.311 33.419 37,985 Libra Circulation: 12,0112 13,213 24,152 25.539 Adult Program Count: 4 4 8 9 Adult Attendance. 2,16(3 1,3601 3,5901 3,340 Youth Service Prcagram Count:. 19 12 49 33 Youth Service Attendance: 432 299 1.301 1 711 Database Usage. 552 324 1.263 506 Adult Cc~m~uter Usage: 4:716 4,210 8,938 8 459 Youth Services Com uter Usa e: 1,1164 1,248 2,1013 2,474 Room Reservations 1,039 1 226 New Adds: 536 278 960? 837 Volunteer Hours Worked. 117 103 225 206 August ~ 23 1f11t,~4DBURN PLANNING Ct~MMISSIQN MEETING MINUTES July 24, 2U{l8 CC3NVENED The Planning Commission met in a regular session at 7.t}tI p,m. in City Hall Council Chambers v+tith Chairperson Lima presiding, Commissioner Jennings led the salute to the flag. Chairperson bima questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with any of the applicants or with regard to the project in question. If such a potential conflict exists, he asked whether the commissioner in goes#ion believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the case. There were none. There were no objections from those present. Chairperson Lima announced: agenda is available at the back of the room. 1Ne will consider cases one at a time according to the order listed in the agenda. tlVe will follow the hearing procedure outlined on the public hearing procedure board. All persons wishing to speak are requested to come to the podium and dive their name and address. Any individuals speaking from other than the podium will not be recognized. RC3LL CALL Chairperson Lima P Mice Chairperson Bandelow A Commissioner GrosJacques A Commissioner Vancil A Commissioner Grigorieff P Commissioner Hutchison P Commissioner Jennings P Staff Present: Jim Allen -Community Development Qirector Carrie Brennecke -Associate Planner Marta Carrillo -Administrative Assistant Randy Rohman -Programs Manager in Public Works MINUTES A. itVoadbum Planning Commission Meetins~ Minutes of July 1g. 24fl8. Commissioner Jennings moved to accept the minutes with modified changed as amended. Commissioner Gri orieff seconded the motion, which unanimously carried. BUSINESS FRtIM THE AUDIENCE None. CC}IIAMUNICATI©NS None. Planning Cnrnmrssr`on Meeting July 24, ~t?tJ8 Page 9 of 4 Page 24 PUBLIC NEARING A. 1495 Cooley Ct -Jeff Potts; Applicant -Variance 2008-05 ~Cantinued from July' 0, 200$} The applicant requests a Variance from the required 24 foot rear setback tca a 5 foot rear setback. Staff recommendation: Approval with Canditians Chairperson Lima announced that the hearing was continued from the July 10, 2(}08 Planning Commission meeting and opened for testimony. Associate Planner Brenecke stated that the applicant`s new proposal is a rear yard setback of 10 feet and the front yard setback of 14 feet. The garage is set back 27 feet and allows for the parking pad provided in front of the garage. The previous submitted proposal indicated the 5 foot rear setback ar~d the new proposed indicates the 10 foot rear yard setback. The home is now more centered an the lot. Chairperson Lima invited the applicant for testimony. Jeff Potts, 20385 S. Leland Rd., Qregon City, C3R, applicant. He stated that this was afirst-time home purchase for a family. The design of a home on the lot meeting all the setbacks would not allow for a home any bigger than asingle-wide manufactured home. The purpose for the variance request is to allow for a larger home fray a family. Commissioner Jennings inquired about the sale of the property and home and not becoming a spec house. Is the property owner aware of the public easement with public usage? Potts stated that this was a prepared package for a family who is relocating to loodburn and would be living in the home. The purchaser is aware of the public easement and due to the irregularity of the lot. setbacks and public easement the package cost was much less. Chairperson Lima invited proponents of the application. There were none. Chairperson Lima invited opponents of the application. There were Wane. Chairperson Lima closed the hearing anti was open for discussion. Commissioner Jennin s made a motion to approve Variance 20(}8-05 with conditions of approval and the new submitted site plan depicting the 10 foot (rant setback and 14 foot front yard setback. Commissioner Hutchison seconded the motion, which passed unanimously RQIsL CALL Chairperson Lima yes Vice Chairperson Bandetow --- Commissioner GrosJacques --- Commissioner Vancil --- Gommissianer Grigorieff yes Commissioner Hutchison yes Commissioner Jennings yes Planning Ct~rrarraissir~n Meeti€ag July 24, 2QD8 Page 2 of 4 Page 25 (TENS F{3R ACTIC}N Commissioner Jennings made a motion to approve the Final C?rder for Variance 2{}t}8-05. Commissioner Gri cq rieff seconded the mc~tic~n, wicl~ carried unani€~usly. Commissioner Jennings mane a motion to canoe! the Planning Commission meeting for August 14, 2t~08. Commissioner Grigorieff seconded the motion, which carried unanimously. Community Development Director Allen stated that the Planning Commission meeting is canceled due to the lack of hearing items, pISCUSSI4N ITEMS ~ommunit}~Development Director Allen introduced Randy Rahman, Public Works Transportation Manager, stating he was available for any questions andlor comments. Commissioner Hutchison inquired about the t~regon Department of Transportation (QDt?T} future Park and Ride property Haar the I-5 Freeway and the maintenance of the property. Transportation Manager Rahman stated that the maintenance is the responsibility of ODQT and when in Woodburn. the crew will often clean-up the area, Commissioner Hutchison inquired about the street repair on Evergreen Read and t_awson Street and the obligation of the City. Transportation Manager Rahman stated that when I^awson Street is being repaired, Evergreen Road will also have some repairs done. The issue with Evergreen Road is the turn radius for large trucks and the difficulty of improving the road due to the signal pale located at the southwest corner. Chairperson I-ima inquired about the distance from a State hic~hv4ray to a City street is ~3DC}T responsible to maintaining. Transportation Manager Rahman stated that it was dependent Qn the right of way, C)Dt3T will take care of the pavement. to the extent of the right of way. Qn Highway 214 right of way is not much further back from the sidewalk REPC?RTS No comments. BUSINESS FRflM THE C£3MMISSIflN Chair erson I*ima stated that he appreciated the support from the Planning Commission members and City staff, during his difficult time. Planning Ccatrtrrr,ssion Meeting July 24, 200$ Page 3 of 4 Page 26 AQJC3t1RN~lENT seconded ~PPR(.~VED nin s moved to ~djr~urn the meeting, commissioner Hutchison on, which nmously carried. Meeting adjourned at 7:2~} Pm. r, CLAUDt~ LIMA, GHAiRPERSC~N Date ATTEST ~~~=r~, '~:~~ t ~-~~ ~--~_~ e Natalie Iva~c~ssiere interim Gt~munity Develt~pment Director City t~f Woodburn, Qregon Planrrirrg Cc~rrrrr~issiar~ tlrleefirtg July ~~. 208 ~ ~.~ f'a e 4 cif Page 27 Woodburn Police Dept. PAGB DATE: 9/18/2008 PL6860 TIME: 8:38:47 MONTHLY CRIMINAL OPPENSBS POR JANUARY THRU AUGUST 2008 8COTTRU ORIS: OR0240500 WPD RESULTS FOR ALL OFFENSES DATE USED: OFPBNSE DATB CHARGE DESCRIPTION JAN FEB -- MAR ----- APR ------- MAY ------ JUN ------ JLY ------ AUG ---------------- TOTA -------------------- ---------------------------------------------- AQGRAVATBD ASSAULT --------- 4 ---- 2 3 5 4 6 3 4 3 3 ANIMAL ORDINANCES 4 2 2 3 4 7 8 6 ARSON 0 0 3 0 3 0 0 1 ASSAULT SIMPLE 15 12 14 13 18 8 8 11 9 ATTEMPTED MURDER 0 2 0 0 0 0 0 0 I BURGLARY - BUSINESS 3 1 3 0 3 2 4 2 BURGLARY - OTHER STRUCTURE 1 1 0 4 5 3 2 3 I BURGLARY - RBSIDBNCE 8 8 2 13 4 2 5 2 4 CHILD NHGLBCT 1 0 1 0 1 0 1 1 CITY ORDINANCE 0 1 0 2 1 1 2 5 I 17 CRIME DAMAGE-NO VANDALISM OR ARSON 16 20 7 15 22 18 15 9 ~RpgW 0 4 1 0 1 1 7 5 I CUSTODIAL INTBRPERENCE 0 1 0 0 0 0 0 0 CUSTODY - DSTOX 0 2 0 2 1 1 1 3 I CUSTODY - MHNTAL 2 1 3 1 3 1 1 1 I DISORDERLY CONDUCT 6 5 3 6 8 2 2 $ 4 DOCUMENTATION 0 0 0 0 1 3 0 0 DRINKING IN PUBLIC 0 0 0 2 0 0 0 0 DRIVING UNDBR INPLUSNCE 13 12 14 9 10 15 15 15 1~ DRUG LAW VIOLATIONS 12 24 3 7 12 6 17 11 ~ DW3/REVOKED-MISDEMEANOR 1 6 5 1 2 1 2 1 ~ ELUDE 1 1 1 1 0 0 2 1 EMBEZZLEMENT 0 2 1 0 0 0 1 1 ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 1 PAIL TO DISPLAY OPBRATOR3 LICENSE 3 1 3 1 3 2 4 5 ~ FAMILY-OTHER 0 0 0 0 1 0 0 0 FORCIBLB RAPE 2 0 0 1 0 1 1 1 FORGERY/COUNTERFEITING 6 9 2 1 8 9 4 14 `- PRAUD - ACCOUNT CLOSED CHECK 0 2 0 0 0 0 0 0 FRAUD - HY DBCEPTION/PALSB PRETENSES 2 0 0 2 0 0 0 0 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 1 3 2 2 1 0 3 3 ~ PRAUD - IMPERSONATION 2 6 2 4 1 2 5 3 FRAUD - NOT SUFFICIENT PUND3 CHECK 0 1 0 0 0 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 2 0 0 2 2 FRAUD _ p~gR 0 0 0 0 0 0 1 0 FUCiITIVB ARREST FOR R.NOTHBR AGENCY 34 33 29 29 21 22 23 22 21 PURNISAING 0 0 2 0 0 0 4 3 GARBAGB LITTHRING 1 0 1 0 3 2 1 0 HIT AND RUN FELONY 1 1 0 0 1 1 0 0 HIT AND RUN-MISDEMEANOR 20 9 11 15 16 18 14 11 1~ ILLEGAL ALIEN - INS HOLD 1 2 0 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THRBAT 3 2 2 1 0 2 3 7 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSB 1 0 0 0 1 0 0 1 KIDNAP - POR RPN30M 0 0 0 0 0 0 1 0 LICENSING ORDINANC88 0 0 0 0 0 0 1 0 MINOR IN PO338SSION 2 3 7 4 3 4 8 9 ! MISCELLANEOUS 7 8 5 4 7 7 2 4 ! MOTOR VEHICLE THEPT 6 6 4 5 7 3 7 5 OTHER 12 12 7 10 14 11 9 7 ~ PROPERTY - FOUND L03T MISLAID 6 11 15 8 10 10 9 9 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 1 0 0 0 Page 28 Woodburn Police Dept. PAGE DATE: 9/18/2008 PL6860 TIME: 8:38:47 MONTHLY CRIMINAL OPPENSSS FOR JANUARY THRU AUGUST 2008 SCOTTRU ORIN: OR0240500 WPD RESULTS FOR ALL OFPHN3ES DATE USED: OFFENSE DATE CHARGE DBSCRIPTION JAN PEB MAR APR MAY JUN JLY AUG TOTS ------------------- -- ------ - PROSTITUTION - ENGAGH IN 0 0 0 0 0 1 0 --------- - 0 --------- - - PUBLIC HBALTH AND SAFETY ORDINANCES 3 0 1 0 11 2 1 0 7 RSCKLH33 DRIVING 1 2 4 2 1 3 2 1 ] ROB88RY - BUSINESS 0 1 0 0 0 1 0 1 ROBBERY - CAR JACKING 0 0 0 0 1 0 0 0 ROHHBRY - CONV.STORS 0 0 1 0 0 0 0 0 RO888RY - OTHHR 0 0 1 3 1 0 2 1 ROBBERY - R83IDENCS 0 0 0 1 O 0 0 0 ROBBERY - SERVICE STATION 1 0 0 0 0 0 0 0 RUNAWAY 3 5 5 5 6 2 4 6 _ 3HX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 2 0 2 0 0 0 1 SSX CRIMH - EXPOSER 1 0 0 0 0 0 0 0 SHX CRIME - FORCIBLE SODOMY 0 0 0 0 0 1 2 1 SE7C CRIME - MOLEST (PHYSICAL) 1 1 1 0 2 3 3 3 SSX CRIME - OTHHR 0 0 0 0 0 0 0 1 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 1 0 0 0 0 38X CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 1 0 0 1 STALKER 1 0 0 2 1 2 0 0 STOLEN PROPERTY - RECEIVING,BUYING,POSSSSSING 0 1 0 1 2 2 0 2 SUICIDE 0 1 0 0 0 0 0 0 THHFT - BICYCLH 2 3 1 1 2 2 1 4 THBFT - BUILDING 2 0 4 4 6 1 1 6 ~. THEFT - FROM MOTOR VEHICLE 23 27 15 9 20 26 10 9 13 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 3 0 1 2 0 2 2 7 THEFT - OTHER 15 19 6 10 19 25 18 19 1? THSPT - PICKPOCKET 0 0 1 0 0 0 0 0 THEFT - PURSE SNATCH 1 2 0 0 3 1 1 1 THSPT - SHOPLIFT 10 8 7 11 12 9 6 6 b TRAFFIC ORDINANCES ~ 1 2 0 1 3 9 1 0 TRAFFIC VIOLATIONS 12 18 9 8 18 26 18 36 14 TRESPASS 4 6 5 5 5 0 4 it 9 VANDALISM 39 33 65 45 44 40 53 58 37 VEHICLE RECOVERD FOR OTHER AGENCY 1 1 0 0 1 1 4 1 WEAPON - CARRY CONCEALED 0 1 1 1 0 0 1 0 WHAPON - OTHER 0 0 0 0 0 0 0 1 WEAPON - POSSESS ILLEGAL 0 5 0 0 0 0 0 2 TOTAL: 311 354 236 287 360 330 332 376 2i;~ - ------------------------------------------ 2008 TOTAL: ------ - 311 ------ 354 -- 286 --- 287 ---- 360 330 ----- 332 ---- ---------- 376 0 0 - --- 0 0 2( 2007 TOTAL: 389 417 493 328 361 400 388 431 0 0 0 0 3: 2006 TOTAL: 444 432 499 464 412 379 428 350 0 0 0 0 3~- Page 29 Woodburn Police Dept. PEE DATE: 9/18/2008 PL6850 TIME: 8:38:40 MONTHLY ARRESTS BY OFFENSE POR JANUARY THRU AUGUST 2008 BCOTTRU GRIM: OR0240500 wPD RESULTS FOR ALL CHARGES CHARGB DBSCRIPTION JAN PEH MAR APR MAY JUN JLY AUG TOT AGGRAVATED ASSAULT 4 5 3 5 5 6 1 3 AGGRAVATED MURDBR 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 3 2 2 3 4 7 7 7 AR80N 0 0 0 0 0 0 0 0 ASSAULT SIMPLE 20 14 11 12 15 7 6 8 ATTBMPT$D MURDER 0 2 0 0 2 0 0 0 ~~ THR~+T 0 0 0 0 0 0 0 0 BRIBERY 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 1 0 1 0 0 0 0 0 BVRGLARY - OTRSR STRUCTURH 1 0 0 4 2 0 0 2 BURGLARY - R88IDSNCB 1 0 0 6 3 0 2 0 CNILD ADBANDOMBNT 0 0 0 0 0 0 0 0 CHILD NEGLECT 1 0 0 0 0 0 1 2 CITY ORDINANCE 0 0 0 0 0 1 2 3 CRIM$ DAMAGE-NO VANDALISM OR ARSON 2 1 2 3 1 0 2 3 CURPBN 0 7 3 0 1 1 11 6 CUSTODIAL INTERFERENCE 0 1 0 0 0 0 0 0 CUSTODY - DHTOX 0 2 0 2 1 1 1 3 CUSTODY - MHNTAL 3 1 3 1 2 0 1 1 CUSTODY - PROTBCITVS 0 0 0 0 0 0 0 0 DISORDERLY CONDUCT 10 8 3 9 14 6 2 18 ' DOCUMENTATION 0 0 0 0 0 0 0 0 DRINKING IN PUBLIC 0 0 0 2 0 0 0 0 DRIVING UNDER INFLUENCE 13 12 14 9 10 15 15 15 1~ DRSKi LAw VIOLATIONS 16 23 3 8 9 7 23 14 1~ DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 DNS/REVOKED - FELONY 0 0 0 0 0 0 0 0 Dw8/RBVOKBD-MISDEMEANOR 1 6 5 1 2 1 2 1 BLURB 1 1 1 0 0 0 4 1 7 EMBB22LHMBNT 0 1 0 0 0 0 0 0 ESCAPE FROM YOVR CUSTODY 0 0 0 0 0 0 0 1 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 3 1 3 1 3 2 4 5 FAMILY-OTHER 0 0 0 0 0 0 0 0 ~ FORCZBLB RAPE 1 1 0 1 0 0 1 1 FORGERY/COUNTERFEITING 6 5 0 1 7 3 5 10 FRAUD - ACCOUNT CLOSED CHECK 0 0 0 0 0 0 0 0 3 FRAUD - 8Y DECEPTION/FALSE PRETENSES 0 0 0 0 0 0 0 1 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 1 0 1 0 0 0 1 FRAUD - IMPHASONATION 0 1 0 1 0 0 1 3 FRAUD - NOT SUPFICIBNT FUND9 CHECK 0 0 0 0 0 0 0 0 FRAUD - OP SERVICES/FALSE PRETENSES 0 0 0 0 0 0 1 0 FRAUD - wIRH 0 0 0 0 0 0 0 0 FRAUD"OTHER 0 0 0 0 0 0 0 0 FUGITIVH ARREST FOR ANOTHER AGENCY 36 32 32 28 22 22 24 25 FURNISHING 0 0 2 0 0 0 4 3 2Z GAMBLING - GAMES 0 0 0 0 0 0 0 0 GAMBLING - OTHER 0 0 0 0 0 0 0 0 GARBAGE LITTERING 2 0 1 2 2 2 1 0 HIT AND RUN FELONY 0 0 0 0 0 0 0 0 ~ HIT AND RUN-MISDBMBADiOR 1 0 1 0 3 4 3 4 ILLEGAL ALIHN - INS HOLD 1 3 0 0 0 0 0 0 ~ Page 30 Woodburn Police Dept. PAGfi DATE: 9/18/2008 PL6850 TIME: 8:38:40 MONTHLY ARRESTS BY OFPEN38 FOR JANUARY THRU AUGUST 2008 3COTTRU ORIN: OR0240500 WPD RSSULTB FOR ALL CHARGES CHARGE DHSCRIPTION JAN FES --- MAR - ---- APR ------- MAY ----- JUN ------ JLY ------ AUG ---------------- TOTA --------------------- --------------------------------------------------- INTIMIDATION /OTHER CRIMINAL THREAT ------- 3 --- 4 - 4 0 2 1 1 4 1 JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 KIDNAP - POR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 0 0 KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 KIDNAP - HI-JACK,TBRRORIST 0 0 0 0 0 0 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 LICHNSING ORDINANCES 0 0 0 0 0 0 0 1 LIQUOR LAN-OTHER 0 0 0 0 0 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 0 MINOR IN P08SSSSION 2 3 17 5 4 12 8 14 E MINOR ON PRSMI389 0 0 0 0 0 0 0 0 MI3CSLLANSOU9 0 0 0 0 0 0 0 0 MOTOR VEHICLE THEFT 2 0 0 0 3 0 3 1 N86LIGENT HOMICIDH - TRAFPIC 0 0 0 0 0 0 0 0 NEGLIGHNT MANSLAUGHTER 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 0~8R 11 9 6 12 12 3 5 5 b PROPERTY - POUND LOST MISLAID 0 0 0 0 0 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 0 0 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 0 0 1 0 0 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 RBCKLBS3 DRIVING 2 2 5 1 1 4 2 0 1 ROBBERY - BANK 0 0 0 0 0 0 0 0 ROBBHRY - BUSINESS 0 0 0 0 0 0 0 0 ROHSERY - CAR JACKING 0 0 0 0 0 0 0 0 ROBBERY - CONV.STORS 0 0 0 0 0 0 0 0 ROBHHRY - HIGHWAY 0 0 0 0 0 0 0 0 ROBHHRY - OTHER 0 0 0 0 1 0 1 1 ROBBERY - RESIDENCE 0 0 0 0 0 0 0 0 ROBBHRY - SHRVICB STATION 1 0 0 0 0 0 0 0 RUNAWAY 1 1 2 1 0 0 0 2 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 0 1 0 0 0 0 1 SSX CRIMH - EXPOSER 1 0 0 0 0 0 0 0 SSX CRIME - PORCIBLE SODOMY 0 1 0 0 0 0 2 0 SEX CRIME - INCBST 1 0 0 0 0 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 4 1 2 1 1 1 1 1 1 3BX CRIME - NON PORCE SODOMY 0 0 1 0 0 0 0 0 SEX CRIME - NON-FORCE RAPE 0 0 0 0 0 0 0 0 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 SEX CRIME - OTHER 0 0 0 0 0 0 0 1 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 1 0 0 0 0 SBX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 1 0 0 0 1 STALKER 0 0 0 1 0 0 0 0 STOLEN PROPHRTY - RSCSIVING,HUYING,P033BSSING 2 3 0 0 0 0 0 1 SUICIDE 0 0 0 0 0 0 0 0 THEFT - BICYCLE 0 0 0 0 0 0 0 1 THHPT - BUILDING 0 0 0 4 0 0 1 0 THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 THEFT - PROM MOTOR VEHICLE 2 0 0 0 0 0 0 0 THEPT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 Page 31 Woodburn Police Dept. pAGg DAT$: 9/18/Z008 PL6860 TZME: 8:38:47 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU AUGUST 2008 3COTTR OR11~: OROZ40500 WPD RESULTS FOR ALL OFFENSES DAT$ USED: OFFHNSS DATE CHARGE DESCRIPTION ------------------------------------------------ JAN ---------- FSB -- MAR APR - MAY JUN JLY AUG T AGGRAVATSD ASSAULT l - -- Z ------- 3 ---- 5 ------- 4 ----- 6 -------- 3 --------------------------------- 4 ANIMAL ORDINANCES 4 2 Z 3 4 7 8 6 ARSON 0 0 3 0 3 0 0 1 ASSAULT SIMPLE 15 12 14 13 18 8 8 11 ATTEMPTED MURDER 0 2 0 0 0 0 0 0 BURGLARY - BUSINESS 3 1 3 0 3 2 4 2 BURGLARY - OTHER STRUCTURE 1 1 0 4 5 3 2 3 BURGLARY - RESIDENCE S 8 2 13 4 2 5 2 CHILD NEGLECT 1 0 1 0 1 0 1 1 CITY ORDINANCE 0 1 0 2 1 1 2 5 CRIME DAMAGE-NO VANDALISM OR ARSON 16 20 7 15 22 18 15 9 CURPHW 0 4 1 0 1 1 7 5 CUSTODIAL INTERPERBNCB 0 1 0 0 0 0 0 0 CUSTODY - DETOX 0 2 0 2 1 1 1 3 CUSTODY - MENTAL 2 1 3 1 3 1 1 1 DISORDERLY CONDUCT 6 5 3 6 8 2 Z 8 DOC[1MSATTATION 0 0 0 0 1 3 0 0 DRINKING IN PUBLIC 0 0 0 Z 0 0 0 0 DRZVZNG UNDER INFLUENCE 13 12 14 9 10 15 15 15 DRUG LAW VIOLATIONS 12 24 3 7 12 6 17 11 DWS/REVOKED-MISDEMEANOR 1 6 5 1 2 1 2 1 ELUDE 1 1 1 1 0 0 2 1 EMB$22LEMSNT Q 2 1 0 0 0 1 1 ESCAPE PROM YOUR CUSTODY 0 0 0 0 0 0 0 1 PAIL TO DISPLAY OPERATORS LICENSE 3 1 3 1 3 2 4 5 FAMILY-OTHER 0 0 0 0 1 0 0 0 FORCIBLE RAPE 2 0 0 1 0 1 1 1 FORGERY/COUNTERFEITING 6 9 2 1 8 9 4 14 FRAUD - ACCOUNT CLOSED CHECK 0 2 0 0 0 0 0 0 FRAUD - HY DECEPTION/FALSE PRETENSES 2 0 0 2 0 0 0 0 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 1 3 2 2 1 0 3 3 FRAUD - IMPERSONATION 2 6 2 4 1 2 5 3 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 1 0 0 0 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 2 0 0 2 2 FRAUD-OTHER 0 0 0 0 0 0 1 0 PUGITIVB ARRBST FOR ANOTHBR AGENCY 34 33 29 29 21 22 23 22 FURNISHING 0 0 2 0 0 0 4 3 GARBAGE LITTERING 1 0 1 0 3 2 1 0 HIT AND RUN FELONY 1 1 0 0 1 1 0 0 HIT AND RUN-MISDEMEANOR 10 9 11 15 16 18 14 11 ILLEGAL ALIEN - INS HOLD 1 2 0 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 3 2 2 1 0 2 3 7 KIDNAP - POR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 1 0 0 1 KIDNAP - POR RANSOM 0 0 0 0 0 0 1 0 LICENSING ORDINANCES 0 0 0 0 0 0 1 0 MINOR IN POSSESSION 2 3 7 4 3 4 8 9 MISCELLANEOUS 7 8 5 4 7 7 2 4 MOTOR VEHICLE THSPT 6 6 4 5 7 3 7 5 OTHER 12 12 7 10 14 11 9 7 PROPERTY - FOUND LOST MISLAID 6 11 15 8 10 10 9 9 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 1 0 0 0 Page 32 WPD Monthly Code Enforcement Statisitcs Incident Type Total Abandon Vehicles 12 Abate Nusiance 21 Animal Complaints 59 Business License Check 6 TaU Grass 3 Ordinance Violation 107 Area Check 29 Foot Patrol 5 FIR (Pedestrian Check) 18 Grafitti Abate 27 Other 19 Total of All Incidents 306 2008 Page 33 ,^.'.,~ .j~' <s August ~ ~ . ~OOa TQ: Honorable ~rlayor and City Council FRQhrt: Scott D. Russell, Interim City Administrato A iz~,. SUBJECT: Rate Adjustment for Allied 11Vaste Services of Marion County {dba United pisposai Service, Inc.) REG4MNtEN[}ATIC}N: It is recommended the City Council consider the attached resolution authorizing an amended rate schedule for United Disposal Service, Inc, BACKGR©UNQ: ordinance 1641 as amended by ~7rdinances t X45, 2008, and 2072, regulates the solid waste management franchise of United Disposal Service, Inc. Article 13 of the ordinance states that changes in rates shall be approved by City Council resalution. In determining the appropriate rate to be charged, the Council shall consider: i . The cost of perfiorming the service provided by the franchisee; 2. The anticipated increases in cost of providing service 3. The need for additional equipment to meet service needs; compliance with federal, state and local law, ordinances, regulations; or technological change; 4. The investment of the franchisee and the value of its business and the necessity that the franchisee has a reasonable rate ofi return; 5. The rates in other cities for similar service; and 6. The Public. interest by assuring reasonable rates to enable the franchisee to provide efficient and beneficial service to the residents and other users ofi the service. fln June 12, 2006 City Council authorized a rate increase that increased rates an average of: 3.8 percent for residential service, 5.5 percent for commercial service, and 1.6 for industrial service. October 23, 2006 the City Council also authorized a rate adjustment for the costs of co-mingled recycling that took effect January 1, 2007. That rate increase included a . 3.80 per month increase Agenda I±~°r?°; Revie4nr: Csty Ac~rninistratc~r Ci'y Afi:~rr~f;y !=ir~a'"~'e _ -- -_ Page 34 lvtayor and City Council August 11, 2008 Page 2 far residential customers, and no increase for commercial customers or industrial customers. QISCIiSSIC3N: United Disposal is current#y requesting an average increase of 1 `~~~ far residential customers, and 2~~ for commercial and industria# customers, some miner adjustments in individual rates, plus the imposition of a "fuel recovery fee" fuel surcharge for each set of customers as outlined i the attached schedule that increases yr decreases with the cast of fue#. United indicates that this request is the result of several factors; The #ast rate increase was based on a fuel price of X3.00 per gallon and the cost of fuel is rising faster than inflation. • An annual COLA increase far mast expenses, wages, hea#th insurance, ~ meta#, exc#uding escalating fuel costs. • The cost Qf containers, carts and equipment have increased substantia##y aver the #ast year due to fuel prices, United has provided the fallowing material as bac#cground informatican and it is attached tc~ this report; • Financial Statements showing actual 2007 results. • Proposed rate sheets for the services offered in V`~oodburn. • A table comparing the City of Woodburn current and proposed rates with these in other Cities in Oregon. • ;~ response sheet tQ series of questions posed by the City Administrator United's Pro-forma financial statement far 2007 indicates a b.77 percent rate of return on investment (O#). United indicates an 8 to 12 percent ROI is standard in the industry. The Pra-farms statement is unaudited as United does not audit its books at the franchise level, kaut they inc#uded a statement from the parent companies annual report which is audited.. As a public held corporation Allied V~laste is a mandatory reporter under Sarbanes Ox#ey Act of 2002 which among rather things, requires the reporting and auditing of how local, state, and federal taxes are paid and by which subsidiary. Also included is a comparison of the rates charged in other loca# cities. This summary shows the proposed rates tear V~Iflodburn at a slightly higher average rate than far other jurisdictions that were compared. This proposal also includes a navy fuel recovery fee that rr~oves with the increases or decreases in the price of fuel. Page 35 Mayor and City Council August 11, 2008 Page 3 United explains that the purpose of the fee is tQ recover escalating fuel costs so that overalC rates can remain generally stabilized, and require only smaCl limited adjustments to the general garbage refs by eliminating the volatility of fuel rates. United indicafies that the fuel rate will be fled to the amount of fuel required for a given customer type ~i.e. 3.1 gallons per month for each commercial customer, 4.3 gallons far each Industrial. and 0.36 gallon for each residential; based upon United's methodology to average the amount of fuel used in servicing each cost©mer type, jwhieh United is prepared to explain} and will increase or decrease with fuel prices as caCculated three times per year, or every 4 months (due to the bi-monthly billing cyclej. United has established a baseline fuel cost of $3.00 per gallon for ifs operations in 2407. United indicates that given their current cost of fuel, the fuel recovery tee would be $3.40 a month for commercial customers..45 cents a month for residential customers, and $5.45 a month for industrial customers. To be cCear these surcharges would be in addition to the ra#e increases proposed above. United has agreed to review fuel costs three times a year and increase or decrease the recovery fee based upon its costs on a .25 cent per step basis. United has further agreed to average ifs cost of fuel down {not upj to the closest .25 cent increment, and to provide invoices to substantiate its costs of fuel to the City of Woodburn at each increasetdecrease. However, there would be nc~ limit on the fuel surcharge increases unless challenged by the City under the franchise agreement, United C~isposal's request appears to satisfy the criteria upon which the Council can base ifs consideration of the rate adjustment, The fuel recovery fee is a new concept, not addressed in the current franchise agreement. However, United's agreement to constrain itself to the agreed upon terms, as outlined in the City's proposed resolution, would be sufficient to assure that fuel costs are fairly represented by this strategy. A United disposal representative will attend your August 11, 2008 meeting to answer any questions about the requested increase. C"INANCIAL fMFACT; The requested rate adjustment and fuel surcharge will increase residential rates from $8.40 to $12.75 per year and commercial rates from $18.65 to $20.51, and Industrial rates similarly, Based on current revenue estimates this will result in an overall increase in franchise fees paid to the City, as the City receives three percent of United's gross revenue. Page 36 AtEachr~ettit A, Page ~ ,allied Waste Fuel Recovery Fee Schedule What is the Fu ose of the Fee? ~-~L~~a asTE The fee wilt help offset fhe significant increases in the east of diesel being consumed to operate our fleet- In addition to fhe wasfe stream management industry, some other examples of busrnesslindustries charging fhis kind of fee are FedEx; UPS, landscaping, t7carists and fuel tail companies, fo name a few. Lrke other transporfatiran cflmpanres, higher fuel costs are affecting our cost structure. The purpose of thrs fee is simply to cower a pcartion of the significant increase in fuel costs for trucks used to service our cusfamers, Fuel expense is running at a rate of over 50°ra from last year. The fee is being created to offset this increase irl our expenses. A fee based approach rs preferred over the normal" rate adjustment process due to fhe valatiltty and unpredictabrlify of diesel prices. This approach ~{#pWS fC?r c'? Cj(I1C{CBr r(?Sptt~?SS to 1rtCrE'c'~SGd CC}StS VYtItl4' r']dSt? allowing a decrease in pace fo uur custcamers should fast prices begin fa fail in the coming months. What is Ai/iect Currently L1oin~ to R4Ftr`~tate the Affects of Rising Fuel Costs? Allied Waste constanffy reviews equipment usage and manit€ars truck and driver fast econamy. Ccantinuous re- raut{ngfielps us optirriiae our rtaute efficiency and decrease fuel consumpfrcan, Allied Waste leverages it's nationwide volume cansuntpfion to secure fhe lowest possible fuel prices. r~leanwhile, fuel prrceslqurates are monitored laity to achieve the very best fuel prises and to maintain a fast inventory that allows for uninterrupted service tca our customers. t-tow Wili the Fuef Recovery Fee Work? The fee shrill be added to the custonaer°s month{y invoice. The fee wilt increase at every 25 cent incrernerat in average fuel rate for the most recent fiscal quarter aver the baseline rate of .x2.75 A separate fee rate schedu{e has been established for Cammercia{, fndustriat and Residential cusfcamers. How was the 8aseiine Rate Establisiaed? The base{ins rate was established by taking Allied`s t.~regon operations average fuel rate for the year 20017. Therefore, the fee only applies to the increase in costs recurred in 2t1D8. All fast pace increases rn 2f1>17 that were not recovered would be lnct~ided in the catculaf{can of '°normal"rate adjustments. Commercial Fee Schedule: The Corrrmercial Fuel Recovery t=ee wilt be a single tree-item charge on each customer`s invoice. To service the average commercial customer, Atlied`s trucks consume 3, 9 gallons of fast per month. Therefore; every 25 Genf increase in feet rate results in t1.78 of addifionat cast per customer, per month. Fuel Rare Fee ~ 3.OCl ~ 0.78 3.25 9.56 3.50 2.34 s.7~ x.92 4.25 4.68 4.50 5.46 4.75 6, 24 5, 00 7.02 Duel Rate gee 6.25 ~ 7.8Q ~.~~ 8.58 5.75 1.36 s.vv 911.94 6.25 90.12 6.50 91.70 6.75 92 48 7,010 9.3.26 7.25 94.04 Feet Rate Fee 7.5£1 94.82 7.~~ ~~~~ a.~cl 96.38 $.25 97 96 a. ~~ ~ 7 ~~ 8.75 18 72 100 l9 5C? 9 25 20 2& -1.501 2 9. CJ6 Page 37 Attachment A, Page 2 fndustriaf Fee Scfxedufe: The Industrial Fuel Recovery Fee wiI{ be charged on a hau{ by hau{ basis. To sere{ce the average rolle~ff heat, Alhed's tracks consume 4.3 ga{lone of fast. Therefore, every 25 cent increase in fuef rate results in $1.(39 of additional east per heat. Fuel Rate Fee ~ 3. t313 ~ 1, t39 3.25 2.18 3.5Q 3,27 3.75 4.36 4. f}(? 5.45 4.25 8.64 4.5tJ 7, 63 4.75 8.72 5.C3t3 9.81 Fuel Rafe Fee 5.26 ~ 19.99 5,5f3 ?°1,99 5.75 13. C38 6.(3t} 14.17 6.25 95.25 6.503 96, 35 6.75 97.44 7.(?t? 98,53 _ 7.25 99.62 Fuel Rafe Fee 7, 5f~ ~ 2C1. 71 7.75 21.8(3 8.6Q 22.89 8.25 23.98 8, 5f1 25. f37 a. ~~ 26.96 9,603 27.25 9, 25 28.34 9.511 29.43 f3esfdenfiaf Fee Schedufe: The Residential Fuel Recovery Fee will be a single line-iferrt charge on each customer's invoke, To service the average residential customer, A{Bed`s trucks consume t1.36 gal{ons ref fue{ per month. Therefore, every 25 cent increase in fue{ rate results in 59. (39 of additional cost per customer;. per month, Fuel Rate Fee ~ 6, 26 ~ U.9CJ 5, 5t3 03.99 5.75 1.(18 6.t3t1 9.17 6.25 1.26 6.5(3 1.35 6.75 1.44 7.(3f1 1.53 7.25 9.62 Fue{ Rare Fee 3.903 S 6, ~9 s.z5 n. ~~ 3.5Q (?.27 3.75 U. 36 4. t3(3 0.45 4.25 Q.64 4.5C? 9.63 4.75 g, 72 5.t1t3 03.81 Fuell~ate Fee $ 7.59 ~ 9.71 7, 75 1.813 8.~r~ 1.89 8.25 9.98 8.5(3 2.137 8.75 2.96 9.l?Q 2.25 9, 25 2.34 s ~~ 2.43 Page 38 ~I"E): Mayor, Staff and members of the Woodburn City Council F`RC)~1; Allied Waste cif Marion County I~.'~TE: July ~ > ZE~08 L?T3JF~C"I': Rate Increase fQr the City of Woodburn 1mnclosed is a request for an increase in garbage and collection rates in the City of Woodburn. The new rates represent a overall increase ofi 1 % for residential and 2°l~ for commercial and industrial. This prt~posal also includes a floating fuel recovery fee that rolls with the increases and decreases for the price ofi fuel. This request is the result of several factors: The last rate increase was based on a fuel price of 3,g0 per gallon and the cost of fuel is rising faster than inflation. An annual COLA increase fior most expenses, wages, health insurance; metal, excluding escalating fuel costs, The cyst of containers, carts and equipment have increased substantially over the last year due to fuel prices. Included in the attached information is the following: r Financial statements showing actual 2{}E37 results. ^ Proposed rate sheets fc~r the services offered in Woodburn. ^ A table comparing the City of Woodburn current and proposed rates wrth those in other Cities in Qregon. I appreciate the opportunity to present this proposed rate change and lool~c forward to your comments and questions. Best Regards, Robin Murbach ~enerai Manager Allied Waste of Marion County Page 39 200 Financial Statement City of Woodburn TOTAL RE~IENUE Direst Ccssts 1I~AGES REPAIRS AND MAINT VEHICLE OPS COST EQUIP RENT FACILITY OPS COST SAFETY,INS,CLAIMS TIPPING DISPOSAL CAST OF PRODUCTS TRANSPORTATION FRANCHISE FEES €~THER OPS COST subtotal Indirect Casts SALARIES RENT AND OFFICE EXP TRAVEL AND ENTERTAINMENT PROFESSIONAL FEES BAD DEBT QTHER EXP INTEREST EXPENSE MANAGEMENT EXPENSE DEPRECIATION subtotal TC}TAL EXPENSE IBT Tax GRt~SS PR©FIT Actual Page 40 $t3,5"~ 1,~3QE'i.4~ S576,157.29 X168,717.76 X1$4,389.24 X3.897 47 $74, 532.90 $84,196.48 X1,308,450.11 $4.00 SO UO s1 a7.s62.s2 $4,096 83 2: 504,107.23 ~'[ 17.571 fl6 $38,507.63 X5,137.47 X10,253.26 X18,078.82 $53 493.81 $106:841.54 s94.632.94 ~ 166, 707.35 X611:223 88 $3,115,339.11 $396,275.38 ~ 158:510. i 5 X237,76523 6 ~~°la Al.i.tEQ WASTE lt~t3USTRiES;1NC. CflNSt~LI~ATE#~ STATEMENTS {3F C3PERATIQNS stn mitlions, except per share amounts} `fears Ended Cfecerat~ter 3i, 2(N77 2~Q~, 24135 Revenges .................... .......................... ..................... .... .. ~ 6,468 7 5,C8 5 ~ S.61Z.2 Cast of orations (exclusive vt depret;iaUVn end arnorttz.2t;t~n shown txalow} ............... .......................... ........< ...,,......... 3 767 7 3,786.4 3.654 6 Setting, general and adrrtlni&trAttVB expenses .. ... <> ... ..,, .... 637,9 ~}7 ~ 51€x,2 E~epreCsatson and arnartuation ...... . .. ............... ..... 553.5 557 7 543.6 Ltass front divestitures and asset impairments .. ... .. 4(1 b 22,5 _... ~}perattng Encame ......... ................. .......... ...., ..... . 1 v55.? 954.6 9£33.8 xpense and othef ................ „ .,,,................,... Interest e .. 538,4 _ 5fi3.4 583-'f p lncc~me SrQa~tt G4Ct$iTti.ttttJ C)j1Br2Etf4[TS befare Stlt'ArTte taxes ... 577.3 397.2 323 7 Income taxexpensa ............................ ..<......., .... ..... 2Q71 235.3 13?.~ 14~anartty !t7t8rBSts .. ....... ........ ........ .... .............. ...... ... . „ .. SI,A CI 1 ',D.2~ In~me from cc3ntinuing operatlans ........................ . . ...... .. 3~9 8 755 8 189 8 {i.3ss} sncome fratn dlscontsncaed t~perations, net of tax ............ .. {36.2} 5.7 74.8 ~tlrftL€Iat?V$ $f1eCt of Ct72tlge in acccwnt€{~ prirtt:tp~3, r4@t £3t 12X.. , -- - s4).$} Net ~s?came ......................... ..... _ ...... ... , ........ ,... .. 273 6 i6t} 9 263 8 Clartidends on pfeferfett Stack ................. ... .. ............. sr`3? 5} (42.9t (52.gt Net inccame availatate to cvmrt?t7n shareholders , $ 236. t ~ 7 78,{3 ~ 151.$ 8as~c ED'S Continuing oper2tions ... . ... ........ ....... .. ........ ..... .. .. 5 4.74 S {1.32 5 G.42 [3iscantanued aperatlons .............................. ......... . .... }(~ 14l t1.t31 O.t34 rtamulativ8 effect of ^hange in accourtting prsn^:; Is........ °° -- .~3 4t}~ Nei ir..ci~me av2slat3le to cotrtfnon shareholders ~ C.64 S t3 33 5 Q 46 `JVe~ghted average cc~man shares. .... ..... 368 €~ 356.7 326 9 L3=.Eu1ed EPS: Gcntinuirtc3 aperatsans , .. , ~ Cl 71 5 aJ.32 $ ~ 42 f3sscot7ttnued opefattc~ns .., t+}.v8) .t11 ~ C?4 Curruiatrve effect Cat change to ac^C3ttntsng pnftGtple __~_ __ - _ t~ 3t3; Net snca€e availat~le tt7 cC>rnman shareholders .. S Q ~a3 ~ t7 33 ~ 4 46 '~Ie~ghted average corrsnaC~n anti ~amrnan eau€valent Shares . 443 0 354 3 33(3 7 i y~e accC:mPanY'r?9 tvoles to Conscalidated Financial State^=-t~nts are an integraf ,^,ar of il?ese t~rEancial statements 61 Page 41 t;iiy vt Woodburn £2at~; Comparisons Current City of Proposed City of Woodburn Woodburn City of Stayton City of Silverton Marion County City of Salem AW of Marian Hauler Name AW of Marion County AW of Marian County County AW of Marian County AW of Marion County A111J of Salem Service Type 32 gallon can service NJA NfA NIA NtA $20.60 NlA 35 anon cart $21.05 $21.30 $22.60 $22.65 $21.20 $20.10 65 anon cart $29.90 $30.20 529 90 $27.10 $25.65 $26.95 90 gallon cart X35.80 $35.80 $33.20 $29.00 $32 80 NJA 2 d front load container lxlweek $335..75 $138.50 $136.1JO $141..50 $132.75 $120.95 30 yd drop box Shaul anly~ X153.00 $56.06 $153.95 $140.00 $169.40 $145.90 -o Q m N 1NC}{~DB1RN RATE SHEET-AREA 20 INl3t1STRlAL-t~R"t7P BOX RATS Rent charge {`after 4 days}: Day:55.OQ Month: S75.00 *Cornpacted rates charged a~ 3 X's loose rate Dry run charge. 35,CtQ Screen box, per haul. 510.50 Relocate, per box. 535.00 Qve€weight, per box 5100.Q0 Liner, per bax. 535.00 SIZE weight limit ~s ~0 tcsnsl 20,OC3 pcaunds TUTAL I]ELIVERY HAI1L dISPQSAL TAXIFRAN, FEE QiIER WEIGHT RATE 1{I yard` GARBAGE 5258.6€ 535.00 ~~~~ 4C1 51{11.20 V11QOD C~1MPC~ST GCINCRETEIBRICKI GIRT 535.00 5122.40 S3. a0 and ...METAL HEETRCICK 2U yard' .GARBAGE 5376.12 335 CICI 5138.72 5202.4t} 11Vfl~D GC)MPC3ST 35 0{1 5138 72 55.8 and CC?NCRETEIBRICKI DIRT METAL SEETRC}CK 30 yard' GARBAGE 5494.66 535.110 5'156 06 5303 60 WOflD 535.00 5956 06 S2 00 and CGMPC~ST 535.0(1 5156.Q6 55.80 aid ~C)NGRETEIBRICKI DIRT METAL 535 110 x156 06 SFiEETRQGK 535 Otl 5156.06 55 t10 yard 4{? yard GARBAGE 5613,2Q 535.t~C} $173.40 5404 80 ttVC~{)D 535.00 5173.40 52.01} and CC7MPC}ST 535.00 X173.40 56 8Q and GC~NCRETEIBRICKI DIRT METAL $35.(}0 5973 40 SNEETRflCK EFFECTIVE _ revised 717108 be Page 43 WQt~DBURN RATE SHEET-AREA 2€~ RESIAENTIAL RATES Pick-p dates: MonCTuesfWedTThurlFri included with service weekly: Trash, 65gYard Debris Bi-weekly: 65g Commingle Cart and Bin Recycle SIZE PKG PRICE ADD. YARD CART 2Q gallon REGULAR 51$.85 56.34 ....RECYCLE OPT OUT $17.44. (no commie le cart...... 35 gallon REGULAR 521.34 56.34 NON-CURB HARDSHIP OWN CAN 65 gallon REGULAR $3(}.24 ~f~.34 NC3N-CURB HARDSHIP OWN CAN 9i} gallon REGULAR 535.84 $6.34 NQN-CURB . fARDSHIP OWN CAN Qn-call pick-up:58.(}4 Sharps:S14.54 Recycle only' $5.Q4, bE weekly 65g rollcarttbin Extra canlbaglbox~ 85.44 Request to change or switch container 515.44 {after attowed Erne change ~ nlc) Outstanding invoices older than 64 days are subject to a service interrupt fee of $25.[34 Return fee:514 i}4 Rec carttYard debris contaminated 59.54 SenEOr discount upon approval: NtA Premium drive°En serVEGe {per Cart} N1A A late fee of 18~~~ per annum with a 55 44 monthly minimum will be charged for non-payment after 45 days from invoice date.. E1=1=ECTl~fE' 211147 revised 614148 ah Page 44 1~tOQDBURN RATE SHEET-AREA 2a IrC1M1VlE14CIAL RATES SIZE COMMERC[AL CART EXTRA TRIP {EXT} 35 anon X15.91 514,18 65 alion _.........525 50 516.58 9{# anon 535.913 S 19.1$ C$B 55.32 Add.Ret;.Cart 55.00 Yard 510.20 AG?l3tTIC?ACAL SEf?VICE RATES: *CominglelYard C3ebris 9#~g1bi-weekly--65g Yard weekty pr`u tone cart per custr~mer at nr~ charge ur.'week(y garbage ser'r#ce't "Request tc change or s~~r€tcf= ct~nta€r~er 535 C 'Ccamarr,ination fee S9 5IJ iapplies to a1! commcad;tEes~ "Cardboard, ~13,aveilable wtureekiy garbage service 'Return trip fee $113 QO?trip 'A [ate fee of 1$~'/c per annum with a $5 00 monthly minimum will be charged for non-payment after 45 days from €nvoice date. Sere€ce interrupt fee: 525 013 on €nvoi::eS 613 days. ~'~xtra rilu-€~ff rgufe return, meanth~ ratel4 z~tus ~1fJ SIZE ONE XfWEEK TWO XIWEEK THREE XIYUEEK EXTRA TRIM (EXT} ADC?ITONAL PICK t!P PER WEEK 1 and 581. °[ Q 5149.40 523(1.45 5313 28 SB1 05 1.5 and 51137.713 5214.10 5356.90 536.93 51£37 80 2 _ and 5138.51} 5286 04 5444.36 544.63 5138 40 3 and 52117.65 .....5+424 413 5631 9Q 561 91 52137 513 4 and 5276.85 5562 1313 5818.50 579.21 5276 60 5 and 5346 00 _5640.1}0 $985 70 596,1a 5345.813 6 and 5415 15 576$.00 51;182.75 $113 79 5414.85 8 yard 5553.60 51:1324.00 51,577,3Q 5148 40 5553.20 "PULL UUT Klt l~. $75.t7/llt~aMh. per COti#. `Cv€t?pacteci containers chart ed 3 X`s locale rate "Extra yardage: 521.001yard V;JiGARB1BlN CART1BiN REC CART BIDE QRi!_Y t?LY ANC} BIN Zfl anon 35 anon 517.80 519.60 525.80 65 anon 527.10 528.90 ~a35.00 90 aallorr 535 6S 537.54 543 6Q TEMPORARYISPECEAL Ct711tTAlNERS SIZE TOTAL. 13i$POSAL QEUVEFZY 3 and 5145.{34 ...575.{30 530.1313 le and yard debris carts are 85 galtr~n plu ba-weekly, yard weekly xtrt t : ~~.uu~uH~, ~l~,uutlvtvly a rt {cnargect r nays tram delivery dated EFFECTIVE: Extra yardage. 521.OOtyard revised 717108 be Page 45 I'a~~; 1 cif 2 Rabin Murbach - Re. Questir~ns an rate increase request From: Rabin Murbach To: Rabin Murbach ©ate: (38JQSf 2(}08 5:g9 PM Subject: lie; Questions on rate increase request »> "Scott Russell" <Scott,Russell~ici.woodburn.or.us> O8J02/2(}{38 101;42 AM »> Robin, as 2 have been working with staff and the Council on your request the following questions have arisen, Perhaps you can address them for me, either via email, or early next week by phone or in person so 1 can complete my staff report. T got your message and left a message for your but have not connected with you yet, 2, Your prgposal requests authority to raise the fuel surcharge as fuel rates increasef would Allied also agree to be bound by a City resolution that states in essence if fuel prices come down, that rates would be reduced a commensurate amount? Would this be done on a quarterly basis? Would the increment be .25 cents up and down? Now would you report this to the City? Yes No - It will change 3 times a year or every 4 months, because we bill every other month for 2 months Yes By showing an average of the last 4 months of actual fast bills. 2. A question has arisen as to the methodology and backup for arriving at the $2.75 per gallon fuel rate, and the amount of fuel required for the various customer classes. Can you give some insight into this? we have very detailed information in our database that calculates the amount of fuel we use for each line of business, Fuel was at approximately 2.50 the last. time we came in. We decided to absorb the difference between the $2.50 and $2.75 3. Vile assume that you are using a 2007 fuel rate, rather than a ZQOB fuel rate because you are using 2007 financials {the most current you have} to do your financial analysis on overall costs, is that correct? If not, why not use 2(3£38 fuel costs as they are more current? We have always come in for a rate review with the previous years financial statement. We pulled out the percentage of casts for fuel and carne up with approx. 2°lo of the overall increase in expenses. 4. What are your current fuel costs, and what could customers expect for a current fuel surcharge based upon that? C3ur very rough estimate of your P&l_ statement, after applying the fuel surcharge, shows a net profit of approx. $.lojgt which exceeds the industry standard you gave me of 8°i~, however this depends on your current fuel and overhead costs. Industry standard is 8-12°fo with a target of i0°lo Current fuel costs are running at $4.25 per gallon 5, Can you provide generalized backup information that shows that taxes have been paid by the local franchisee as shown in the P&t statement? All taxes are generated at the Corporate level, because the tax return is filed by Corporate. Qur 30-K shows the tax liability. 6. Can you provide a generalized breakdown of the "Management Expense" and "Interest Expense" line items in file:'-C:: I)r~G~ir~~e~lts anJ `~~. i=`~s.rr~~url?~eh I.t~cal ~Srtt~elt~'r~7~2 \1'~rp~~i~c'~i~t)l~~g-i:~~:~'4~'... B:Cii2(~08 the P&L? And is the interest paid to separate (enders car to the parent organization? Interest Expense - is calculate by taking the total net cash investment multiplied by our ROIL and then divided by the ~fo that is Woodburn, Allied borrows and purchases at the Corporate level, Managennent Expense - includes. a portion of district and region employees, MIS, procurement, safety, environmental complfanCe, MR, accounting all allocated on headcount, ~ realize these are challenging questions, but T would expect that yc~u wail need to respond to them at the Council meeting if not before. I will e happy` to work around your schedule next week if you would like to meet. Thanks. Scott D. Russell, Chief oaf Police Woodburn Police Department (SQ3}982-234a scoff, ru sse l l ~ c i . wood bu rn . o r. u s PUBLIC RECORDS LAUV DISCLOSURE This email is a public record of the City of ~~oodurn and is subject to public disclosure unless exempt fram disclosure under Oregon Public Records Law. This email is subject to the State Retentipn Schedule. f~l~: ~': l)c?cu~~ie:r~ts aril ~c:tts~4~~ ~°r~~t~rh~cl~ 1 i}c,~l `~~tt~age 4/~np `~E'~,~r~~~~i:;e ~:"3g81'~~)=l•.1,d~lt',,. 8 ~fi:?(}fJR CC3UNGt1. BIt.L N0. 2735 RESC}LUTtQN N4. A RESQLUTIC?N APPRC)VtNG AN ADJUSTED RATE SCHEDULE AND FUEL. RECC}VERY FEE SURCHARGE FC}R UNITED DtSPt~SAL SERVICE, tNC; SETTING AN EFFECTIVE DATE; AND REPEALING RES4lUTtQNS 1$33 AND 1843. WHEREAS, Ordinance 1641 grants an exclusive franchise fo Unifed Disposal Services, Inc. ("United Disposal"~ to collect, transport, and convey solid waste in fhe City; and WHEREAS, United Disposal was acquired by and is operated by Allied Waste Services of Marion County; and WHEREAS, the City and Atlied v~laste Managemenf/United Disposal are currentty in the process of negotiating a new franchise; and WHEREAS, the franchise granted by Ordinance 1641 is stilt in force, and WHEREAS, the City Councit previously adopted resolutions 1833 and 1843 establishing certain rates, and WHEREAS,. Unifed Disposal has requested an adjustment fo its residential and commerciat rates and has sbrraitted satisfactory evidence to the Cifiy Council to justify the proposed refs schedule; and WHEREAS, in addition fio the refs adjustment, United Qisposal has requested the imposition of a "fuel recovery fee" surcharge that will increase or decrease, as provided herein, based upon the price of fuel and WHEREAS, fhe City Councit believes that there has been satisfactory evidence submitted by Unified Disposal to justify imposition of this fuel surcharge; NC?W, THEREFORE, THE CITY €?F WOODBURN RESOLVES AS FOt.I.OWS: Section 1. That the Council finds that the rates proposed lay United Disposat are fair and appropriate under fhe exisfing franchise. In making this determination, the Council has considered the fotlowing factors pursuant to Section 13 of Ordinance 1641: (1 l The cost of performing the service provided by fibs franchisee, Page 1 - Council Bill No. 2735 Resolution 1`lc~. Page 48 ~2~ The anticipated increases in the cast of providing the service. (3~ The need for equipment replacement and the need for additional equipment to n'leet Service deeds; compliance with federal, State and lacal law, ordinances c~nd regulations; or Technological change. ~4} The investment of the franchisee and the value of ifs business and the necessity that the franchisee have a reasonable rate ®f return. {~~ The rates in other cities for similar service. (~} The public interest by assuring reasonable rates t© enable the franchisee to provide efficient and beneficial service To the residents ar~d other users Qf The service. Section 2. That the rate schedule affixed as Attachment "A„ and by this reference incorporated herein is approved. Section 3. That the "fuel recovery tee" surcharge, pursuant to the schedule affixed as Attachment "B" and by this reference incorporated herein, is approved Section 4. That in imposing the fuel surcharge, United disposal has agreed to reviev~r its fuel costs three Times a year and increase or decrease the surcharge based upon its costs on a .2S cent per step basis Section 5. That in irnpcasing the fuel surcharge, l~nited Qisposal has further agreed to round its cost of fuel dQ~rJn but not up to The nearest ,25 cent increment. Section 6. That the ~iTy Council finds that any failure by flniTed aispc~sal to implement the fuel surcharge as provided herein constitutes a violation of The franchise granted by Ordinance 1 X41. Section 7. That this Resolution is effective on OcTaber # , 200$ and Resolutit~ns 1833 and I843 are repealed at tafi time. Page 2 - council Fill Na. 2735 PesQluficar~ ~~a. Page 49 Approved as to form: ~~ ~~ ~ ~ ~~ ~ ~=' City Attorney Date Appr®ved: Kathryn Figiey, Mayer Passed by the Council Suk~mitted to the Mayan Approved dy the Mayer Flied in the Office of the Recorder ATTEST: Mary Tennant City iecorder City of Woodburn, Qregon Page 3 - Council 13l4 No. 2735 Resolution No. Page 50 ATTA~~fMNT '~g~ ! t~f W{~~}DBURN RATE SHEET-AREA 20 t111[}LISTRIAL-;t?RC3P E3C3X RA 7'ES Rent charge (`after 4 cfays~. Day. ~~.0(1 Month' 575.00 *Compacted rates charged r~z~ 3 X`s loose rate Dry run charge. 535 00 Screen box, per haul: X10. a0 Relocate, per bt~x: 535.00 Overv+teigt, per box: 5100.00 Liner, per box: 535.00 SIZE °weight Cimit is 1C~ tr~nst 2o,QO p~sunds TOTAL CfEL(VERY HAt1L DISPQSAL TAX/FRAN. FEE flt/ER 1AtEIGNT RATE 1Q yard* GARBAGE 5258.60 535.t}0 5122.40 510120 VtIQDD CC~MPt~ST CflNCRETEtBRIC}~J DIRT X35 00 5122 4p 53.511 and METAL SHEETRaCK 20 yard° GARBAGE 5376.12 535,00 5138.72 52G~~ ~~ VtlflflD COMPC7ST 535.00 Spa ;~ 72 55.80 and CflNCRETEtBRlC1 DIRT METAL SI-1EETR(JCK 313 yard" GARBAGE. 5494.66 ~~~ ~~ 5156 ~s 53~3.ea ~ttflflD S35.f7Q 5156.06 $2.(3Q and COMPC?ST a35 OQ $158.06 55.80 arci colvCR~T~ls~lc~l DIRT METAL 535.(~Q 515F,C76 sl-~I~ET~cac~c ~~~.c~~ s1~s cis ~~.~c~ y~>• 4Q yard' GARBAGE 56132Q S35.Ot1 5173.4(} 54Q4.80 WC}C7D 535.Qt} 5173.4(1 52.x}0 and CQMPflST 535..00 5173.40 S5 80 and CC7NCETEIBRICKI DIRT METAL S~5.t10 5173.40 SHI=ETRC}CK EFFECTIVE: _ revised 717108 Ise Page 51 ATA~E~MEI+CT` e ~ ~ ~Il{~ODBURN RATE SHEET-AREA 2U R~SIAEtVT/AL. RATES P~cic-gyp dales: MantTeslv~ledlTh~rtFri Included with se~vlce weekly. Trash, 65gYard Debris Bi-weekly; 65g Commingle Cart and Bin Recycle SIZE PKG PRIGS A©13. YARi3 DART 2A gaHan REGULAR x'18.85 56.3ta RECYCLE OPT OUT 517.OC} no commie le cart 35 gallon REGULAR $21.30 $6.3Q NON-GURB HARDSFIIP p1NN GA 65 gallon REGULAR 530.20 56,30 NON-CURB- ARDSHIP QVIi[V GAN 9Q gallon REGULAR 535.80 $6.3{3 NON-CURB HARDSHIP OWN CAN fln-call pick-up:58 00 Sharps:514 50 Recycle only 55.00, bi Weekly 65g rollcarUbin Extra can#bagtbox: 55.00 Request to change or swi#ch container: 515 OC3 tatter aElowed one change ~ etc) Outstanding invoices older than 60 days are subject to a service interrupt fee of $25,00 Return fee:S10.{}0 Rec cartlYard debris conta~nated,55 50 Senior discount upon approval: NlA Premium drive-in service per cart}: NtA A late fee of 18°lo per annum With a 55 00 monthly minimum will lac charged for non-payment after 45 days from invoice date. EFFECTIVE. 211107 revised 6!4108 ah Page 52 ~t ItVC~t~QgURN RATE SNEET-AREA 20 C~Mlt+IERGlAiL RATES SIZE CC?III~ERGIAL CART EXTRA TRIP {EXT) 35 anon .......515 91 :514.18 65 anon 525.50) $16.58 913 anon X35.90 51918 CBB ...$5.92 Add.Rec.Cart 55.QO Yard 510.213 date Service ~nterrup# fee 525 OQ on invoices 6{3 days `Extra ~Itt-crl#'r~rute relurrt. rr~onth#~ratel4 plus $101 AQt3lT1Q/1lAL SE1~V#CE RAT~~; 'Ctrrr~sningletYard 17ebris 9Ogftsr-week(y--65g Yard weekly piu €Qft@ Cart per custtrmer a# np charge w ~,rreekly garbage service# 'Request ter change crr switch con#asner $35 Ov ,Contarr~ina#ion tee aB 50 applses to all corrge33#~es} "Gardb4arci~ SQ available w;lveek[y garbage se;v~ce "Re#urn trip fee ~1g OO?trip 'A Tate fee of ? 8&~~ per annum wi#h a S5 (70 mpnthly m~ntmutn witl be charged fpr non-payment after 45 days from invoice IZE NE XtWEEK TWC? XIWEEK THREE XIWEEK XTRA TRIP {EXT} ,_ A~I3ITC3NAL PICK UP PER WEEK 1 and $81 10 5149.4Q 5230 5 530.28 5$1 Q5 1.3 and 5107.70 X214,14 5356 90 536.93 510}7 80 2 and 5138.5Q 5286.00 5444 35 544 63 5138.413 3 and 52(37 65 5424 40 5631 913 561 91 52037.5Q A and 5276.85 5562.00 581$,513 579 21 5276.~i13 5 and x346.003 S64Q.114 ....5985.713 596.50 ~345.8Q B and 5415.15 $768.0{3 51.182.75 5113 79 $414.85.... $ yard 5553.613 51.1124 00 51,577,3Q 5145 dq X553.20 "'YLtt.f,. VUf KAl~:.~i75.UUfR7Q/tFtt. Aef COfIF. 'Comteacted containers charged ~'c'~ 3 X's Ic~ose ra#e xExtra yardage. 521.OOtyard SIZE }lVIGARBIBI C7hILY V111RI0; CARTII3IN ONLY ~1t1IYARD, REO: DART Af~IIJ BiN 20 anon 35 anon 517 80 $19.61} 525.80 65 anon 527 10 x28.90 535 00 90 gation 535.65 ;537 513 543.50 TEA?Pt?R'ARYISPECfAL CQNTAflVEf?S SIZE TOTAL DISPC}SAI. C3EI^IVERY 3 yard $105.130 ;575.00 5303.00.. angle and yard debris carts are 65 gallon 7g ptu bi-trareekly, yard weekly r«n i ; as uuruttr, ~~~.uutnnvrv ~ rl (cnargeq t days #ro delivery date} EFFECTIVE Extra yardage: 521.t3O1yard revised 7I7tO8 be Page 53 ~.. ~~ ~~~ P~~e of At{ied 1~Vaste fuel Recovery Fee Sshedute YYhat is the Pur„~t~e of the t=ee? f- A~.tt~a ,~ ~ wASt~ The fee -vill help offset the significant increases in the cost of diesel being consumed fo operate our #lest to addition to the weals stream management industry, solos other exampfes of businssstindustries charging this kind of fee are 1~edlx, UPS, landscaping, t7orists aril fuel oil companies; to Hams a few. Like other transportation companies, higherfust costs are affecting our cost sfrircturs. 7'he purpose of this fee is simply to cover a poRion of the significant increase in fast costs for trucks used to service our custorrrers Fuet expense is running at a rate of over 6f11°r'a from Last year The fee is being created fo offset this increase in our expenses. A fee based approach is preferred over the "normal" refs ad~uslmsnt process due to the votatltrfy and unpredictability of dresst prices. This afZprctach alfows for a quicker response to increased costs while also allowing a decrease in price to our customers should fast prices begin tca fall Iii !tie coming mr~ntf7s. VYhat i tti d Curren t L3otn o Mitt a the A is of Ri in Fu t ts? Allied Waste constanfly reviews squiprraent usage and monitors truck grid dnvsr first economy. Continuous re- routing helps us optimize vur route efficiency and decrease fiaeJ consumption. Allied Waste leverages it's nationaride vofurrrs consumption to ascots the !sweat possible fuel paces. Meanwhile, fuel priceslquotes are inonifored dally to achieve the vary hest fuel pncss and to maintain a fuel inventory that aftows for uninterrupted service to our customers. Nosiy VYltl the fast Recoygrv Fge Work? The fee urift tae added to the customer`s rnoritfity invoice The fee evil! increase at every 25 cant rncrsinent ire average feet rate for the most recent fiscal gcrarter over the baseline rats of S2, 7S A separate fee cafe schedule teas been i3stabtished for Corrtmercrat, industrial and R$siderttial customers Haw was the 8asrgflne Rate Establ}shed? The baseline rats was established by taking Atlied's £~regon operaticarts average fuel rats far the year 2007 Therefore, the fee only applies to ills increase rn costs incurred in 2008 All fuel price increases an 2t307 that :vets nQt recovered would bs included in the calculi#ion cif "normal" rate adjustments Commercial FegSchedute: The ~orrimercral Fuef ~etrOYBry ~Ee wtfl be a Single line°item cttarge on each CustC3mer`S rnY(~iCe. To SerVtCe the averag$ commercial customer, Attied's trucks consume 3.1 gallons of fuel per month. Therefore, every 25 carat increase in Fuef rats results in $0 78 of additional cost per customer, per month, 1"LrP.I flats FEe .$ 3 Ot? $ t~. 78 3.25 1.58 3.511 2,34 375 312 4DO 390 425 468 4.50 5.46 4.75 6, 24 5. QO 7.02 Fuef Rats free S ...5.25 $ 7 8C3 5 50 8 58 5.75 9 36 611(1 1 03.14 6 25 10 92 6.5(3 F 1.7(1 6.75 12.48 7 DO 13 28 7 25 14 04 l=ust Rate Fee $ 7 511 $ 14 82 7.75 15.611 8 00 16 38 8 25 17 16 8.50 17 94 8.75 18 72 9.OC3 19 50 9.25 20 28 9.50 21.06 Page 54 tndusiriat Fee ~cheduJe: The Industrial Fuef Recovery Fes will t1e charged on a haul by haul basis. To seruice the average #loff haut: Allied°s trucks conscre 4.3 gaftc~ns of ftre# Therefore every 25 cent rncrrase in fuel rate results in $1 (19 of additloraal cost per haul. Fuel Rate Fee $ 3,1311 $ 1.r?9 3.25 2.18 3.5ta 3.27 3.75 4.36 4. QtT 5 45 4.25 6.54 4.5Q 7.63 4.75 8 72 5.ttp _ __ 9.81 Fuel Rate Fee 5. z~ ~ 1(1.913 5.513 11 99 5.75 13 118 6 Dt1 14 17 6.25 15 26 6.511 fib 35 6 75 17.44 7. t3~ 18.53 7.25 19.62 Fuel Rate Fee $ 7 5II $ 2l1 71 7 75 21 8~ 8 {}t1 22 89 8.25 23 98 8.50 23 37 8.75 26.1 & 9.taQ 27.25 9 25 28 34 9.5Q 29.43_.. Resldanfiai Fee Schedute: The Residential Fuel Recovery Fse vri## be a scrag#e line-iterrt charge on each customer's invoice To senr~ce the average rr~sidential customer, AI#isd`s tracks consurrre f? 36 gallons of fuel per rnanth. Therefore, every 25 cent rncreass in fuel rate results in $Q. (19 of addrfional ccas# per customer, per mcanth Fuel Rate Fss $ 3. (?t1 $ (1(19 3.25 G 18 3 50 f3 27 3.75 13.36 4. t1(3 {3.45 4.25 13.54 4 511 t3 63 4 75 t?.72 5, CIt1 (1.81 Fuel Rate Fee $ 5 25 $ t? 913 5.51? tt 99 5 75 1 t18 6 tat? 1 17 6 25 1 26 6 513 1 35 6.75 1.44 7 tag 1,53 7,25 1 62 Fuel hate Fee $ 7.5~ $ S 71 7.75 1 813 8 ~Jt3 1 89 8 25 9 8 I O 5tt 33 ry ( < ~,+5 875 216 9 (34 2.25 9.2.6 2.34 9.513 2.43 Page 55 '~~c~o~aB ~..~ September 22, 2008 TC. Honorable t~iayor and City Council through City Administrator I`RC)tvl: l'~atalie Labossiere, lnterir~ Community [development director SUBJECT: Annexa#ion 2QQ8-Q1 and Zone Change 2UQ8_p1, L©coted at 24QQ N©rth P+aci~c Highway, REC4MMENDATit3N: It is recommended that the City Council approve Annexation 2008-01 and Zone Change 2008-O1 and instruct staff to prepare an ordinance to substantiate the Council's decision. BACKGRC}UND AND DISCUSSIQN: The applicant, Jesse Lovrien, on behalf Qf Cascadia-Woodburn Self Storage 1, LLC requested that a single 0.48 acre parcel be annexed to the City at Woodburn and that it be zoned Commercial General (CG}. The subject property is zoned Commercit~l Detail by Cvtarion County and is designated Commercial on the Woodburn Comprehensive Plan lvtap. The Planning Comrr~ission held a public hearing on this proposal on July 10, 2008 and voted unanimously to recommend approval cif the applications. FINANCIAL IMPACT; This decision is anticipated to have no public sector financial impact. A~en:~ia ifen~ Review; C+±y Acirr~ir;istrr~fi (.~'' C"ity Afi+.x_eyl~'.~~. Finance Page 56 CiT~' C)F` ~'tJC}~~3LR~I, QRECf)~V C'lT'1` ~'QL=~tiCiL Staff report €~f Septentht:r 15. ?{l{}~ fir pul~lie hearing can SeptcrnE~ec• ,?, ?{l{) Ikon Dc?lef~c, ~sst~ciate 1'ls~nner <~?~ ~ 2()0~-fi11 TC' 20~~-~ 1 :~PPGI~'.i~'T: Jesse i..t~~,~rien ~~C1 Di~~isic~n Strt:et 'til Salem, (~R 9?;{)1 PRt}PERT~' fl'4~'1~EIt; C'as€:atiia-'lt'c}c}ci~urn Self°Stc~ra~€~ 1. 1.,1.C:" ?Sff C}i~ision Street'~l~ Sale~i~, C)R ~~ {)I SL~I3.IEC`"I" PRt~PERTI~': Tl3e property is 1ot;ated at 2~{f{l ~ortl~ ~'acific Hi€~hway anti t;at~ he icle~~tifieti tin 'Mari€~~i C'€~u~rty ~l'fiX assess€~r's gaps as tax it~t €}~1~~"t3~.1{)~{~{}{~, tiA"TC`1~2E C}F .~PPLIC`.~TIflti / PR(}PC}SED L SE: ~'he :€l~plicant requests that the subjet;t pr€~p~rt~ 1>e annexed tt~ tl~e C`it~ of`~~'oodhurr~ anti that it he zoz~eti C'on~mercial General {C:C;}. Table caf Cc-nten->s '~t?tii'e and Prt~c€:dure Plar~ni~~~ {`c~mr~~issuan :~eti«n .................................... ? ;~pprc~~al C'riteria ................................................................................................................................~' .~~rlt~exation ...................................................................._......,.............................................,.....,.......,, ,~t)t~in~ 'flap C.'l~an~e, C~}t~ ner Ittitiateti ............. Staff Rec;t>rm~nencitic_tns ..................................................................................................................... 1t) <~ttael~~nents anti F:xhillits .................................................................................................................. 1(t ~otic+e and Frvicedure =~pptication 5uhittect: ~ipril ' l . ?{)R .~,pplcatian Deemed. C'c~mPlete: June 1 ~. ?(}{) C:crndition of the Prt~pert}Y: The subject property is ,rc~neti C`€~znrz~ercial Retail {CR) try '4lariot~ County and. is tiesi~nated C't~tn~nerciai on the fit'€aotiburn ('€~tnprehensi~e Plan flap. The site is {}.,~ ac;rt: in art:a anti is curresitly~ de~elopeti Leith a ~at:ant l~uiltiing. Surrounding properties ~~itl~in the City are: zoned C€;inn~ercial Ueneral {CCU) anti are tiesig~lated C't~rnmert;ial can the Ct~z~~prebt:nsic e Plan flap. 'lAlze surrounding pr€,perties ~~•itl~in the City are detieloped with a self=stora~:e facility, a~~d (acrt~ss iliglt~ay 4~~1F} con9n~ercial anti industrial us€:s. The abutting property tautside tl~e Cit~° is tuned Puhli€;13y ~taric~n County and is occupied by tl~e ~JcLaren ~'t~uth Cc}rrectic~nal F'a~:ility. :~o l: C'o~~~r~iunity L)e~elc,t~rnet€t Pla~u~~z~~ ~E)t}8 ~~~~z:exat~c~t~ '~t)t) ti. P;~~ i#it: ff~c~y - {"~€~ca€iia C)e~elt~~rl~ent ( ~~'tit vtt€)~±-(~I, ~.~1 ?(it3~-t)=tl Sts~tf~ R~:p€irt C€~uncii.cl€+c Pt€~e i {_)t ~ ~; Page 57 si~;clificant trees exist tan tl~e site. ~o ~~~etfands tiler the ~~'cac~df~aurn ~c>cal ~~°etland lnuc:ntory ~~~~} or filoodpfains {per the Federal Etxter~ency ~ianaernnt Agency's Efcaud Insurance Rate '~~lzip, panel ~1047C'C}13ctC, dated January 19, ?0(1(I} exist on the site. Pu13Iic ti€~tice: Public hearing; notices ~~•er mailed to starrounding property tawtgers and the applicant can August. 2q, Ztl(18 pursuant t€a ~'I?C? ~.l(}l.ttE1.A.`?, A public hearing ncatic;e ~~:°as pasted on the prcaperty can September l 1, ?t7f3~ pursuant tca ~=1~U 4.lf~l.t1~.~. Public hearing notices v~°ere posted at L`ity I-Iall. the. t~«c>dburn public library, the t~caodburn Public t~4°`tarks ~aff`ice at 1 s~{) Ciart~eld Street, and the t'Vcacadburn Past (~ftice can September 11, 2tt0~ and ~~~ere c;canfrrracd tca remain pasted can September f ~, 200f3 pursuant to C)RS ?22.1~{~{3}. °I"hc notice caf public hearing was published in the t~4'cacadburn lndeperidenc can September 10, 2C)t~~ and c~~as scheduled to be published Septenriher 17, ?i){)~ pursuant to t~RS ???. l ~'{?{ ~ }and L1r'U(J q. I ~ l .U~.C`. Planning Cammissi©n ~~ctic~n C.3n July lt), ?t~CIB tlae y~`caodhurn Planning Cunaissican ~•cated unanitnousfy to ft~ruard the applications to the ~ ity ~"cluncil ~~•itfa a rc~cor~~znenclation ~~f apprc~t°al, A~prti~Yal Criteria ~rc~,~can 1Ze~ iced Stattates 1 ~?.?ti ~ requires the C'ty° to list all substattti~ c criteria relz~°ant to each bearing, The alalalicable criteria frcam tlac t~~ocadburn L~er~ek~pcnt t~rcfinatac:e (y~'D(~} are: 1,1 C.tRC~1tiiZATIt)ti AtiD STRLCT[`RE I . l Ct I Structure l . l t1' L7e#initicans 1.1(}3 Zcanin~; '~-tap 2,1 I~:~i~D liSE LQ~I:'ti'G ~, l () f C~eneraf Prcac~isic~ns Z. {{}b C'cammercial general {C'(~) -t.I AB~tI~tiiSTitATCCI~' AtiL} PROC;EDC`RF.,S ~.1(l 1 I3c;cisic}n 'trlaking E'rcacedre;s ~. l ()2 Revie~~•, In#erpretatican and Enforcement 5.1 APPL[C:~TI#~?~~ REQLIREi4iEl'~TS `~.1(1q Type lt~ Appfica#ion Requirements Additional sulastanti~ e criteria rc;fez~°ant tea this hearing; are: • "1'he goals and pcalicies cal#lte Li,'cacadburtt Cc»nprelaensive Plan. is C'<}znzn~zz~ity Ue~`elvp~:rtt.t'1<an??izz~`~'()C~~'<~nz~exatic>n ?4tlt) ti. f'aeifi . Elv~y - {"ascadia I)eveli>pzz~ent {.~1X't)~l5-t)1,7._.:`~ ?(1()8-t~~i} ~ ` ~'.;:~s„- ("'c,z~n~il.dcac T'a~~: ? • n Page 58 ~ ~~D(3 S,IQ~.ll _.. ~nne~atit~n z ~~nnexation proposals are sulz~ject to a ntandator;~- Pre-application Conference. The a tuonferenee shall fie conducted pursuant to Section 4.101.04> ~~'1'DC} 5.1.04.011.13.1] Prier to deeming an annexation application complete. the applicant for an annexation shall. f, participate in a mandatorF° pre-application meeting with cit~• staff. The purpose of the - meeting is to assess conformance with the Gity3s goals, polities, standards and criteria ~ regarding annexation. (V4'oodhurn Comprehensit•c Plan, page 51, Polic~° D-4-4~ Finding: ;'~ pre<ipp}icatic~n conference was held ~~°ic tTte apphcant ttl FeE~r~' ?7, ?(1(). ~.~ Cotlclusic~n: The re:eTuirc:r~-ents of t~~T~t~ 5.}{J=i.~}1,~.1 t~nci Cuprehen5i~~e Plan ~c~li~:y C3-4-~ ha~~e ~ ~ T7een met, €~ ~a ~~n application shall include a completed C'it~~ application farm, filing fee, deeds, notification ~~ area map and labels, narrati1•e staterttent regarding cvntpliance with criteria, l+~eatinn map ~i, and the following additional exhibits; ~ - 1. ~ ful1~ executed :4nnexation Petition, subrrtitted on forms proxided by' the C'itt- cif Woodburn, :~, 2. :fin accurate legal dcseription in a forr~~ certifiable h~ the State lepartrnrnt of ~_. Revenue according to ORS 308.25; -~ 3. C:o~nplete applications fctr all concurrent ~C~omprehensis~e Plan Flap arx~cndment ~~ and/or Zoning tap change requests. ~~~`DO 5,104.01 l.t { Findings: The: applicant suhn~ittecl a fc~ll~ executed annLYatican petition €~r~ ~€ 0~~t prop iclecl }~~- the. ~~ City°. ~l'T~c: applicant suhn~ittcci a deed f€>r tl~e ~ul?jc:t pr~?pert~ ti~at €0€::~Lr•it~es tii4 prc~pert~' k~~° a ~crics ~~ €~f'~`€~ur4e:s in ~~}rich the tir5t c€~rse starts i~t a point €}fT~e~;inciirrg and the final ct3uf-se ends at that 4e- paint cif heainning .. eac11 c€~urse~ hein~: dc~~ati tir;d by T~e4zrings and distances. The: applicant £. suhrr~itted an application fc~r rc?r~e chan~~e. ~x Conclusion: "Che appTicatic~n ~a°c?uld cc~cnl~}~ ~~ itlt ~?4'C)() >,1 tj-T.(l I ,C'. ,__; 9~: ;~ Findings showing compliance with applicable ~t'oc~dhurn. Comprehensive Plan goals and ~~ policies regarding annexation, with the applicant hearing responsihilih' for the burden of proof: (~~~D4 5.1O4.O1.D.l.a~ ~a :-~p}~}i€;ant's state~T~~;ttt: "The sh~jeet prc~p~:rt~~ ~-urrentl~° pr€zpc~4ccl tc~ tie: annexed i~ttc~ thy: C ity is ,~ bc~rcTered on three sides hyy the City Tin~its anti. }~rin~ing it into the C`it1- u~c~uTd resu}t in a more: ~~, compact ant} contiguous C ity hounciar~~. 'T'his ~x~c:c:ts the obje:ctir-e of ~~.nnexatic~n C:roals T3-1.~, and ~° T7-T.1~3. The aubject propert}~ currently cti~rssists c?f a vacant structure that c~nc;e se~~ed as a detaiched garal;e to a single #ami}y residence prey iousTy 1€3cate~d c~t~ tTle site. :~.z~nexing the propert~° itYto the ;~ City` ~~~€~uld a}Ic~~~ the property t€> lse fiurther clue}c>per~ in line z~=itT~ tTlc current C`G zoning: and a~~ prc~~ide an opportunity fi>r greater urban dcvcTopntent ~~ ithout significant i~npact:~ tc~- the C`ity~s a; capacif~°. This nte:ets tl~e oh~eifi~e e>f <~.~~nexafie~n Coal I)-} C` ,. ~~ The goal is to guide the shape and l;eol;raphic area of the City within the urban growth -~~ boundary so the C`it~~ limits; t.-C-c~rneneeiiity L~~:4•e}c`~pn~ent:P}annit~~ ~ttt3° r~nr~exaiic,n ~-~f7(}'~, Pas:ific H~~~~,~ - C`s~~;cadia }.)c:~-t}c~~i~~c;t~t (:~tiX ~t:}{i~-t~ t, t',~ ~tl~i~-t)~} St~ef1` t2e;~~;rt Cc3uncil.d€>c Page 59 Pr}`~e €>f~ I i) r...___- „,_...... ~ _~. Define a compact service area for the Cite; B. Reflect a cohesive land area that is all contained rr~ithin the Cite; and C. 1'ravide the opportunit~° far growth in keeping with the City's ~;t~als and capacity to serr°e urban development. (1~'oodburn Comprehensive Plan, page S0, Goal D-~ l~ itaclira~;s: The proposed annexation consists of a single t1.~;3 acre property b~~uncied on three skies ~, by the City limits, ~`onclusic~ns: The proposed annexation ~,vould lie a compact serr°ice area for the City, would reflect x a cohesic-eland area, u°c~ulti provide an opportur2ity for gro~~t, and would be in kcepin,g rti~ith the City's foals artd capacity tc> serve urbaia der°elopment. The presposcd annexation would meet the ~t, recluircmr;nts c~fC'c~prehr~nsi~:°e: Plan Gr?al L)-l, ~~ The goal is to clearly establish the intent of each proposed expansion of the Cite; to assess the ~-s proposal's confornr~ance with the C'it{-'s plans and facilit}~ capacitj° and to assess its impact on ~ ~ the comrt~unity prior to deernirti; an annexation application complete. (4~4`oodburn ~~ C'omprehensive Plan, page 50, Goal D-~~ ~- Findings: The applicant clearly c:stablis~:d tlae intent of each proposed expansion as being t<> ~x expand the existing self=storage facility c,ra abutting property, Sta#t'assessed the proposal's ~~ cont~~rmance with the City`s plans anci facility ~;apacity a~ad its impact on thy: ccjrnrnutait}° prior tc~ €= c~eenain~ an annexation applicati~~n complete. a~ C'c~nclusion: Tlae proposed anne~xatc~n ~c~ulci meet tlae rc~tluirc~are~ats of Cc~rnpreherasitYe flan Goal d , I:}-?. ~~ The goal is achieve greater utilization of land within the Cite b~: ~t a. incorporating all of the territory within the City limits that grill he of benefit to the ~~, City into the City°. b. Providing the opportunity for the urban in-fill of vacant and under utilized ~~ property that is currentl~r unincorporated and surrounded by the City°. r~3 c. Fostering an efficient pattern of urban der°eloptnent in the City, maximizing the ~~; use of existing Cijtr° facilities and services, and balancing the casts of City services =j among all henefitted residents and develvprnent by incorporating all territory into z~ the City limits that will be of benefit. ~~'oodburn Comprehensive Plan, page S0, _ ., Goal D-3~ ~~ Findings: Tlae proposed annexatit~n consists of'a single prt3pc~z-ty hounded on three skies by the f ity „ limits. 'T"h€~ abutti€~g property to the south is in cc~rnz«n c~u=nership and is det-elc~ped c~°ith a self= ~!~ storage lac;ility. The owner has indi~:ated that the subject property rr~c~uld be used tc> expand the self= Storage facility. ~~ L:'onclusions: lnclusic~n cif the subject property in the C:`ity would he oi~iienefit tc~ the City and u°c~uid _~ fi?ster an efficient pattern of urban dercl~~pment in the City. The proposed a~rnexatic»r 1v«uld meet +:z the recluircments of'Comprchetasivc. Phan Goal C)-3. ~~ -~s ~~ "1'he Baal is to use annexation as a tool to guide. as a> ~`he direction, shape and pattern caf urban development; I: ~C~~€nra~unity L7~~cl~jp~~3cr~t-Planzlir~~'tlt~~ r~~~~ze~.ati~~ta.?~€)t) ?ti. Pacific t-iu~y - C'asc~dia Deg°e;lt;p~nenf (,:~'ti:~ '(l€~8-tl I. 1,1 ?t~fl~-(.~4) Staff' Keport C`c~uncil.ci~~c I'a~e ~ -=•=~Y Page 60 s h. smooth transitions in the ph~~sical identity and the development pattern of the _ community; and c. The efficient use and extension. crf C;it~r facilities and sere°ices. ~V4'oodiinrn Cc,mprehensiti°e Plan, pages 5{)-SI, C;oal D-~) Findings: `l~he sulaject property is d~si~nate~l Co€ntr€ercial in the :urrent Co€nprehensi~•~; flan. The L€l~utting property tc? the south is in ~:~~)tazon c7~~•n~rship ~€r€d is de~~elop~:d ~ti°ith a self=storage facility. 'ITI~e oc~"n~~r has indicated that the subject property u{ald he u;;c~d to expand if)e self=storage facility. C'c~nclusions: The proposed anne~:ation ~~~ould extend the cle~"eJc~pment ~s€ttern c)fthe e;c~rn€unit~, ., and e~°ould proti•ide fir efficient use; and. extensic+n of°~'ity facilities <€nd scr~"ices. The propc>4ed ~E; annc:xatic~n u~~c~uld meet tl~e require€-n~:nts of'C`«€npr~:hensive Plan Goal D-~. ~~ ~? The l;oals is to balance residential development with public facilities and services and ~~ith ~a ether types of land use in order to aIIQ~~ the communih" tc~ maintain its equilibrium as it ~s assimilates growth. (6~'oodburn f`ramprehensive Plan, page ~I, C;oal D-~] ~~ Findings: `l°lae subject prr~perty is C).~f~ acre in size and is designated C'on~mercial in the current . t."c~€-nprcensi~ c Plan. The. abttir€g pr~~perty to tl)e sc~utl€ is in cc~n~~x€on c~u~°nership and is de~~el~}p~:d ~ ~c•itlt a self storage facility. The c)u n~;r has indicat~;cl il~~€t the sul~je4t Prc~l~crt~Y ~c-nuld he used t~-+ ~_~ expa€~d the s€;If=storage facility". ::~ C'c)nclusion: "l~-€e proposed annexati~~n ~~ ould he r~:lat i ~ ~:ly small ~u~d ~l ould nc}t upset tl-€e ~~ residc~tial. cc~m€~~€crcial e:cuilil~rium €rf tf~e C~itz. The prc>pc~scd 4€€a€~exatic€r~ ~vc3uld n~e~:t thy: ~~ rec{uire~€nents of C;c~nlpr~:hensi~•e Plan C~c~z€l D-.+. ,~ ~:~ ,~nnesation policies are extremely° important fcsr the C'it}~. ~'~`hile it is important that enough a~ land is a~°ailal~le to allo~~ fc-r cl~c~iee ire tlae market place it is also essential to present t€~o much land being included in the city limits as this leads to inefficient, sprawling development, ,~ (~~~oodburn Comprehensive Plan, page ~I, Policy D-1-I] ~_~ 1°indings: Tl~e suhjec:t prc~p~;rty is ().=f~ acrd: in size and is designated C`v€~€€ne;rcial in the curry:€tt ~~= C;o€nprehcnsi~e. Plan. "l"he ahutti€zg prc)pcrty to the south i:~ in cony€t~on c~~~•nersllip artd is developed ~~~itl) a self=storage tac:ilit~°. Tl~e ~~~~-nc~r hay; inciicate~i that. the suh~ect Property ~°c~uld fae used t~) ?~ expand the. self-storage facility. i_= C'onclusic~ns; The proposed annexation a~~°c?uld lie relati~.ely small, u~~c~ulci expand an existing :-€ c:on~pact land use, and ~~oulcl not lead to ineffici~:nt, spra~~~ling development, The proposed ar€nexatic}n ~~c?uld meet the retluiretnenis cif ~'c?mprchensi~ e Pla€~ Policy D- 7 -1. ?~3 ~~ Prior to the approval of Site Plane Subdivision or Planned L`nit Developments for land ~} annexed to the City west of Interstate 5, a detailed Transportation Impact Study with Ctregon +~ lacpartment of Transportation inc~olvement v~ ill be required.. ~~ A notification. period of 45 days will lac provided the Department of Transportation to ~~ respond to the before mentioned proposal prior to final ~;it~~ actian. t: (;one€7~unit~ I~ev~I~.~t~n~e€u_F'lan~li~~~~'fit)~i~~~nncx~~ti«n ~'-ttlf) ~. Pa~;itic fl~~~ - C-a;~~;adia De~~:(~Spn7~€u {r1ti X ?(:i{)~-()1, 1':~ ?t3C)~-C)=tl ,~t~€f' ~z~>rt C'~€zr~i:il.~tc~e i'.~`ze ~ cif IO Page 61 ~ The City shall insure that may necessar~° impravements to 1-5 ar State Hih~v°ay 21~ required .. b~, the development of such lands are pravided far priar to the issuance of building permits, ? It is reeagnized that the Department cif Transpartatian and City will F~°arl: with devels~pers in a transportation issues, Further, the Department of 'ranspartation may not be able to fund ~ such improvements, €~ It is also understood by the affected parties that the proposed 1t10 acre Light Industrial site south of Highway 214 will be issued na mare than two access permits to highway 214. One of x these will be at 1~LP. 36.2396 (W'aadland avenue between ~i.P, 3G.46C~89), (N~'aadburn <~ Comprehensive Plan, page Sl, Pdlicti° D-2-2~ ;~, Finding; The subject prc~pert~° is located approximately ?.3 males cast cif Interstate ~. ~ ~ C't~nelusion: Copre~henivt< Plan I'c~licy D-?-? d€~es nc~t apply to the instant case. z~ ~ .; Ma The C it~° of 1~'4'aodburn shall actively manage the location, timing, ~`pe and. amount of land ~~ added to the City, V4'acrdburn Comprehensive Plan, page S, Palic~° D-3-3] u, Findings: The instant case allc~u-s tl~e C'it~~ t€~ c:c>t~trc~l the aciclitic~n cif Ianc1 tc~ the; (~'t~=. ~w C'onclusion: °The instant case ~~c~uld n~ect the rerquirente:nts ufCc~mpreyhensi~e Plan Policy D_3-3. tai ~~~ A complete annexation petitionlapplicatian shalt be required to include; ,~ ~ a. t~tl the territory that will be enslaved by the petition, car _a. b. Document the Zack of consent by the enslaved property owners or ny the resident T_ el+ectars necessary to include the enclave{s} as part of the consent annexation ~:€ application. (~'4'c~odburn Comprehensive flan, page 52, Policy D-~-~~ <> Fin€iittgs; The antiexatic~n petiti€~n is t~~r a single prc3prty. ~~ C`onclusi€~n: Tl~e annexation pe:titic~n would meet the rcciuir€;tment €~f Cc?mprerhet~si~°e flan Policy D- -~ paragraph a. ~~ ~E, ~F; .~nnexatian applications that do not conform with the annexation criteria and standards may i be considered b}~ the Planning Commission, after a public hearing, for an exception, The _- Comtnssian may grant an exception based on findings of special circumstances and of _, substantial canfarmance with the criteria and standards based an mitigating measures. The ~~ City Council may review the Commission's action. ('W'oadburn Comprehensive Plan, page 52, _ .. Policy D_6-fib 3~~ Findings: Tlzc annexation petition appears to e:onfcrtn to tl~e annexation criteria and standards. ~, C'€~nclusic~n: C'on~prehensi~~c: Plan Policy D-(i-<.~ does not apply tee tfse instant case. ~~, ~€t~ Territor}~ to be annexed at 1. Shall be contiguous to the City of Woodburn; and ~€r 2. Shall either; :~ a} Link to master plan public facilities with adequate capacity to serve development t:`Cofx~ntunit~ De~~elopment Plan~iin~.2t}t~~':lnntyxatian.?~()() ti. 3'acitic ltwy - C'ascadia De~elc~pniec~t t.~'~tiX ~tl(}~-(} I.11 ~'t}t)~-t}~) ~ ~f~f Rep«rt C €?uncil.doc Page 62 t'a~e .~•,t~ ~ of the uses and densities indicated by the }'~`oodburn Comprehensive Plan; or b} Guarantee the facility linkages with adequate eapaeih, financed by the applicant, a Findings: "T`l~c sulajcct property alauts tl~t Cit~° limits along its cast, south, and ~cst sides, The suhjelt property frvccts can Pacific High~.~~ay ~-~t~l~. The ~~~atcr sy~tcm trap shc~~~~s ~~:~ ~-inch ductile ~, iron pipe alr~n~; tl~e I-iig~~'a~ ~£?E fi~c~r~ta~;e. Tl~e E'uE~1ic V4'c~riti:s I)ep.~rtn~ci~t r~pi~t-ts tf~at tic s~:u ~;r s~ stern in the area has, adc€luatc capacity tea accocn~r~odatc the ~uk~~ect propcrty° - but does nc~t hay c a lateral alattng the prc~pert}~. The abutting propcrty° tc~ the soc.tt is in c:otnr~aon o~.nership and is con:~ected to tl~e City se~vcr through a private collection system. The drainage s•stecn n-~ap shc~«~s ~t1 :~n existing; storr~z drain al~~ng the I-f i~;h~=ay 9c)E frontage. The applicant M=ould be respransilale f~~r ~ z the extcnsic~n c~fpuhlic facilities tc? scrti~c tl~c property` ifat~nexc€i into the City lirtaits. ~~ Cc?nclusic~~~: The prep{ascd annexation ~~~c~uld meet: tl~c criteria c~f'~~'I)tJ ~.If)-f.t~f .D.I.t~. ,~ ~~ ~~ :annexations shall show a demonstrated community need for additional territary~ and ~~ development based an the fallowing considerations: ,., Z) I.,ands designated far conimercial< industrial and other uses should demonstrate substantial conformance to: h} and either f} or ~), as stated helo~s: ;~? a} Infill, The tcrritory~ to be annexed should be contiguous to the Cih° on two or ~, mare sides, _. b} Residential Buildable Land Inventory. The territory to be annexed should not __ increase the inventory of buildable land designated on the Comprehensive Plan as Loss- car high Densit;~ Residential r~ithin the C'it~- to more than a ~-rear supply°°; ~~ c) Street Connecti~~itt•. It is feasible for development of the site to either: a~ 1) Corx-plete ar exter3d the arteriallcollertor street pattern as depicted on the _rs ~~`oodburn Transportation System Plan; or _ {Z) Canned existing stub streets, ar other discontinuous streets. Frith another ?x public street. ~~ d) Communit`- :tieed. The proposed devclogment in the area to be annexed fulfills a ?_~ substantial unmet camrnunih` need, that has been identified by the City Council after a public hearing, I?xamples of community needs include park space and ?Y conservation of significant natural or historic resources. -- e) Reinforcement of Public Investment, The territory proposed for annexation E-~ should reflect the City;s goals for directing; grarrth by- using public facilit}- ;~ cagacit}° that has been funded by the C:ity*s capital improvement grogram; 7~ f} Local l~ployment. °I"he proposed use of the territory- to be annexed shall be far industrial or other uses providing employment opportunities; ~ti g) Reasonable Facility' and Service tieeds. The progosckd industrial ar commercial ~~, use of the territory- does not require the expansion of infrastructure, additional. -~+f serrTice cagacity< or incentives that are in excess of the costs normally barns by ~~ the community far derelogment; -~~ h) Economic Llir•ersificatian. The proposed industrial or commercial use of the ~s territory provides an economic opportunit~° far the City to diversify its economy. t: ~(~'on~r~ur~ity t~evctF}psncnt-Pl~~~tncz~~~ ~'tt~~ :"1t~t~~~~<~tic~n ?~(.)C) ~. t'~citi~ t~trr'y - C~csc~cdia I~cvcl~>pment (:•~tiX '0{)~-O1, I3~ tot);-o=t) .~talf~ tt~:ps:~r€ Co~za~~:il.cic~c Pa e 63 I'a~4e «f~ lit 9 ~ :applicant's stateri~t;nt: "The sulaj~;ct property ~°c~uld ncjt reciuire anv e~~;ess cc~~t~ tc~ the ~:c~inrnranity. ~t the time that the site develops public services will be installed in accordance u~°ith a buil~n~ perrtlit application, and paid. ft~r by the developer. System De~-elopment Charges shall also be paid :~ fir by the developer at the time ~~f building permit application to help ofiset an}' impacts tc3 the public infrastructure. The size of the site is srtaall enough that there ~~•ould not be any cast impacts tc3 the cc}rnunity abc~~e ar~d l~e~c}nci this. 'l~s aclciresses itrym ). The subject property is currently atr under utilized vacant accessory structure. Bringing this parcel into the City limits would unlock. significant economic potential to the Cit}°. Beim in the City « limits allows the site to be utilized to its fullest extent as eoznmercial use along a prime business ,r, corridtar. This would also tillow the potential to bring full services to the site allowing greater ~ i flexibility anti opportunity for cc~mrxaercial development. This addresses item hl." ~z E`indings; The applicant pri~poses to use the subject property to expand an existing self-storage ~ facility. The subject property alauts Pacific k-lighu-a~- ~~4~. Self-st~~ragc facilities ser~~e cc~rnmercal ~~ as well. as indi~°idu~l clients. ~~ Conclusion: Expansion of the existing self-storage facility would prol~ide additional employment ~fi opportunities in the City. The proposed expanded self-storage facility would not recluirr~ the ~ ~ expansion of infrastructure or aciciitic}nal s;rvice capacity. ~n expanded self=storage facility would :x support the. economic dive:rsifieatirrn cif the Cite. The proposed ar~ncxatic~n would meet the criteria ~~E r~faa'Ct~ 5.1(14.(}l.i~.l.c:. ~f) ~~ ~~ ~'~n annexation may be initiated by petition based ern the written consent of: ~~ a. The owners of mare than half of the territory proposed fvr annexation and mare than r~ half of the resident electors within the territory proposed to be annexed; or ~< b. One hundred percent of the o~°ners and fifty percent of the electors within the ~. territor~° proposed to be annexed; or c. .1 lesser number of property o~ Hers, («`DQ 5,1(}~.#l l.l?.l ~ x Findings: The petition ~~~as signed by tl~e prc~pert~ t~ivner. ~l`c subject prt~perty is nt~t inhabited. dx4s Ccgnclusi~n: The ac~nexation pe;titic~n satisfies the: cc>rtditi{ins of4~-DC) ~±,i(~)=i.f)1.E.1.a and l~, of 1 ~~ ... 5 1Q~.0~ Zoning ~iap C'han~e, Qwner initiated ~; ?a :fin application shall include a completed C`it~° application form, filing fee, deeds, notification _, area map and labels, ~Yritten narrative statement regarding compliance with criteria, location ~~ map and the following additional exhibit. 1. Transportation Impact analysis {Tip}, as applicable. The application shall be ~~ reti•icwed to determine whether it significantly affects a transportation faciliti°. in ;~ accordance with Oregtrn administrative Rule (C):~R} b6l1-(112-0(}60. if the reti•ie~° .~_, indicates that a transportation facility could be significantly affected, a TIA may be ~~ required. Significant means the pr+npnsal would: a~ a. Change the functional classification of an existing; or planned transportation ~_ facility. This would occur, for example, when a proposal causes future traffic tg :r.r exceed the capacit~~ of "collector" strut classification, requiring a change in the I~ t'v~~~n7urtit~ I7e~clo[~n~cnt P[anniszg _'!}tip =~r~ncxatic~n:~=tC~() ti. Pacific Efc~~. - C'~~sc;adia f~3tvelc~pment {:~':~t'_(~fjS_t}l, L.a ~C}f)~_t)=t} staff tt~:pc~rt C°«t~t~~:il.df~c Page ,,,-,~, Page 64 ~ ctassifcation to art "arteriat" street, as identified b~ the Transportation Svsterrt Ptah, or tr. Chani;e the standards irnplennentin~ a functional ctassification st~ste; or c, :111ow• types or levels of land use that would result in le~°ets of fret°el or access that are inconsistent with the functional classification of a transportation facitit~°> ar fi d. Reduce the level of service of the facility below the minimum acceptable level identified in the Transportation System Plan. [~'4'I)t~ 5,I04,(}~t.B ~ Findinis: Tl~e applicant's submittal i€iel€.€ded a completed City application fonr€, tiling fees c3c~•tifi. F; €~otificatio area €r€ap ar€d labels, ~rittet~ narrati~•e statement reardi€€~ compliance tvitlr criteria, and. ~~, location €r€ap, The suhjc;ct prc?pcrty abuts F'ac~ifie; Ili~;h~~ay ~)9F. Pacific: Hi~h~~ay ~)~~ is ~ ~ elesi~nated as a ~laje3r Arterial in the Transp€~rtation Syste€r€ Pla€}. Tl~c proposed. annc~atie~n ~~•old ~~ not change the #nLtic€naI ~;lassificati~€€~ c~i`a cxistin gar plan€~eri transPc~rtatic~n facility., c;hat~~~; tl€e standards implementing a functional classi#ic.ation syste;nl, allow types car le~Yels of land use that ~~ ~~'c~ulcl result in le~~els of travel car access that are: inconsistent ~~°th the functional classificatic~€~ cif a ~ ~ transportation facility', or reduce the lee°el i~f ser~-ice r~#°tl~e facility ~i~Ic~~~• the r€linin~u ac~;cptable ~~ level identified in the Transpc~rtatic~€~ System Ilan. i~ C`c}nclusio€~:tic? .l`ranspc~rtatic~r€ Impact ~^~nalysis i4 retluired for the instant case. The: application ~~ ~~ould n~ect tl~e re;quiretr€~:nts oI`~'4'l~)(~ ~.I{l~.{1~.F3, St T'he applicant shalt hear the respc-itsibitity for the burden of proof, 1. Evidence prop°in a need for the proposed use and the other permitted uses tivithin the ~_ proposed coning desi~;natic~n> [V4't}~ S.1E14>#)4,f`~ d~ Fi€rclit;s: The alit€tti~ l~r~~pe:rt~• t~~ the: ~~~€~tlg i~ ire cs~n~xn~~€~ ~~~,,~r€~;r~;t~l~ x€~cI i~ cie~~elc~p;cl ~.~~itl~ ~t. ~clf= ~~ ~t~arage tactility. `l°l~e r~~~°~~er sip; it~ciicate:d tl~t~€t tl~c 4uhject prc~pc:rt} ~~~c>e€1~3 he usccl tt~ e~xpanci the:~ei#'- ;~ - st€ar~;c l-acilit~ , ~~ (`c}neIusic~n; Tl~e prt3pc?accl zE:ant, c~~sar~~?~~ ~ti~~ulii n~ce€ the rcclu~re~n~c~t~ c~f~l~4'T7€"J ~.l{)~,t~)~.~:,1. ? f3 Ott :_~ `The applicant shalt bear the reponsibitity° far the burden of proof .., . - 2. Evidence that the subject property best ritcets the need relati~°e to ether properties in the existing developable land inti~entory atread~• designated with the same zone eaa considering site, location, configuration, ~°isibilih~ and other significant attributes of the subject property, [t~`D€~ 5.1~4,()~.C'j _~~ Findinl;s: Tl~e subject property is l~ounde:d on three sides b~ tl€e Cif} limits. °I'he abutting propt~rty :>~ tej the soe€th is i€t com€non our°€~€:rshp a€~tl is cie:vcl€~pe;ci ~-tl€ a sc;lf-s~tc~ra~e 1ac:ility. the c~~.~r€er ha4 _~ indicated that the 4e€hject property would be used to ~;x~sa€~ci tl~e self-stc~ra~L facility, <; C'it+nclusio€t; The proposed zone trhan~e `~~c~uld n~et;t the reeluiretts of` ~'4'I:~t7 ~.1()~.{)~.C'.?. ~~~ ~~ ~? The applicant shall bear the responsibility for the burden €if prc€of, .., -~~ 3, :~inendments to the comprehensive plan, 7aninl; snap anal land use standards which »~ significanth~ affect a transportation facitih' shalt assure that atlowed tend uses are I: ,C'«~€~rt~us~ty t~LF~elopnt~ni'f'Iannin~~`'r)tj'~:.~nne~~it~~n ?~C3{j'.~. F'acitic; 4-I~~y - C. ~~c,~dia I~et4~o~~ntt:ni (>'~tiX?t~{)~-{}I, IA?t~()~s-{~-t}:Sttilt R~~t~c~f-t C~~u~~~il.dc~s~:Page 65 1'~~<=c ~) ~~f 1 {} consistent with the function, eapacit~, and le~~el of service of the facility identified in the Transportation system Pron. This shall be accomplished b~~ one of the following: a, Limiting allowed land uses to be consistent •vith the planned function of the transportation facility, or h. emending the Transportation System Plan to ensure that existing, improved, or f; ntew transportation facilities are adequate to support the proposed land uses -~ consistent with the requirement of the Transportation Planning Rule; ors c. :filtering land use desil;rtations densities, or design requirements to reduce ~ demand for automobile travel and meet travel needs through other modes of OFF transportation. ~~'pfJ S.IQ~#.O~.C ~ ~ Findings: The subject przaperty abuts Pacific Highu~a~~ 991:. Pacific Highway ~9 is designated as ~ ` a L3ajc~r arterial in the Transpc~rtatic~n S~-ste;nrt Plan. The pr~aperty is designated C'c~mmercial in the s: C'c~mprel~ensi~~e flan '~~ap. ~~ C«nclusic~ns: The prc~pc~4ed zc~nc el~ange ~c~uld allc~~v land uses that are. consistent ~~,fith the planned ~ ~ function cif Pacific Highvs~a~~ 99E, The prop~?sed artnexati«r~ ~vc3uld meet the rcquiretnets of Vl='DC~ ~ ~ ~,1 t~~.tJ4.C'.3. ~;° ~~~ Upon approval, a zone change shall be delineated on the official. zoning Wrap by the ~£~ Communit~° Development Director. F~ zone change subject to specific conditions shall be z ~ annotated on the official zoning map to indicate that such conditions are attached to the designation. (~V DO 5,1(14.0~.i)~ .._ Finding: The propcjsed zone: change is nut pr~?po~;ed tc~ he subject to 4pccific cc~ndition~. ~~ t:'c~nclusion. Cu~npliancc ~~~ith ~4'I~C~ ~. I (I~.tI~.I~ is tl~e responsil~ility~ cif the t'or~~tnunit~° ~. I:~e~ clr~ptnent Director, nc~t the applicant, ~~ ~~ ~t~ff Recornmend~tions 5<, ~~:- The Planning I)i~~isi~~n r~;coznn~ends apprc±~al «l c:4tses ~'ti~ Zf}t)f~-C}I and ZC`'t)~J~-1}l. ~~ attachments P~ttachment ":A" 5~ ~~ttachment `•Bn ?- Attachment "C" x attachment "D" 3~ Attachment `'E" Zoning 'Vla ~`ot~aprehensi~~e Plan'~lap V4'c}odburn "I'ransportatiun S~~stenl Plan, Figure ?-l r'~pplicant's narratii~e Planning C~}mi~sit~n'~ Final. 4rcier I:`:C'<?cnunit~.~ I)eve.Ic~pn~ettt`:Planning;."?~)C}~`:,~rtt~4xatic~n ~~C~() :ti, i'acifi: H~~1 - C"ascadia De~elc~pr~~e~ii t:~ti;Y ?(}tl~-() l , ZA ?(}{")~i-t)=tl ,tat`' `?~~~t}rt ('€~~ncil.ctc-~cPage 66 Page 1 Attachment "A" / J' j l' IP Chu#side the City ~: ,~ ~ -- ~` `~ ~:_ .%~~; IP . Subject property Urban Growth Boundary ~~ 13 T ~ ~~ Zoning (~Iap I /'City'limits ~ i -- Highway 211 Page 67 attachment "-3" CamPrehensi~•e Plan Mai Page 68 ,4ttachment "C"" - -..., .~ .. ~ ~ ,~ `. •' ~. • ,: ~.: ~' ~ - ~~' ~~ •~ i •. ~ i~ i • ~ 1 .. . -.~ I' ` . .f... y.~' 7 '' i 'Z ~ - •~-er.Y ~.lw-.mss-r-. ~r .. ~'M~~a~~w-~.r.. ,.--,~-~ ~- ~ ~.• - _- . - •: - ~ ~ -_ ~^ i ; ~_ - I Legend Existing Fatitity ^is Freeway i~ Ma}or Artenal Minor Arterial - - Service Collector - -- Access Street Proposed New FaciEity • ~ ~~ Minor Artena) ~••~• Service CalleCtar •- • - Access Street Railroad HEStoric Settlem~er Transportation Corridor Urban Growth Boundary Proposed Urban Growth Boundary Q 2, SOQ ° I ! Feet Figure 7-1 Functional Classification Designations City of Woodburn TSP Page 69 ~'>lt~ of 'oodburln t'~nrtexatian Criteria ?404 Pacific Hwy , n, ~~~~~~~~~ e_ ~. r ~,, ;~~ : ~~~ - 3~5~c t ~~~r, a, ,F`indings shv~t=ing cc~»rptiance with etpplicable ~-o~tdburn C'c~mprc'hcnsii•c= Plan goals and policies regarding annexatian> with the applicant hearing respc~rzsibiliry Jnr the hurdert «f pram: Response; ~l`he Annexation Coals and l'glicies arc addressed as follows: Anenzaticn Gnat L?-1 The goal is to guide the shape and geographic area af'the C:'ity within the urban growth boundary so the ~'ity limits: A. f~e~ne a compact service area far the C.'ity; B. Reflect a cohesive land area that is alt contained within the C"ity; and Response: The subject property currently proposed tca ~ annexed into the City is board~`red on three sides by the City limits and bringing it into the City would result in a mare compact and contiguous City boundary. This meets the objective of Annexation Goals D-1. h and l~- l .B C'. Provide the c~pportunit}~, for growth ire keeping with the City's gcac~Is and capaeit~= to serve urban development, Respoase. The subject property currently consists oaf a ~=aeant structure that once scrvc;d as a detached garage to :~ single family residence previously lc~catecl can fire site. Annexing the property into the City would allow the: property to be further developed in line with the current CG zc3ning and provide an opportunity fear greater urban development with out significant impacts tc- the City's capacity. 'T`his meets the objective of Annexation C'~oal l~-l .C ~nenxatir~n Coal 17-~ The goal is tv dearly establish the intent caf each prc~pc~sed expansiran of the C•ity,• to assess the proposal `s cvnfvrmanee with the C°ity's plans and facility capacity and to assess its impact on the crammunity prior tr.~ deeming and Unnexatr""can cc~rrzplete. Response: This Annexation Application is intended to clearly establish that caur intention is tsa bring the subject prcaperty intca the City limits to Further expand the ~eti•eloprnent ®pportunities on the site. This applicatican is alsn intended tea prcati•ie the City with an cappc~rtuzaity to assess the propcasal's ccanformance and impact. "1"his meets the nhjectitie caf ~~zanrxation final €~-'. :4nen_xation Goal fl-3 The goal is try achiet>e greater utilization af~land x ithin the C'it}~ hy~. Page 70 ~~~ ~'_' ~ ~" u 6. 7erritvey tra be annexed ~~ :,'=~j~~~~ ... ~.., .~. e.[1'S~ l~ shall be ccanti~ucaur tca the t;"ity of t~+raoclburn; and ttesprrnse: ~I`he sub~c.ct prop~:rty abuts City €~f V~`'c~~adbt~ ci€~ litni€s on €rc:c sides. ~~ .Shelf either: u~ ,Ling tcx rttctster plum pulxlic fuc•ilities with uclerlttute capacity to ~~c=rue ~iev~lcapent c~~ttre uses uncl ~lensities° inriieuted fey the ~~"~odburn C'rxrrtpreh~rtsi3=~ Flan; ur lxj guarantee the facility linltrr~es with adequate ccrpacity~, financed by the applicant. Response: The current rase of the subject site consisting of only art accessory structure dc~s riot have the need for any public services, ~t the tithe that the site deg°elcrgs public; services will. ~ instalieci in acccardce ~~ith a builditt ~tTnit application. e. .~nnezatirxns shall shave a demcanstruted corrrmunity need for aclr~itionul territory oral de~elQpenent bused orr the fcxllowing considerations. l ~ L rrrtcls designated fcar residential and cramm~nity uses ,sftould demonstrate substantial cranforanc e t: a~, bt, urrd~ and at least carte o~'cJ. ~~, car et. us stated below; artd . 2~ I.~nds desigrtateclfor ccammereial, industrial and ether uses should clernarrstrale substantial conformance to: c}raj uncl either g) yr hj, czs stt~ted below: crl fn~ll. ~`he territory to he annexed should be ccantigutaus tcx the ~'ity can tzvo cxr mcxre sides; h~ Residential Buildable ,Land lnuentcary, The territory to be annexed s"houlrl net irt~reuse t insientcxt~y cxf buildable lunr~ desi~rtutecl rxn the ~:cxmprehensiue Plan as Lo»= rar High l.~ensitj:° Residential within the ~Ti~, tca more than a .~-~=e°~zr strppl~; ~} ,Street C'rxnnectivit°t°. It i,s,fc~crsible_fcxr dc>~•c~lopment oJ•thc site to c ith~; r: Page 71 t~ (i~ C'r~mplete yr extend cif the arterirxlr'cvllectc~r street pattern ~~ =~ ,'~'~ r,~.s depirtecl on the Yt'c~~lburn 1'ransportuti€rn System Phan; car ``~sQt38t;~t ~..i~r '~ -`~' L~-.~-'u6~~ .:'~~' ~. {iii ~'onnect existing stub streets, ~~r ether discontinuous streets, ~ ith ~xnother public street. clj Community "4eed, Tile propased developneent r'n the area tca he annexed fulfills a substantial unmet cummunityt need, th~rt has het.3n identified by the City Council after a public hearing: Erramples of c~~mmunity needs include park space crncl cranservutivn rxf significant natural or historic resources. e) Reinforcerrrent of Public Investment, The territory prr~puserl,fr~r annexation should reflect tiee t'ity's goals for directing growth by using of pt~t~lir facility capacity that has been furrc~ed by the C`fty`s capital improvement program; ~ ,Local Employment. The proposed use o~'the territory to be annexed shad be fc~r industrial or other uses providing employment opportunities; ~} Reasonable P`c~cility crrut Service f'~~eeds, The proposed industrial or corrrmercial use of the territory doer not require the expansion ~r~infrastructure, additional service capacity, r~r incentives that are in excess of the costs narrnally horn by the cc,mrr:unity for devcsloprr2ent,° h,~ L:cano»tic I)iversificatiran. 7`he prop+~serl industrial car commercial use of the territory provides un ecnnomic opportunity fcrr the C,'ity to diversify its economy, Respotese. The subject. Prnl~y currently (rants Pacific Highway. "I°he size cif the property is limited and would nat suppart ara extension of any arteriaitcolleetar street pattern. At the time that the site dewlaps access to tl~e site shall be directly from Pacific Highway, The arteriallcalleetc~r street pattern is complete in the area. This address item c~(j). The suk~ject pragerty a=auld cat recfuire any excess casts to the ec~rnmunit}~. At the time that the site develops public services will be installed in accordance with a buildzn~ permit application, grid paid for by the developer. System Development Charles shall. also tse paid fr~r by the developer at the time caf building permit application m help offset any impacts tc~ the public infrast~ructurc. The size cif the site is small encaugh that there would not be any cost impacts to the community ab~~~c and hey=srzd this.. ~l~his address~:s item g). Page 72 The subject property ~~ currently an under utilized vacant accessary structure. Bringing this parcel into the City limits would unloclt significant ecc~nc~mic potential to the City. Being in the City limits allows the site to l~: utilized w its fullest extent as commercial use along a prime business corridor. This would also allow the potential tc~ bring full sen=°ces to the site allowing greater flexibility and oppartt.~nity for commercial €level~pment. This addresses item h}- ~~~ ~ a 6 `. ~YA{I~yyI.~/AI./{~)Q~ ~1~~Rjj~*°•{A.~•f~f~'ppu~711 4~ ~1RT 3nte+Kr~~{f~ V~~f. Page 73 ~'~ 7HE P!„~'~'tiI'~C~ C'~}~1t~lIS~lCIti ClF 1~'4OQL#B~ Rt,t)REt~;t):~ .~~ ~ t 2 ~t}8-C) t C 2t#{1~,0 i } Ftti~i. CIRHER } ~~'NEFZE~S..Icsse. Lc,~ri~n Ern hel€alf «f C'ascaclia-V4'c~c~c}t~urn Self Stc~ra~c I, I~LC', rcyuc°stcd that ih~: prc>pcrt~ at ?4tl{l '.tivrih Pacific; Hi~;lt~r~~a}= fid~:r€tificxd r€€~ 1~9ariun C`uunty Tax :~-ssessc€r's Maps as tax Ic~t ()> 1 t~'(l~~(~:~ I(}t~) be annexed tc~ the City c€t` 1~~%cx~dburn and that it h€: ~+~ned Cc~€r€n~€erc.ia( Gc:nc;ral {CGl and; ~t~`I~EREAS, the J'lanninf; C'orn€nissic?n re4~ic~~~ed the rz€atter at their rneetin of ,July I C}, ?Qf18 and; t~'HEREAS, the Planning Cc~missic~n cc~nsiclercd tl7e ~`ritten and oral testimony presented by staff; the afaptic;ant, and ether inic;rest~:d pt;rsc~ns, and; '4'4`~#EREk~'~. t(~e Planning: C'c-€m€n€ssiun clc~s~d the l~eariz~~, :zrscl; i~~`HERE~S, the Pla€t€ung; C€~rn€x€issic~€~ mc~~°~:~1 to appco~,e case nu€nhers :'~'~:~. ?0{:t8-(~1 a€~d /C` 't)()~,-~l and instructed stafftc€ prepare fin~lins and cc~nclusic}s, tiCIL~~. THEEZEF'C?RE, 1'f IS HF~2lB~` C3R[}El2E~ 81' THE Ct)~I'4IIS~It~ti: "l~l~e [3lant~in~. {~'{~rt~t~-€€sic,n apprc7a e~ ~;:~se €€u€€al3c;rs :~:ti ~ ?(~{}~-(} 1 a€~d Ltw' ?ttt)~-t) i hascci i'sn tl~c fitxifi€~~s and ~:~snc;rusic€ns cc~ntai€~cr3 €n f::xhibit "~~". ~~,hich ate att;zef~cd kterc:t€~ ar€d ~i~ rcferenc;c: iz~cc~rpf~rs.€ted l~ec-ei€~ and ~ hicl~ the Planning; C~vznmission finds rcas~?nal}lc fc>r purposes c;f ti~ru ardin~ t~, the t='€t~ C`E.~u€~cil tc~r final action. __. ~ilcrt Sandch.~~c~,_l'~~, ~ sirpersc~n ~ n ~ 5 f l.. !^ Page 74 E~HI~~T ",~" E :fin application shall include a completed Cite application form, filing fee, deeds, notification area neap and iahels, narratite statement regarding romptiance ~'~ith rritcriae location map and the foil©~ir-g additional exhibits; ~ 1. A fully executed ~1~rtnexation Petition, submitted on fornns pros~ided by the C`it;~ of ~~4~oodbur, _ 2. :fin accurate legal deseription in a form certifiable b~, the State Department of Rc'~~enue according to t~EtS 3{1,225, 3. Complete applications for all concurrent Comprehensive Plan ~1ap amendment <; andlor Zc~ning'~iap change requests. (V4'Df) 5,104,(ll,C ~ ~~ Findii;s: The applicant submitted ~ fully executed aneYatic~ peCiti€~n urn a fi?rrrt prodded b~,- the L'ity. The applicant submitted deed fc~r the subject property that describes the prs~pcrty by a series ~s i;f c:€~urses ira uMich the first cc~urs~; starts at a paint c~fbeginning and life; final craursc ends at that ~ ~ paint cif bef;innirag - each ~::c~urse b~:in~ icntificd by l~earinfs and distances, Thx; applicant ~-~ srraitted an applic;atic~n fvr zone change. !< C'~-raclusic~n: The ap~h~:ati~~n ~~c~uld comply ~a~tlt t'~C) r.l(}~.f~l.C ~~ The goal is to wide the shape and ~cof;raphic area of the City within the urban grox~th houndar} sa the City limits: ~_._ .~. Define a eompact service area for the ~. Its° ~4 F° B. Reflect a cohesive land area that is alt contained Kithira the CIty~ and __ C', 1'ro~ide the opportunih~ fc~r growth in 1*ecping ~+°ith the C'ite's goals and capacit;~ .. to ser°~-€ urban dcselopmcnt, ~~'4`c~r~dlaurn C:on~prehensi3e flan, page 5t1, C;oai D-1~ 1=ia~diz~~;s: Tl~c pr€~p€~scd ar~rtt~;uti<~n ~€~rasists c~f'a sin~lc~ t~"~ acre pr€~pert~ bc~ur~dd z~ra tl~rcc: siclcs ,. h~ the C`il~ limits. y=, C~°ua-aclusi€~ns: "I"ht: prc~pc~sc;cl anr~~:xalic:an ~~uld be a €:upact sez-~ics arcs f€~r the City, ~t~c?uld reflc;c:t _ a cc~hesi~e land area, ~~-c~uld prc~~i~3~: an <~pp«rtunil~° fc>r ~;rcax~th, ar~d ~~•tauld be in keeping ~~:ith thy: a~ C`ite's ~c~als and capacity tt~ scree urlaara dc~~;lcspcnt. The pr~spcascd annexati€~rt t~s°c?ulcf meet the ~~? rcyuir~°rner~ts i~f E'€~rnprehcsi~ €' Plara Ci€~al f7- l . The goal Is to clearly establish the Intent of each proposed expansion of the C`itr~-; to assess the proposal's conformance r~ith the City's plans and facility capacity and to assess Its impact e-n the community- prior to deemini an annexatian application complete, ~~1'oodburn Con~prehensi~e Plan pale Sf1, Uoal D-21 Pir~€lin~s: T?ie :applicant clearly estahshccl thy: i~~lec~t ~}ft±a~:h far€~pt~secl expansiL~n as hc:ia~z; l~ ~~pat~cf tl~c GYi4tin self-st€~ra~:e f~cilit~• t?n ahuttiri~ pr€~p~rt~. Statfas~~4~;c€l tlTC l1rt~~at5,al's ;• t<~t1i«1`T1~lil~i.; l4itll lilt ~•ItL''? l?l<it~s aI]d t~iC:Ilit4 ca~sacat~ :II1d tt~ ilT3~:i~t t)I1 the i~t>i71lTiLiitttt' l?rtt~r tt? ii4ti,:':II?5=~; ;ii? :.'.i;3~Yzitt+,3t1 ~il?l?11t;;1tlc3,,3 t;e,>a"rl~'!lse'tt. ~i?t2i.~;e±3tat~: I11~; l2rt"sl}~~~.t;€l 531iT1t'~'.it:t'tl ~1c~.ll IITc.'e:G t~3t I'l`l?9;T"t'tllfi'tit:~ t.'t ~~tstrr~t"~:llt'I?'skt4 1:x:1 ~tc'il „" l~-~. l: #.~.A ... _ I)t;a~:l~• ?er~t #'~.;~.>i€=t~ "'~?i~`5;'l,I::z;~.3[<€~~. ~«~iirs I',.w>fE~ l~l ~~~ ..~...a.. l_~~4 _~, ~!l.l:~, =`iE ~ (~)`l:~l~i~it;'~.~i~~c [~a~~e l ~sf ., Page 75 The Gael is achieve ;renter u#ilitatic~n of land w#hin the City b}: 4 a. lncarporating all of the #errtory° within the City limits that milt be of benefit to the City rota the City. - h, P'raviding the appQrtunity for the urban in-fill of xacant and under utilized prapcrty that is currently unincc~rpc~rated and surrounded by the t'ity, r, Eosterin~ an effdent pattern of urban developmen# in the City, maximizing the use of existing Cite facilities and services, and I?alancing the casts of ~.:ty° serr~icex .; among all benefitted residents and development by incarpc~ratin~ all tern#ory intca ,, the C::ity Limits that witl be 4f benefit, j~`c~odburn Cacnprehensive Plan. page 5#1, Gaal D-3~ Findings; The priapctsed annexation consists caf a single pr€aperty bcaunded can three skies by the city, ~.~ limits, The abuttir~~ property tea the: south is in ccar~azn+nn ownership and is dc~~eloped with aself- ;:~ storage facility. The owner has indicatt;d that the subject prcaperty would tae used. to expand the self- ~ st{arae fa.eility. ~~, Ccanclusic~ns; lnclusican of the subject prcaperty in the City would be caf benefit tea tw City and w~auld ~ ~ faster an efficient pattern caf urban dt:~ elopcnt in the City. The proposed annexaticn r~e,~cauld meet ~ ~ the recluirertaents ~ f C'orrtprc:hensi~~~: Plan C~caal D-, t The gaal is to use annexation as a tool to guide: ~~ a. 'The direction, shape and pattern of urban development; ,~ la. Smaatlt transitians in the phy°sica! identity and the dex°elapment pattern of the _ community; and c, The ~>ffieient use and e~:t+~nsion cif City° facilities and sersices, (V4c~eadnurn Cr`tstnprehertsive Flan, pages Ct-51~ Gnat »~~] ~- Fi~acli.a~s: The subject property is desi~;nat~d Comc;rcial itt the current Cotaapreensi~e t'ian, ,I.he ~~ ahuttin~ prc~pcrt} tea the scauth is in ccamon c~w~n~;r~hip and is developed ~~ith a self-storage facility. The o~vtaer has indicated that the subject property would be used to expand the self-st~ara~e facility:. C~>ncl~asi~ans_ Tla+: prc~poseti annc:xatican ~,~~ould extend iht; de~:c~lcaPrtaent pattern caf th` ccaunit}° ~, and would prop isle fear effic;it~nt use artd extension caf City facilities and sere ices. Tlae propcased s_ an~aexation ~°ould ~r-cet tla~: reyuiretxzcnts caf Ccamprehensi~e Plan Goal [~-4. ~a The goals is to balance residential development with public facilities and sersiees and with arher tti pes of land use in artier to allow the community to maintain its equilibrium as it ,., ~- assimilates growth. ~~'4'oodburn Comprehensive Plan, page Sl, Goal. C}=sj ,t Fi~adi,a~*s~ The subject property is C~.-l~ acre in size and is de:si~natcd Cc~mmt:rcial in thy: current :<, ~'}~~~~p~~s:hen~i~ e. Flan. "T-hc abutting iar~apert~ ica the sr?utla is in cc~tntnc~n c>~c nership ar~d is d~:t zl«~ed ~~ itl~ ~i ~.1#=sic~ra~c: facility. Tllc ~~t~ ner his indicat~:~l that the subject pr~~pcrt . ~+c~ulcl be used t~> .. c:.~ta.~nci tl,t:'elt=::ic~ra{,~c fac:ilit1~. C°~=r~~:iu~ic>n: The prc~pc~~;s:cl ,:nexatic~n 14~}ud lac rclati~el~ ~Trall acid ~~~~ul~l nl3t upset the rs::~i~lential L~~;a?t~~eresal c~uilibri~a~r~ ~~fila~: ~'it~. Tl~c: lar~?t~i~~,c:cl an~~e~catizs~a ~~~~ul~l s~~ec? tl~c: .. rcui°~:~nc~=t~ ~;.~_~,rrpreh~Ft;~~c. £'l~~c~ Ci~?;~l D-;+. 1. C°~>„~r.=,~~,;'_; ~~e.i`z~'!~T;i~i1t ('l,~txtr~r~s~ ?ti1}y :aita:ti~taziL>rt ?-#41~} ~. t'a~;i#ic H~z~ - t~E;~.:ix~ia C)+~~:41~,~~:~~°nt 4:~~1_~pt~-E5 =.1.~ ?i.~~~_ai-t~ E:x~ttrEt ."~.~lt:}~: Page 76 i:'a~`~'' cat'- . .~nne~-atit~n policies are extremelti important far the City°, ~i~'hile it is imrportant that enoul;h land is available to allow far choice in the marttet puree it is also essential t4 present too much land l~cin~ included in the ciil limits as this tends to inef~cteztt, sprawling development. ~~1 aodl~urn C'orreprehcnsive Plan, page ~l, Policy D-t-1 j n I=inciit~€~s: Tl~c. suh~e+~t prc3~c:rt~ is (l,«t~ ~z~:rc in size: anc~ ~:~ cl~:sinat€:ci ~"c~r~~tne~r~:ial ire the cucrLnt ti C'f~mpr~hensive: flan. Ther ak~~tttini; rcg~e~rty tc~ the south is in ce~mmcjn acsne:rship and is ~Ies~:lc~pecl a4et a ~;~:Ii=stt~r:~~;c~ fac:ilit~. ,I.°ht c~urlcr ha:~ ie~elicaterei that tlae suhjer'c~t prc~pe:rt~ ~~~~uici hc: uscci tee c;spanc~ the scif stc~ra~c facility, t C~'e>s~erlusivns: The pr~~cascd anncxatic~n ~~oul~i bt rclativ~iy small, vsc~ulcl ~;xpand an c~xistin ,~ c~~rr-pac;t land use, and u°~iutd r~t~t Iced t~~ inet~i~:zent, sprau°1in cle;t~lc~prnent. "1~Y~c prc?p€~sc;tl : ann~:xation u~ceuid tn~:et the re:c~uir~:rx~cnts cif C'c~n~prc:h~:nsi~; c flan Pc~licv G- I - I . S'6 ~~ Prim to the appr~a~°al of Site f'l;an~ ~uhdiv~isic~n ar Pl~tzaned `nit Devetnpments fc~r land annexed to the Cite west cif Interstate 5, a detailed Transpa~rtation Impact Study with ~'1r+~~on ;, Department of Transportation in~c~ls~errrent n~ill be required. :~ notification period of -t5 daS s sv ill he pr€r<s ided the Department of Transpc~rtatinn tc~ _ respond to the before mentioned proposal prior to final City action. _. `I'he City shalt insure that i°nay° necessary imprtaveents tc~ I-~ or Mate Ilighev~ay 21-t required _~ ley the devel€~prnent of such lands are pro}°ided far pri~ar tc~ the issuance +~f ht~iid:it~g permits. It is rt~co~nized that the Department of Transpcartaticrn and Cih will work with developers in _ transportation issues, I'"urther, the Departrncnt of T'ranspc~rtation n~a~ net lie able try fund _ such. impr€~vemcnrts. _ It is also understo+~d l~~ ihe~ affected parties that the proposed t (lt} acre Light Industrial site south of IlighvvaF° 2l-# wilt be issued no more than two access permits to Hi~hwa~° 21~, C?ne of r. these will he at ~t.1'. 36.2396 {~~"oodland avenue bctweert 1I.P. 3b.~ibfif3~}. (~'oodburn _, C°ontprchensi1~e Plan, pale ~l, Policy [~-2-2~ I~tra~iiet: The. a~rt~jcct. prc~e:rt~ i~ lc>c:~ztecl a~roximate:ly ~'. ~ r~tileds i;.tst i~f Interstate: S. ;t C`c~r~~;lusic~t~: ~'~~i~rc:her~siae~ I'lae~ l'~tic~ I}-~-? tides z°r~~t apply t~~ the: inst;~nt case. "I'he Citz of ~~'t~odhurn shall actively sx~anat;e the location, timing! type and amount of land ., added to the C'itry. [~-oodhurn Comprehensive Plan, page 5I, Police D-3-3j Frr~u~r~~s: 'i i~~: ir3~tant ~;ase .ell~,u~; t1~e C"~t~ tc~ ~:c}ntrc~l tl~e ~~~iciitr~~r~ c~f`t~€nci t~~ tl~~ t'itti t'~~t~clusit>t~: The it~stat~t ca4r: ~~~~uitl rne:ct t3~te r~cittirt'tt~cnts c:~t't:~zrri~re:h€~r.~i~c F'~a;r P~>Iic, I~__; 1 complete anncxatiun petition appticatie-n shall he rctluirc~d tt~ include: a. .~.ll the territary that will be encla~ed ht the petition. or h. l~}c~cucneret the lack of consent b~ the cnclated pr+apert} o~}ners or b~ the resident cleett~rs necessary tt? include the enctaseis) a3 part of the consent a«netation 1 f, igi.s£ sG.. ~4 ~~CL<:c£2rt :C:i:c ~~.<..?t1St°.~ ~f){'~ ;~lf.`s1t:y.~tiFSl1: ~K:1€I ;~, ~3AiL'iili: t~'~h : -~. ~ia~.li~3c1 ~)4.14:3t1~?Isat.-~. E. ~r.\.`'l :; ty`~.=€-..~.~'it41~s-~r°+) ~"'Kii!~lI ,'~ i;l~~ 1~~3<,~e' Z s`t ~. Page 77 application, ~~~'oodburn C'ontpreensi~e Plan, page a2, Polio I)-~-5~ _ it tt~iiinga: ~l'lte annctativn p~:t~tic~n is for a singly: prup~rty°. C~~n~:lusit~n: ~l~hc annexation petition ~~~o~zld tnet~t the rec{uirtsn€:nt t}f C'~-npr~:he~~si~ c flan 1'oii~:y Q- .s ~_~ pf~ra~;raph a. - :annexation applications that do not conform ~~ith the annexation criteria and standards cnati x be considered b1 the Planning Commission, after a public hearing, for an exception. 'The Commission mad grant an exception based on findings of special circumstances and of ~~° substantial confarrrnance with the criteria and standards based on mitigating measures, The ~; Cite Council may review the Commission's action.. (V4'oodburn CoEnprehensi~°e Plan, page SZ, ~ ~ Plalicy D-h•h~ ~ ~ Findings; The annexation petition app~:ars to cc~nfr~rm to the annexation crit~Yria and standards, ~.: C'~~nclusic~n: C ornprehensi~-e flan Policy D-~-~ does not apply to the instant case. ij f F'. ~ - Territory to be annexed ~, 1. Shall be cantiguc-us to the City of ~i"oodburn; and 2. Shall either: _ a} Link to master plan public facilities with adequate capacity to serve development of the uses and densities indicated by the 'oodburn Cctmprebensive Plan; or b} Guarantee the facility linl€ages with adequate capacity, financed by the applicant, _ ~~"D4 5.1Q4.t~l.D.l,b~ _ l indrn~as: ~I`hc~ subj~:Gt prc~pcrty abuts tie C`it~ limits along its east. sc~utlt, ~~nd ~~•~:st sales. The suhj~:~;t i~rc~ptrt4' trc~nts can Pacific }ligh~tiay 9~1r:. The mater system reap so~~~s an ~-inch ciuctii~; _ tr~3r~ p{pe alr~t~~; tl:e Eiiglt~a~ ~t~P ti°c}t2tagc;. t lt~: Puhltc 1~~c~rks [7~;partc:nt rep~~rts ti~tat tl~c s~°~~c;r _ - s~v st~:ln in the. area has adt~quate: capa~:ity tc~ acLo~n~nodate the s~tt~}~::t prc~pert~• -but does nt~t al c a ~~. latr:ral abutting tl~e prc~pet2y, The abutting prope:rt~ to the si.~uth is to c~at2tcnc>n c~u°ncrship anti is W,; cc~nn~~:tod to the t:`ity sewer tltrc3ugh a private collccti~n systerrt. The drainage. system snap shc~~~ s .~~ an existing storm drain along the. Highway ~~ frontage, The applicant. t~;~c~uld be responsii~le fir the extension cif public facilities. to sc:r~~ the prop~:rty if annexed into thy: Cit} limits. .. C'f>nc:iu4i~>n: "the prc~pc~sc:d annexation x~~c~uld meet the ~;rit~:ria ~~f ~'4~DC) '~, f (14.i~f .I~. f .fa. ~4 ;lnnexations shall show a demonstrated comntunih need for additional territorz and ~~ development based on the follo~~ing considerations; ... 2) Lands designated for commercial. industrial and other uses should demonstrate . < substantial canformanee to; h} and either fl or l:)• as stated beloti+: a) Infill. "The territory to be annexed should be contiguous to the Cit3 on ttivo or more sides; b) Resicic~ntial Buildable Land lnsrntor}. "Che tcrritorti to be annetcd should not _ increase the inti~entory of buildable land designated on the Cflntprebensitc Plan as [.aw ctr High Dcnsit~ Residential ~r ithin tits {'its to mare than a '+-ti ear supply ; .. c} Strcrt Cvnnectivit~. It is fc~asiblc for development of the cite tea tither. „t12:Li'<ll ~)~1; . '~7";~::t{ ~~.1>:I:'stlPo ~?fe€i`i .~fI;IGI':i!tt'tl ~~±{3{y'1~ ~:14ttia: f~l~l - ~ :i5t.lt~3:! I~t~e?t?~)#'ritTi' Page 78 { 1 ~ C'omplete or extend the arterial~eollector street pattern as dc~laict+~d on the _ ~~°aodburn Transpvrtatiun ~-xtent Plank car (4} Cflnnect existing stub streets, or other discflntinuous streets, Stith another public street. . d} ~.:orttrttunit~ 'tieed, The proposed development in the area to he annexed fulfikls a substantial unmet contmunit~ need, that has been identified b~ the C'ih Cauncil after a public hearing, lrxamples flf c+~munity° needs include part: space and concert ation flf significant natural. flr hixtflric rexc~urces, c} Reinfarcemcnt flf Public intextrrsent, The territor~° proposed for annetatiflI! should reflect the Cites ~,eaals for +directin~ i;rovtth bf using public facility i ; capacifiEt that has been funded by the ~`ity+s capital improvement prfl~ram; ,m f) Ducal Empiflyment. The prflpflsed use of the territflry tc~ be annexed shall tae fear industrial car fluter uses prflvidin f; ernpic~y°ment opportunities; ,.~ ~) Reasanabke 1R acilit~ and Service :'deeds, The proposed industrial flr commercial ;; use c~fthe territorF does nflt require the e~cpansifln of infrastructure, additional ;,; service rapacity, or incentives that are in excess of the eflsts nflrnrtall~ la4rne b~ the ccacnmunity~ for development; :x h} laconc-mic ~iversficatirrn, The proposed industrial or commercial. use of the ,4, territory provides au economic flpportunit~° for the City= t€t diterxify its econ€am~. _. Ft~~~lir~4;~s; 'Tl~e a~~licant prc~~~ses tc~ use the subject prt~per€y tip e:~partd a~~ e.xistin self=st~?ragt facility . T'c subject prc~pert~~ shuts i'acific: Hi~;hwa~ ~}E. a~:lt-stura~e t'a~:ilities sere e cc~rtlirrci:zl ~., as ~.~ell as i~~~iii°ieiual cl~~nts. _'.; C~E4nc:lusic,: E~xpatt~ic~ta ~~f`the ~`xi4tir>~ self-st~~ra~~: fic~:~lit~ ~t~>ulcl pr~~~ide ~ad~itic~nal etttplcs~.r~~c;c~t . ~~~t~rtu~~~ties in the: C`ii}. `I he l~rt~~usc;€ ~:xpartcleci self-st~~ra~e fucilit~ ~~,~~ulci t1~)t rc:uire the _ ~:xi~~c~~s~~~n ~~f i:~frastru~:~urc: car ti,~i~~<it~~~;~,1 ~er~i~;~ c:a~acit~. .~r~ e~la.cr~~c~ s~:?f-st~.~ra~~: ta~:ilit~ ,~t~tul~a ~u~,l,t~rt tic: ec~;r~c>~~rt~c t~i,erifi~:at~:~~r~ ~~f tl~e t`it~,. The r~~~~sc€ .zt~r~~~x~~tic}n ~~.c~ultl z~xeet the it°ttc~~~ia ~„ :fin annexation may be initiated b~ petition based on the tv ritten consent of: _ a. The flttners of more than half of the territorr° proposed fflr annexatifln and rrceare than half of the resident electors within the territory proposed to he annexed; or a la. One hundred percent of the owners and fifty percent of the electflrs ttithin the territor;~° proposed to tse annexed; fly .., c. A lesser number of properh ottners. ~~!'l;tO x.10-t.i}l.P.l ~ kmin~lin4,~s: T"ltc ~rctit~~~n ~~as si~;€~ec`l ~ the rc~c~rt~,° c~i~ner. Thy: sub;e~;t iar~~pert~ is ~~c?t iral~al~ite~i. t C.`{~t~~°lusi~~~~: ~I~l~e a~~nc:~:ati=;3n petition satisfies thy: cut~cliti~~t~s c~# ~4`1wI~} ~?.lf)~.U1.E:.l,a ar~~ b. ~+ 1(1~t.t)-# . __Z.ar~in_,~.'~t~ Chan e,~C}t~ner _initi~rted .c-n application chalk include a completed C'itti application form, tiling fee, deeds, ttotificatiorc --. area Hasp and l:cbeis, titritten narrative statcrttent re~ardin~ cr~ntpliance ti~ith criteria. location . niEcp and the 1'uklovvin~ additional exhibit: :'E l.:'. i?it`.li~ S~::t :':i;?It:G i':~ ~~~.:tii'II~1'. i1S%° .~.",'3C'\'<!I:{?1i ~'.+()q! ~. ~~sl l.I:is; }~~L L' ~, ~.!'~i ~t44t1 ~}k;:C'113 ~?S?~t'r,t '~`~,,5+. ~i;ii\-4?i, f,~ ~~It.,t.tl-T= Y1?1~?I; 'i.t~i}i; k~i~rt '? a?( Page 79 !. transpctrtatian impact inal~sis (°l l~}, as applicable, The applicatian shill be rerievsed to determine sshether it signifi~:antl~ affects a transparltatan facility°, in s accardance with Qregon ~dministrativ°e Rule (+D~R) bb(l-tll2-t)tlbfl. if the reyietiv ~ indicates that a transportation fxeilit~ cauld be significantly affected, a Tl~ ma} be re=quired, Significant means the prapasal would. _, a. Change the functional classificaticin of an existing ctr planned transportaticsn facilit~~. This would occur, far example, when a proposal causes future traffic to exceed the capacity of "collector" street classification, requiring a change in the classificaticin to an "arterial" street, as identified b~ the Transpartatian System € ~ flan; or €; b. Change the standards implementing a functional classification system; ar ~ m c. Allow h•pes or levels of land use that would result in levels of travel ar access that ~ ; are inconsistent with the functional classifieatian of a transpartatian facility; or ;~ d. Reduce the level of service of the facility belosr~ the minimum acceptable level ;; identified in the Transportation System Plan, ~V4'INJ S.lf?4.C14.B :~ Findings: The. applzcant's suhtnittai included a cvple:ted City application fc~rzn, filing f~:e, duds, E • nvtificatic~n area map and labets, ~~ritten narrative stat~:cnt regarding cc~mpiiance with criteria, a~td ~~ Ivi;atic~tt znap. The suhj~ect prt~perty abuts Pacific Hi~hw°a}~° 99E, f'acitie Hilhu~a~° ~F is ~, desigz~zatecf as a l~lajur :~rte:rial in the Transpc~rtati~~n System Plan. The Iarc~pvsed annexation e~c~ulc~ z2~:~t il~an~e the tuncti~anal ciassifia.tz~?zt cif an existing; czr ptanne€i transportatit~n fi~cility, change thy: _, ~,tandartls implcinentin a functional s:lassiticatiun systet~~, atlvw types yr icvets vf~land use that _~ }~z?ulcf re4ult in 1~:~~els c~ftra~.el fir ~~ccess that are incc~nsistettt ~~itl~ tltc futtcti~aztal classiticativn cif a ~~ trazaspc~rt:j:tion facilit}°, ur reduce the l~:vet of sa;rv°ice ofthe fac:ilit} helves thr. minimurr~ ac~:~;ptahle ~, Ic~~et iilentifie~i izz thy: Transpc~rtati~an System F'tan. C~`c~ctciusic~n: do '°tran~pvrtatic~t`z Impact ~naiysis is r~:quir~:d tier thy; instant ~:a~;e, The appli~:atit~n ~~.~>tzlc~ n~c:ct the requirements ~`~f'~~ IBC) ~.I#t~.t~-t,B. <, "l°he applicant shall bear the rexpansibiiit~ for the burden of proof. 1. Ee~idence praying a need for the proposed use and the ether permitted uses within the proposed zoning designation. (~~'I3O S,l#}~.#)4.C~ ,, I~~iz~clings: The: abutting pr«perty tc~ the; south i in ~;~~rnrn<~n o~tinersllip and is de`etc~ped with a ~clf- > ;tc~r;agL facitit~°, 't`he ~~~.ztir has indicated that the sut~,ect prczpert~ ttivuld be used tc3 expand thy: self= .~ stt~ra~;c tacilzt~, ,. (~~ttciu;+ic~z1: Ti~L prc~pvsed ~c~c~e change ~~c~ul zncet tl~e rceluire~z~ez~ts uft~t~t;~(~ +, lt~-~.t~-I.C'.1 ~, The applicant shall gear the respnnsibilitti far the burden of proof.... 2. tusidence that the subject praperh best meets the need relative tc~€ other properties in the existing des elapable land inti entor} already designated ti+ith the sane zone cansiderin~; size, la~:aticsn, cr~nfiguration, visibilitti and c~iher significant atiributc4 «f the subject prupcrt~. (~~ l}~ 5.1#1.1.#l-f.C] (,c[i->I?~i.s:_il~r ~):`.t.:4'~'€l"s ('i~ ~y<$!I;:. i!' r~i(}'4 .~I:t:t;'l:,l;'st.i ~'^t~)(~ fir. I~51~'Ss+: ~'~'.i4 -~.:~;s::`€c~i ~)(t1C'~t'~~E;~c:.tE i.4`~.~ ~"#I~..t;3.~'~~'`iii~-ci-~} ~ l.~if~?lI.`~,€itC f':=LG~t1( Page 80 i-€€€~~€€~~,: -~he 4uhjtLt pr~~c~rt~ i~ hc~u€~cleci ~~€~ t~trec: sic~~:~ h~, the City litt~its. `"h~.: aE~utti€:~; l~r~?~zt~t .., t~~ thy: ~~~ath is €t~ ~~,€€;€t~v€t a~~4€€c:a•,$~€i~~ a€~~ is ~le~~;1ti~L~ ~~~th ~ >c~-~fti~r~~C fac;~it~. Thy ,#z~n~r has < €:~~licated that the. s~~ijeet pr€~p~:t°t} ti~~€uI isct uszci tc~ ~:~pa€~d thy; self-stc.~rag;~; failit~. C"~>~1~a,iE~n: Thy: pr~~gr~~~;e rE~zte ~.1x~t~~,~~e ~~~aui meet the res~uir~rt~-et~t~ ~~t V~~~C~ `~.lt)~.ti~_C".`'. - `l~he applicant shall [scar the responsileilit~~ for the [~urden of proof.... t 3> Amendments to the comprehensive plan, :zoning; map and land use standards which F significantly affect a transportation facility° shall assure chat allowed [and uses are consistent with the function, capacity, and [eF~el of sere°ice of the facility identified in the. "I"ransportacion S}stem Plan. This shall be accomplished by one of the following: ,_ a, Limiting allowed land uses to be consistent with the planned function of the transportation facility; or ~x b, >~,mending; the Transportation System Plan to ensure that existing, improved, or €: ner~ transportation facilities are adequate to support the proposed [and uses €, consistent with the requirement of the Transportacic~n Planning Rule, or, €- c. Altering; land use designations, densities, or design requirements to reduce demand for automobile tray°e[ and meet trav=el needs through c~th€er modes of transportation. ~1~~'DC} S.lll~>tlq<~"~ ~. 1~i€~i_lir~s~4' The suhj~:ct prc~pc:rty abuts E'a~:iti~: l-li~lt~~;a~, r.}E. Pacific iiihtsaL c}c) €~ c;€~,~t~at~:<i a r ; a ;liajc~r ='~rt~:rial i€~ tl~c~ Tran:~pc~rtati~~n 8} stc:tn Plan. ~1"he prc~p~rt~;" €s desi~i~ated ~:'c~a~~rt~ercial in the (.'c~€~~:Iu~ickt~s: ~I he prc?pc~se~l .~~ne chan~c u~c~ul€i allc»~:- la€~tl uses that are e~~nsistent u ith the pia€~c~ecl f~u€~~:tic>€~ ~~f' Pa~:iti~: 13i~h~.~:a~ €~~E. ~~e Prc~pc>~i: ar~r•€€:xg~ti~3n ut~ulcl €~:et tl~~ rt~uire€~t~e€~ts cif ~1; I)C) :~ 1tf~.t~;~C.~. ~§ C-pcen approsal, a zone change shag[ be delineated on the official zoning; extap l~~ flee C'cemmunitr~ De~clopcnt Director, .~ gone change sub,~rct to specific conditions shall be annotated on the official ;coning map to indicate that such ccenditions are attached to flee l~ ir~€~lt€~g: "~.he pr<~p~s~:~i ~vr~e c:han~~: is nett prc~gsc~set~ to be suhject t~ specific cc~n+liti~3€~~. z C°~€~€clu~ic~€~: tv i>ntpltaxlce. ~~~ith L~"L)t~ ~, lf~-l.f}~.t~ is t~€c respc~n5€l?il~t}° ~~t t4~e C`~~m€~~u~~it~ ~~ l)~~cl.€pn•€e€~t C~€r~:ct~~r, €~~~t tl~c: applicant, C ti,.ti.;s~, '~ L~+:'.£'i(9~~r7t4:ii 1~~.1:iC't€~ ~!t€',~ .~!1t;a:~~filh:I '.{(i£; ~_ ~~:~i3t1, ~{11 Y - t. i1.`a:G:k.i$,. ~)i1Cit?~t£1'Cli' 1 i~~ .~»'!(.°-~~~. 1 ~'?ilitti-'1-Ej ~' ~~;i~'stt ~.~c`i: F'~iy.;C ~ li Page 81 --~ . """" "'` September 22, 2008 TC3: Honorable tvlayc~r esnd City Council through City Administrator In Capacity as Local Contract Review Board FR£~lv1: Dan Brown, Public Works Director SUBJECT: INITIATE A I.OCAI. IlVIPRC?'tiIEMENT t}ISTRICT TQ REFt,ACE STREET TREES ANd REPAIR SI[?EWALKS IN THE IRCJNYYQQI~ NEICHCJRHQC}Cl REC4NtMENt?ATI4N; Council to initiate a Local Improverr~ent District in response to the request of the Ironwood l-lomeowners Association for the replacement of street trees and repairs to sidewalks. Additiont~lly, the Council authorizes the Public V~torks Department to prepare an engineering teasil~ility report tQ present to Council for consideration prier to tsnal approval czt the lrocal lr~rtprovement District. ~ACK~RauNa; The Ironwood Homeowners Association met with City statt on July 29, 2008 to express c€~ncern and frustration with damage to sidewalks, curbs, and in-ground sprinkler systems being caused by the street trees planted ire the Ironwood neighborho®d. In the tall of 2007, the Ironwood Homeowners Association had made a similar request for replacement of the street trees and the request wr~s denied by the Community Development Director. The street trees planted in the lrowoc~d neighborhood are a Ar~nerican Sweetgur~n ~Ligvclarr~bar styraciflua~. They are a cc~lortul ornamental deciduous tree. At the tirr~e the situ developrr~ent plans were approved for the Ironwood neighbr~rood, the Art~ierican Sweetgum was an approved street tree. The City has since removed the American Sweetgur~ tram the list Qt approved street trees because of it propensity to cause damage to sidewalks, curbs, and streets due to its shallow root systert~. The tree is also prone to storm ciamczge because of its shallr~w root system. Staff explained to the Ironwood l-lomeowners Association representatives at the July 29, 2008 meeting that the City "technically or legally" d©es not have an obligation tc~ replace the street trees. Staff reminded representatives that ~g~rta "a±~t`i i~eview~ C ty Ac~m?r~~strc#~ ._ '""...~ ~it~ Att~~~,~,~tt~`; Page 82 r Honorable 1vlsyor c~nd City Council September 22, 2008 Page 2 remo~sl of the streefi tree would require a permit issued by the City and that the individual property swner would be responsible for cosfi of replacing the tree and any repairs needed for the sidewalk. Staff did offer to administer a Local Improvement District to remove the existing ,American Sweetgum trees and replant with a variety that the neighborhood selected that was on the approved lisfi of street trees. Qn September 3> X108 the Ironwood Homeowners Association wrote s letter to Dan Brawn, Public YVorks Director requesting that the City of ~loodburn put together and present fio them a proposal for the removal and replanting of trees, the repair of sidewalks and irrigation system to present to the Homeowners Association members. Dan Brown sent September 5, 2008 a response to this request for the City to prepare a proposal to confirm that the Homeowners Association wanted the City Council to initiate a Local Improvement District and outline the process for establishing s Local Improvement District. fln September fi 1, 20(J8, Dan Brown received c:ontirmation from the Ironwood Homeowners Association that they did request that the City initiate a Local lrr~provement District. However, the Homeowners Association stipulated that the access for the project cost should be assessed to the N®rr~eowners Association and not to individual property owners as outlined in Dsn Br®wn's letter of September 1 i , 2008. t~ISGLlSSIC~N; Completion of the engineering feasibility report is needed to compile information necessary to complete a cost estimate of the project for tl'~e Ironwood Homeowners Association. Staff does have concern with assessing the Local Improvement District costs tc~ a homeowners association. A key aspect of ensuring that assessed contributions to the project are paid is the City's ability to put s lien on the property preventing sny sales transactions prior to payment for the Local Improvement District, Rerr~QVSI and replacement of the street trees now is a benefit to the Ironwood neighborhood and the City. The extent of damage caused by the Sweetgurn frees and the cast of removal will only increase as the trees rr~ature, if fibs City can assist the lr©nwood neighborhood address this problem now, the cost of the corrective action can be minirr~ized end fhe expense fio the City on enforcing property owners to take individual corrective action can be sv®ided. Page 83 Hon©rable Mayor and City Council September 22> 2aQ8 Page 3 FlNAN~IAE I/1APACT: The estimated cast of completing the engineering feasibility study is $4.000 and is considered a portion of the City's contribution to addressing the street tree and sidewalk damage problems being ex}~erienced in the Ironwood neighb®rood. Page 84 IZE~C?T~LTIC`r tit). ~, IZE4C)I.t-"i"I()1 T}IREC"C'l~( "I'HF. CITE' Etit:ItiEEIZ'TO I'I~F:P.'~>E2E: f~' Flti(xi'~EE RISC: FE~ISII3ILI "~' REP£)RT FC)K "['1-IE REYIs~1C:"lE '~iE'4T OF ~TI2E ET TREFS r1,~i) °I`() I'EFtFOR~1 SIl)E4'4~~LK I2EF:~iK~; I~ti TIIE II2C)~~'O()I) '~ I:I(~III3C)I2HC)()I) t~%HERE~S, the ~`it~~ Council cc~nsicler:~ the relace€nent c~f'street trees and relaair~ t~ sitle~~'alks i the Ir~~s~~~°t~€~d nei~hl~c~nc~~c~d t ~~: necessar~~ ar€d I~erae~ci<€I; a€id ~~'HEI~E.1~S~ The Citt°, ~~ I?c~Ii~:ti, c}nl~ relaees streei trees and rep€irs side~~alks w~hes~ the; I~c~se a yule saiet~~ issue atld the acl~c~inint~ ~r~~~:rt~ c~tiv€jer does n€3t a~4~€sne res}~c?nsibilit}` f~~r the cc~rrecti~,e actiE~n~ recluirecl; s€nd ~~'HERE ~~, the cr;st ~€5s~aci<~te€I ~~°itl~ thi i€r€rf>~~e€~~er~t ~rc~,ject sail die ~€ssessecl asp=€i~~st the her€el~ted rc~erties: {end t'4'II>F:ItE~~, t7nl~ henef€te~ prct~erties as Bete€•€nined ter the C'it~ C`~uncil <€t`ter• P~€hlic input <~€~d after passe€~;e c~t~tl~e a~rc~sl~riate c~rdin<€nce ~~il( Ise ~~€I•?~eet t~~ said asse~5€ne€u; and ~~•IIEIti:A4, the ~'itt~ ('~.~~€€~cil I~as estab(islied I'€•~~cecl€€res ~,r the: <~s~e~;sent process bt C)rcli€~ance'~~~. ?I(}~:'`5~()~~' .I1IR1•Ct~I~.. "I ICI; C'1 I~~' ~)I~ t~'(:)(~I)I~1-l~ I~I•:~()I~~`I~ <~~~ I~()l.I.(:~t`~~ `~: he Cite 1_.€~€~i€le.er is direetec$ tc~ px~;pare an 1_n~;i€~ecr's I'easil~ilit~~ Itep<~rt ir€ avcE~rdancc c~ith {:)rdina€acc ?~c~. %It~~ re~<€rclin~ street tree replaeen~ent at€d side~4<~l repairs in tl~e Irt~nti~c~~cl nei~hl?f~rc}tad. ,_~ ,~~ F ~. :'~I~prc~~ cd as t<3 ~<~,rn~: 1 _ -~ _ ,_ ~.~ ~ ~ ~ ~ C €tt- :~ttc~rnc:~~ I)at .11'I'I2(~~'I~:I ~: I~.at}~r~€~ I~i~ILy, '~Sa~«c I~assetl h~ C:~~uneil S€€bn€itted tc€ tl~e ~Ia~c}r lpprt~~ ed h~. the '~~a~°~3r F-'il~tl its tl~e C7f~ice c~('the I~ei:c~r~ie€• Page 85 t~'I'Tt ~,.~.. '~'farv' 'I°eni~~~nt. ~~:cc~r~ir C'ity' ~f` ~'~~oci~urn. ~)r~t~~?tt Page 86 '-"-,,.~ ... 2~ ,. September 22, 2008 TO: Honorable tvtayar and City Council through City Administrator Fl~~}tv1: Jim Row, C©mmunity Services Director SUBJECT: Weed & Seed It1A VYith Marion Counfiy Juvenile ©epartmenf for Trcxcker Program Services RCt3Nt1V1NDATIflN: Adopt the attached resolution entering into an Intergovernmental Agreement with tvlarian County tar Probation officer services in supporfi of the Weed & Seed Tracker Program. BACKGRt?UNI~; This agreement provides funding to the tvlarian Caur~ty Juvenile Department, enabling them to provide probation afficer support to the Weed ~ Seed Tracl~er Pragrarr~. Tt~e Tracker prc~grarn is a corr~ponent of the U.S. Departrr~ent of Justice Weed ~ Seed grant that the City was awarded in August 2007. The City is authorized to expend funds related to this award through Septerr~ber 30, 20109. The Tracl~er Program provides for joint police officer/ probation afficer visits to the homes of oadburr~ Juveniles who are can probation far drug adl ar gang related offenses, for the purpose of enforcing fhe terms of their probation. In addition, the prograrr~ provides for joint police officer/ probation officer visits to local "hot spofs" in the community. blot spots are areas that gang and drug involved juveniles frequent, and again, these visits are car~ducted for the purpose of enforcing the terms of local juveniles` prok~atian, This program operated for a short urhile o couple of years ago, and during its brief tenure, appeared to contribute to a notices ble reduc:fiar~ in juvenile crime. The funding for the required police afficer support to the Tracker Program is also provided by the deed & Seed grant. This Intergovernmental Agreement expires on June 30, 20109, unless agreed by both parties to extend. ~INANCIAI, IMPACT: Ac~~nci~z lt~m r~~jrie~nr; City A~ln~r~'st City ~tt4:~rney Page 87 °~ _ F€nczr~c:~; Honorable Mayor and City Council September 22: 20tJ8 Page 2 The Intergovernmental Agreen~tent provides for a maximum monthly cast of $4,0(}x, and a total contract amount of $18,00. The City's costs related tc~ this Agreement are completely funded through the U.S. Department of Justice yYeed & Seed grant. Page 88 COUNCII.8ILL NO, 275 RESOLUTION NO, A RESOLUTION ENTERING INTO AN INTERG01tERNAAENTAIRGREEMENT WITH MARION COUNTY FOR .IUVENILE PROBATION OFFICER SUPPORT ANI~ AUTHORIZING THE INTERIM CITY ApMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, the City has received a U.S. Qepartmet cif Justice weed ~ Seed grant for the purpose of reducing gang and drug related crimes; and WHEREAS, i conjuncfion with the City's program, Marion County is willing to provide juvenile probation officer services to thy: City; and WHEREAS, the City wishes to utilise deed & Seed grant funds to reimburse Marion County fQr the cQSfs of providing juvenile probation tafficer services to fhe City; ar,d WHEREAS, i order to merr~oriali~e the City`s relafionship with Marion County fc~r joint police officer and probation officer operations, it is necessary to enter into an intergaverr~rnental agreement; NOW, THEREFORE, THE CITY OF WOOI~BURN RESOLVES AS FOLLOWS: Sectign 1. That the City of Woodburn eater info an intergovernmental agreement, a copy of which is affixed hereto as Attachment "A" and by this reference incorporated herein, with Marion County for juvenile probation officer support. Sectign 2, That the interim City Administrator is aufhorized to sign said agreement on behalf of the City. ~ '~ C Approved as fQ form: City Attorney C~a Approved: l~athryn F~gley, N#ayQr Passed by the Council Subrr~~tted fQ the Mayor Approved by the Mayor Filed in the C`ffice of the ~2ecorder Page 1 _ CC>UNCI~ BILL ~~. !?~~GLTlQ~~1 ~Jfl. Page 89 ATTEST: tvlary Tennant City Reac~r~er City of ~oc~dburn, C~regan Page 2 - COUNCIL BILE NJ. RESC~UTICN N J. Page 90 ~TTAC6il~ET l'~g~ /' of ~ ~- .m lNTERGQVERN~ENTA~, AGREEMENT BET1fltEEN MARIC}N GflUNTY ANQ THE GITY flF V11C7t~C3BURN FQR .1U1/EN11_E PRt~BATIUN fJFFIGER SUPPt7RT' This Agreement is made., pursuant to ORS 190.003 to 100.1 0, between Marion County a po#itical subdivision of the State of Oregon, hereinafter called "County" and the City of 1Noodburn, a municipal corporation of the State of Oregon, hereinafter called "City". 'I CITY C)B~IGAT[©NS l .1 Provide police officers for participation in joint juvenile probation officerl police officer home visits. Visits will be to the homes of juveniles living in llVoodburn who are on probat#on for gang andl or drug related offenses. These visits will be conducted for the purpose of enforcing the terms of probation. l .~ Provide police officers for participation in joint juvenile probation officerf police officer hot spot visits. Visits wil# be to locations in ~loodburn where juvenile gang and drug activity is prevalent. Visits will be conducted with the intent of making contact with juveniles living in Vitoodburn who are on probation for gang andf or drug related offenses, and for the purpose of enforcing the terms of probation. l . ~ Submit payment to the County within thirty ~30j days after receiving monthly invoices. Payments shall be submitted to: Marion County Juvenile ©epartment 3030 Center Street NE Salem, OR J7301 Phone 503-588-5411 2 CQUNTY 4B~.IGATItJNS `'.i Provide juvenile probation officers for participation in joint juvenile probation officer/ police officer home visits. Visits will be to the homes of juveni#es living in lNoodburn who are on probation for gang andl or drug related offenses. These visits will be conducted for the purpose of enforcing the terms of probation. ~".? Provide juvenile probation officers for participation in joint juvenile probation officerl police officer hot spot visits. Visits will be to locations in 1Noodburn where juvenile gang and drug activity is prevalent. Visits will be conducted with the intent of making contact with juveniles living in 11Voodburn who are on lGA Juvenile Probation Officer Support Page 1 Page 91 Page ~t ~.~. probation for gang andl or drug re#ated offenses, and for the purpose of enforcing the terms of probation. ~.3 Provide semi-annual statistics( reports to the City detailing the number of home visits, visits to hot spots, numbers of youth contacted that are in compliance with the terms of their probation, and the numbers of youth encountered who are in violation of the terms of their probation. Semi-annul! statistical reports shall be submitted to the City by January 1 ~, 2009 for the reporting period of July ~ , 2008 -- pecember 302 2008, and July 15, 2008 for the reporting period of January 1, 2009 -June 30, 2409. ''.=t Submit bi#lings and invoices to the City, on a monthly basis, for services provided. Services shall be chsrged for each hour of time worked by probation officers under the terms of this agreement. Services shall be provided at a cost of X46.88 per hour for each hour of straight time worked, and X70.32 for each hour of overtime worked. Total monthly costs shall not exceed $4,000. The total amount to be billed throughout the entire term of this agreement shall not exceed X18,000. '.~ Submit all invoices, billings and reports to: Weed & Seed Program City of Woodburn 27(l Montgomery Street Woodburn, flR 97071 Phone 503-982-5228 3 GEAiERAI. C~BLIGATitJNS ~,1 Each party shall be solely liable for third party claims arising from the actions of that party's officers,. employees and agents. ~.~' The City shall agree to defend, indemnify, and held harmless the County, its officers, agents, and employees from damages arising out of the tortious acts of the City, its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7. Likewise, the County shall agree to defend, indemnify, and hold harmless the City, its officers, agents, and employees from damages arising out of the tortious acts of the County,. its officers, agents, and employees acting within the scope of their employment and duties in performance of this agreement subject to the limitations and conditions of the Oregon Tort Claims Act,. ORS 30.260 through 30.300, and the Oregon Constitution, Article X1 Section 7. lGA Juvenile Probation Officer Support Page Page 92 AT''" ^Fd~IE 1' ~. ~ V~hen the parties share supervision and control aver a project, each party shall be liable for third party claims arising out of the actions of its officers, employees and agents. ~.=~ Each party shall be solely liable for its employees' workers' compensation claims. regardless of which party is exercising supervision anti control over the project when the claim arises. Nothing in this agreement shall be deemed to limit the right of either party to make a claim against the ether party for damages and injuries incurred by one party as a result of the actions of the other party's officers, agents and employees. This agreement represents the entire integrated understanding of the parties. This agreement may be amended only in writing, executed with the same formalities as the agreement itself. This agreement may be terminated or renegotiated with thirty {3(}} days' written notice by either party to: For the Cites Scott Russell, Police Chief City of V~loodburn 27Q Montgomery Street Woodburn, flR g~~171 Phone 5tI3-g82-5228 For the County: Faye Fogel, Director Marion C€~unty Juvenile Department 330 Center Street NE Salem, UR 973C}1 Phone 5U3-588-541 This Agreement shall become effective on the date upon which every party has signed this Agreement. This Agreement shall expire on June 30, 2008 unless agreed to by both parties to extend. lGA Juvenile Probation C,~fficer Support Page Page 93 'i~'ACI-tME 1'ge ~# IN 1lVITNESS V~IHEREOF, the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. MARIAN COUNTY Recommended Sy:. CITY OF V11C3C3DSURN Juvenile Department Director Date APPROVED AS TO FARM: Contracts Compliance Analys# Date APPROVED AS TO FORM: t~egal Counsel Date City Administrator Date 1GA Juvenile Probation Officer Support Page -~ Page 94 ~--:~ - `~ ~~o~~~~~ Ate- Imo. September i 7, 208 T~: Honorable Rr1ayC~r and Ci#y Council through City Administrator FQM: Natalie l.abossiere, Interim CQrr~r~ur,ity Development director SiJ,fECT: Final determination cif BallQ# tvleasure 49 rights regarding pr®perty located at ~C~CI- i 0 and 5 i 4 North Pacific Highway and identified ~zn t~aric~n Coun#y Tcax Assessor's maps as #ax la# 0i W i 7~C~020Cf. EC4MMENpATC}N: Adapt attached resolution making a final deterrr~inatio.r~ that Delbert Gottsacker ~"Claimant"~ is not en#itled to relief ~~n~fer Section 9 cif tvleasure 49. BACKGRt?UNd. ~n Septerr~ber 8. ~~C~ the Ci#y Council held a public h~:aring regarding Claimant's rights under ,measure ~ A#ter closing the public hearing, the Council passed a motian finding that Claimant was not entitled #c~ relief under Section 9 of Iv~easure 4 and instruc#ing staff to draft a res~alutic~n memorializing the Council's deCisiC~n. I~ISCUSSI©N: Nor'~e. FINANCIAL IMPACT: This deCisiort is are#icipated tc~ have nc~ public sector #inancial irnpac#. ~:g~~~~ i~~~ ~'~~,~,~~~: ~~i?y :?.<rt~ r.;~`s~t,~ fy ~t~t~rney age ~5 ~<nac 9~2~G 1Vi ~ 1VI O RROIi~l THE WOODB URN CITY117'I'ORN~"Y TO: Mayor and City Council FROM: N. Robert Shields, City Attorney DATE: September 22, 2008 RE: Council Bi112746 (Gottsacker Measure 49 Claim) Attached is a communication received today from Del Bert Gottsacker regarding Council Bi112746 (A Resolution Making A Final Determination That Claimant Is Not Entitled To Relief Under Measure 49, Section 9 And Voiding The City Council's Previous Decision Under Measure 37). Mr. Gottsacker appears to believe that the language of the resolution voiding the City Council's previous decision under Measure 37 is inappropriate. Under Measure 49 and the decision of the Oregon Supreme Court in Corey v. DLCD, (2008)], I believe that the language correctly implements existing law. The Supreme Court stated, in relevant part; "We hold only that plaintiffs' contention that Measure 49 does not affect the rights of persons who already have obtained Measure 37 waivers is incorrect. In fact, Measure 49 by its terms deprives Measure 37 waivers -- and all orders disposing of Measure 37 claims -- of any continuing viability..." The only exception to this is where the claimant has established a "vested right" to continue with the Measure 37 approved development. In this instance, the approval is based upon a common law doctrine and not directly on Measure 49. It is for this reason that the resolution contains language voiding the City Council's previous decision. This approach is not unique to Woodburn. Measure 49 determinations, for example, by the City of Portland routinely "withdraw" previous Measure 37 waivers. September 22, 2008 Mayor and Council Members City Council Meeting, 7:00 P.M. City Council Chambers 270 Montgomery St., Woodburn ~ ~ ~ ~ ~ ~ ~ D U U 2 d Madam Mayor and Council Members: ~~~ ~~ /~ ~ ~~ a 1 would like this letter to become part of the Legal Record of this Council Meeting, September 22, 2008. My wife and I attended the September 8, 2008 Council Meeting and Public Hearing and I have a Sept 22, 08 Agenda before me. Number 11-C Council Bi112746 states: A Resolution Making Final Determination that Claimant is not Entitled to Relief under Measure 49, Section 9 and Voiding the City Councils Previous Decision Under Measure 37. At the Sept. 8, meeting, the City Attorney, Bob Shields ask me if it was O.K. or if I approved of a Resolution, Making a Final Determination that Claimant is not Entitled to relief under Measure 49, Section 9. It stopped there. He said he had to have something done before a date in October. I told him it was O.K. because it is in the Law, a Commercial Use in a Commercial Zone is not Entitled to Relief. Then t think Mr. Cox said something to the effect, that 1 was mainly interested in the Common Law Vested Rights, and I said Yes. I never gave Bob Shields permission and 1 don't believe the City Council gave him permission to add, Alone with the Resolution. "And Voidins the Citv Councils Previous Decision under Measure 37 " I never would have given him permission to do anything with my Measure 37 Decision. I have 4 reasons Why: 1. Prior to 1im Allens dismissal, i ask him, if I wasn't in agreement with the Council decision, if I could Appeal the decision. Ne said NO, I would have to have a Courts Review. This was prior to him telling me by letter,lune 2, 2008 that he or his staff could not advise me on Vested Rights Questions. 2. In my letter written during the 7-day extension of time to respond. I stated, what I would be doing with my measure 37 Waiver, if, I Received My Common Law Vested Rights. 3. !f, l didn't receive my Common Law Vested Rights, I was going to wait until a Court Case came up, Granting the Claimants the Damages Determined by Appraisal, for those who didn't receive their Common law Vested Rights, which would be Retroactive. 4. Why would I agree to void Measure 37, when the Council hasn't made a decision on my Common Law Vested Rights, as of Sept. 8, 08 Page 1. Why would I ever agree or give permission to void something the above 4 reasons would require me to have proof of the Waiver. I don't recall anything in measure 49 requiring me to give up anything I received in Measure 37, Excepting those claimants with homes and development. Which is complety different than me. If you Council Members didn't get a copy of the letter I sent in during the 7-day period for additional information, I think you should. The utility easement that I have mentioned is not a threat, but it keeps my conscience clear. The measure 37 waiver is the only way I can be assured that my buildings would stay rented, and that's what is important to me, if I did negotiate an easement. Once the door is closed, it's closed, in more ways than one. Sincerely, Del'Bert Gottsacker 8518 Parr Rd NE Gravis, Oregon 97026 Page 2. CQtINCII BILL NO. 274b RES©LUTIC}N N4. A RESC)lUT1C?N MAKING A FINAL DETERMINATIt3N THAT CLAIMANT !S NC1T ENTITLED TC} RELIEF UNDER MEASURE 4P, SECTION 4 AND 1tC31DING THE CITY CQ~NCIL'S FREVIC?US DEClSIQN UNDER MEASURE 37 WHEREAS, Qn t~l~arch 14, 2Q07, the City Council granted a genera! waiver in respgnse to Delbert Gottsacker`s {"Claimant"~ Ballot tvteasure 37 claim, and; WHEREAS, Can December 6, 2~}Ct7, Bal€ot lvteasure 49 became effective and eliminated development nights previously a€€owed under Measure 37, and; WHEREAS, Measure 49 requires that the City make a determination of Claimant's right to establish a €imited number of sing€e-family h©mes on his property pursuant to Section 9 of tvleasure 49, and; WHEREAS, Qn .1uly l C~, C~Q8, the City made a tentative determination concluding that Claimant was not entitled to relief under Seetic~n 9 of Arleasvre 49, and; WHEREAS, Can September 8, 2Qfl8, the City Ca~ncil held a public hearing to address Claimant's rights under ~/ieasure 49, and; WHEREAS, Claimant, during the public hearing, conceded that he was nQt entitled to re€ief under Section 9 of I~leasure 49 and was n©t seeking such relief, and, WHEREAS, the Council considered all documents provided to the City regarding the subject property Including documents related to Claimant's prier hlteasure 37 claims and all testimony by staff and the Claimant at the public hearing, and; Nt?W, THEREFQRE, THE CITY OF WQQDBUN RESQLVES AS FQLIt?WS: Se~tlon 1. The City Council hereby determines that Claimant is n©t entitled to re€ief under Seedon ~ of tV~easure 49 and. therefore, voids its l~tareh 14, 20(37 decision approving Claimant`s tvleasure 37 claim {Claim No. tv137 2C~Ob- O1}. Page 1 - C~UNC1~ l~l~~ NQ. RESQL~1TIt~1~ NC}. PnnP 9l~ Section 2. This decisian is based ~~on evidence in the record betc~re the l~lot~d~urn City Council and is yt~sti€ied by the findings and cQnciusions which are attached as Exhibit '`,q" and by this reference are incc~r~orated herein. Appraved as tc~ term: Y~ ~ `°~°----- ~ City Afitorney Dat A~praved;, Cathryn Fic~ley, Mayer Passed by the Cenci! Submitted tc~ fibs Mayor Ap}~rc~ved by the Mayer Filed in the ~ttice at the Retarder ATTEST: lvlary Tennant City Recorder City at V~oodburn, ~rec~c~n Pane ~ - C~'iiC!L E3~,L t~C1. L RPS'JLi~'Tv~~ !`J`~. Page 97 1~;~~~IBIT ~: Findings and Conelusions ~.l<T~s ~F ~~~~~l}l~~.i~~y Q~~~xQ~k General nfortnation Claimant: L?elbert Gottsacker S> l ~ Parr Road '~'E Geri°ais~ £)R ~7fl~G Sulaject Froperh': The property is loc;atcc3 at Sf}()-Slt} and Sl~'~c~rth Paci#ic Hifh~•ay and can be identified on '~laric~n County Tax Assessor's maps as tax Ic3t {?S I ~' 17BC{}(~?Q{). Condition of the Property°: The sul~jeet property is coned Cct~n~rc°ial General {('~} and is designated C'~?tnrnercial can the Comprehensi~•e Plan leap. The site is (1.~1 were and is currently developed tc-ith ti~'c? commercial structures. Surrf~unding properties arc: Loned C'o~t~crcial General {('G) and :ire designated C`c>ntercial on the C~`utnprehcnsi~,e Plan '~fap, ti~~ significant trees exist on the site. '~'c~ ~~"etlands {per the ~'~'«odhurs~t Local l~'etland Inv~;ntc}ry map) or floodplaitts {per the Federal nlergei~cy ~lanagernent Agency's Flc?c~cl Insurance Rate l~tap, pa~te:l (?I ~£}G, c3at~:ci .€~ir~uary ! c), 2t)(}(~) exist can the site. L Evaluation of Claim under Measure ~9 ~eetion ~. Sin le-Famil -Homes Ballet ;Measure ~~.}, Sec:tion 1(}, requires that the C"ity make a detenninatic~n of C'laimant's right tc) establish a limited number ofsingle-family homes on his property, This eieterinatic~n is required regardless of u°hether the C laiznant is requestir~~ the estal~iismc:nt ~~f'sn~;ke-family homes or not. in tl~e present case, C`laimar~t has neither requested nor sus;~;esteci the e4tablishrnent of singte-family homes on the subject property, Gn .luly I0, ~t}t)S, the C'omn~unity Development Director, on behalf of'the C_`ity, made a «•fentative Determination°° ofClain~ant's right to establish single-family Domes on the property. {copy attached}. ~t"`he Centati~~e c~c~r;isican stated that Clairt~ant ~c°:~s n«t entitted to relief~uncier 'Measure ~q for the establishment ofsingle-family hc~mc;s. L't~der Section t}(5} of ~tleasurc ~{) the fi~lli~~~~in~; criteria must bc~ ct to c{ualify f~~r relief: {a) The claimant is an pw°ner of the property-. Page 98 P`3~;e l of ~ Establishment of singly;-family ~~~ellir~gs ~~'ould not. fse implicated by any of the exemptions of Q1tS 1~~5,3C1S(3}. This criterion is met. (h) The land use regulation described. in paragraph (f} of this subsection. was enacted after the date the propertt~' or antij portion of the property, ~°as t~rouiht into the urban growth boundary, The subject property u~as brolat into the urlaan growth boundary after 173. The property i~ as shown: can tl~e Cc~anprehensive I'lin flap since at least 1 C)(1. Althouih not applicable to the subject property until anncxatc~n, the present cc~sntnereif~l ~c?ning regulatic-rns were enacted July 1, 2(102. Therefore, the regulations ~~~ere enacted after the prc~pem~ was located ~°ithin the urban ~;rc>s~~th boundary, This criterion is met, {i} If the properts~ is located within the boundaries of 14tetro, the land use regulation that is the basis for the claim was enacted after the date the property° was included within the boundaries of 1~fetro. ,l"his criterion is not applicable. Ci) f the propert~Y is located within a city, the land use regulation that is the basis for the claim was enacted after the date the propert~° ~~as anne:~ed to the cit}°. The subject property s~a4 annexed to the C.°ity can June 1?, Ztl(11 pursuant t« C)rdir~ance tic7. Z?°~t, At the time of annexation, the pr€~perty bec;arnc subject to the ~~'oodburn Toning ~rdir~ance. ~°he ~'~`ootlburn L3evelopmer~t Ordinance vas adopted can April ~), '_{1{:)? grid became et~ective can July 1, 2t1t12, replacing the ~~oc~dbu Zoning C)rdinat~ce ~~s the; applicable land use regulation, Both of'Claiant°:~ '~~easure 3 f claims and the '~~Icasure ~{) ilaim refer tc~ the ~~'oodburn I~e~~ekrpment Ordinance. This criterion is rr~et. {k) `The challcn~ed regulations reduced the fair market value of the property according to an appraisal conducted as specified b~~ 1leasure 49. Section cJ{7) of ~Jeasure ~ provides in part that "a clairz~ant must provide an appraisal show°in~; the fair market value cif the property rt~> fij~rur hc~fc~r-e t~rE> ~rzac~trnc3nt vJ tlzcr Icanr~ ersE~ r-c~~ulrxtao~z that etas the basis f~~r the claim and thc~fair market v~ilue of the property c~tr~~ ~'Ej~~' caj~er tlrc~ ersuc~tmc~ni." {t~nphasis added} As part cif his second '~~easure :?7 claim, Claimant subrrmitted an appraisal ~~~hich ga~'r a "I-i~°pc~thetical Market ~`alue _ V~'ithc~ut Constraints" cif 3I ~,tJU() an~i an `":~s-IS' ~'iarket ~`alue - ~'t'ith Constraints" c>f' ~ 11 t1,t1tt0 as of gay ?, 2()tlfi. '~o appraisal s.~ as submitted for the '.'fcasure; ~t9 review. ('age 3 cif Page 100 The altltraisal sul~rttitted clct~:rrnin€;d the fair market ~`alue €~f the subject Pr€tPerty as €~f i~'lay °?, ?tl(}fi _ stet €.~€~€; year gefctrc: the enactment elf the land use re~ulati€~~~ and €~rte ~,-ear after the cnact~ttet~t as recluir€:d hy~ 4leasure ~€l. This eriteri€~rt is nr~t rttet. Section 9{l3} Highest and hest use. Relief a~° ncrt he granted if the highest and heat use rrf the prcaperty was nAt residential at the trnc the land use regulatinns mere enacted. As Part €t his first ~tea:;ur~; ~7 ciairtt, C`lairrtartt submitted a list €tf' uses that Itad geen established at 5l ~ ti€tr-th Pacific i-Ii~~~•a}° #~r~tr~ 19~~-2t)(3=l anci at 5t)(l-~ l f) '~nrth E'acific Hi~;hwa~ "since gein,g guilt." '~ctne €-~f the uses listed wrre residential. Claimant's submittals fc~r the ~l~:asure 37 claims and the 3'~1~asure =1 rc~-icu~° did n€>t metttictn residential use cif the ~rc~pert~~. C`laimant's al?Praisal sumitt€;d f`€~r the sec€~ci '~~1~ asure 3? c;lai~n €;€~ncl~i€lc:d ihat "[g]a3ecl uP€tn ~<~st, present artd l~r€as~€cti~~e mtrrket actin its' in thy: t~~'€~€~clgurn area, it is €tur €?Pinion that a roereal use cc~mnte~tsurate ~~=ith the C'ite's CCJ zc~nin~ c~ardinanc€~ is art ade€~uate e~€pressic~ €afthe highest an€1 best ~;e c>ftlt~ ~~acant site.." fc~npltt~sis in €tri~;inal}. 'l lie subject pr€tpert~'s l€~catic>rt alse~ su~~e~ts re4icie~ttial i~ rt~~t the gcst use. T'lte sultje€;t. Prcaperty aguts a :;take ]ti;,~l~~~'a} and has Been €,..~,<I €:€3rtsistcntly f'c~r cc?mrttcrc:ial purp€tses sit~c;e Cl:rintartt pur€~hased it. "l~heret~~rc, the highest and Best use is €;€tmtercial an€i nt3t residential. This criteri€tn is ~~€tt met. Cc~nc~usian._,~leasure ~9 Section ~# single t'am~l~ hc~m~s 'l'~~ ge eligible f€tr relic f' under ~~easure ~, al~prc~~ elf 't~€asure ~ ~' claintarttc must meet a( €~f tltc re€iuir€~tt~;nts €tfSectic~n €~. l~4¢ltile the €:lai~tt itteets the rccluirem€:nts €tf ectic~n ~~(5}(a-d and t=j}, it di€l nc>t meet the re€luircments cif See;tictta ~)(~}(~: and kl and `secti€~n ~t ~). Theref'c~r~:, C~'laimant is n€~t €rttitle€l t€t relief' under S€;cti€~n €) €}f Measure ~~. Page 101 F':€~`" ~~ cif ~ ~~~ ~~~oz~~u~.~~ TU: Honorable Mayer and City Council through City Administrator FI~C~M: Natalie Labcassiere, Interim Community Development Director SUBJECT: Assertion of common law vested rights fear the property located at 500-~ 0 and 514 North Pacific Highway and identified on Marian County Tax Assessor`s maps as tax loft 051111E 17BC00200. RECOMIVIENDATION: Direct staff to prepare a resolution denying the claim oaf Gammon law vested rights in regards to the subject property,. BACKGROUND: Mr. Delbert Gottsacker repuested a deterrr~ination of his vested rights under common law. At ifis meeting of September 8, 2008 the Council accepted into the record material submitted by Mr. ~©ttsacl<er, v©ted tca leave the record open fear seven days to allow Mr. Gottsacer an opportunity to submit additional written evidence, and instructed Staff to prepare a memo analysing the material submitted by Mr, Gottsacker, Mr. Gottsacker submitted the following material copies attached): * Cover letter of September 8, 2008 centered into the record at the meeting of September 8, 2008} = Comments on staff repcart {entered into the record at the meeting of September 8, 2008) = Letter of June 26, 2008 with attachments {entered into the record at the meeting caf September 8, 2008 • Letter to the Mayor and Ccauncil caf September 12 A I~ September 22, ~©08 Staff has reviewed all of these materials and has the following comments = The cover letter of September 8, 2008 contained no additional relevant informatitan. City Attorney, At~end~ -tern Revsew: GP~Y Ac`s Page 102 Fir,~;~n Honorable lv~ayc~r and City Council April ~, 2(JQ7 Page 2 • The comments on the staff report discusses the Public Works Department`s desire to improve the water distribution system near fibs subject property, This issue has no bearing on the asserfiion of vested rights. • The letter of June ;~C~, 2~~ with all of its attachments were included in the staff report as exhibit C. The copy of the staff report furnished to ~Ilr. Gottsacker inadvertently omitted the exhibit list, which presumably pror~npted him to submit the documents into the record. The documents are related tc~ proposed ODC~T improvements to lighway 99 and are not applicable to the vested rights claim. • In the letter tc~ the Mayor and Council of September 12, N]r. attsacker refers to being "under the jurisdiction of C:3C~CJT-C~A12-734.051 "and the "benefits and entitlements of the Modified Soufih lJnit Plan for widening Hwy 9~1." Chapter 734, Qivision 051 of the Oregon Administrative Rules is titled "Highway Approaches, Access Control, Spacing Standards and Medians." The administrative rules cited deal with access tc~ the property, not use of the property, ~/ested rights concern the use cif a property, not the configuration of its highway access, plS~USSIt)PU: The previously submitted staff report evaluation the claim is attached for your review. The additional material submitted by IVIr. Gottsacker does not ohange the analysis of the vested rights claim or Staff's recommendation. FINANCIAL !l'VIPACT: This decision is anticipated to have nc~ public sector financial impact, Attachments; Claimant`s submissions Staff report Page 103 R~~`~i ~ ~~~ ti / ~~ Ci S~~ September 12,7(X~f3 7-mays-Additianaf Information: ~~~ Gaitsacker-Measure 49- Camman Law Vested Rig t~ts~~~~~ D€~ICE Madam Mayor and Council Merrtbers: I believe it is in the Cities best interest to grant me my Gammon flaw Vested Rights. f will then revert Back and use the Vvaiver the city granted me in my Measure 37 Claim. Marian Counties first zone Cade. I realize the city is going to use the safety factor whenever they can, but they should be cautious, When Marion County improved Laurel St. it was to Marian Caunty standards, Woodburn wanted it to fie to their standards. Marian Caunty said if they did the work, it had to be to their standards. They were suppose to make Woodburn sign an agreement that if Woodburn ever brought it up to Woodburn standards. Woodburn had to pay far it, they could not charge the property owner far it. f had Mary, City Retarder try and locate it far me, she could not find it. Marian Caunty said if they did the wank, there is a faw that says they have to keep a copy of the agreement, ft has Been sa many years that it would be in their archive. I would be the only person in the city using this code, because I am the only one that filed a Measure 37- claimand received a Waiver, I could do it myself and report it tc~ the planning dept. what I had done. It would be according to the cede uses, and afl listed, very plaint and sirrtple, and save the city saute money. There are many uses I could nett use because pf na sewer. It would all be aver and clone, If the City Council refuses to grant me my Common Law Vested Rights. Beings that I am under the jurisdiction of t1D£fT- C?AR-734-051 f will pursue the Benefits and entitlements a# the Modified South Unit Pfan for widening Hwy 991~. This will call attention to all the property owners in the South Unit from Lincoln St. to the South City Limits, They are also entitled to whatever I am, as long as they are in the South Section artd Adjacent to Hwy 99E. And I would also wait until there is a court case where the City is Liable far the appraised ctairrt damage, where I didn't receive the common faw vested rights, There is nothing that I can see that would keep the City from granting me y Gammon Law Vested flights. Thank. you for giving me the opportunity to pass this information on to you without making it public at an Open meeting. There should be same way that claimants can discuss canfidentiaf infarrttatian with their elected offieiafs, Sincerely, ~~ ~,.._ . ~r~ --rte :.~ "~'.."°,''",,.,. 2it.7 c~,.~M'~~r ref-Bert Gottsacker Page 104 F'UBL1C H~ARII~IG 5epterrsber 8, ~~38 Gottsacker -Measure 49 claim and and Common Law Vested Rights determination. Mayor and Council Mer~tbers. I do not feel the recocrsmendation the staff made on my Common Law Vested Rights is in Woodburn Best (merest. IC is my understanding that the decision on the common law vested rights is tt~ be made by the persons who granted the Measure 37 Waiver, which is the Woodburn City Council. The staff report indicates they did it. I a requesting the Councit Members review the information I am submitting and make the final determination. any Questions. Thank You. C3elbert t~ottsacker Page 105 Septerrrber S, 2t3{~8 Comments on StafF Report, bated Sept. 3, 2t~18. For Public blearing, Gottsacker Measure 49 claim and Vested Rights determination. Comments Measure 49 Sub;ect property t5 xc}ned Cornrnercial, which drsqualieti tt for Relref-SeC.9-+S #2- Eualuation of claim. Property was and is ful{y developed, there would be no construction or commencement of construction on fully developed property, par. 1 There is documentation of other expenditures, if requested, none was requested, letter from Allen lone 2, Q8, requesting l do not semi duplicates of information in file. Par. 2 There wouldn't be any deuelopment after approval, because the property is fully developed, Par, 3 Alot applicable, as stated. Far.. 4 'This is rental property, uses change with tenant. Conciusiorr--= No, I didn`t establish any uses in my measure 37- Vttaiver, because l had 22t3 uses and ail equal to me. Vltoodburn Development Ctrl. gives rrae 4 uses now. The money spent was u~d to protect the 12Q uses l had when !purchased the property. 2. i agree # 3, No deuelapment was planned. # 4. Curbs was around flower garden, Plantings delayed because of sterilization of the soil. # S. I coo{dn't commence anything on the property because of the planning and building departments. They wouldn't approve anything for me, or they would haue suggested tt to me. i understand they were suppose to make an example of me. Thank You, My renters were hawing problems with the sign code, I went to the building inspector wanting to change the roof design, without any questions he said l couldn't do it, tt was against the cede, Ne said he could make me tear the building down, if he wanted tv. !walked out without comment. After that, my Attorney called me again and told me i should have some type of development on the property. This required me to eliminate some of the parking in the rear of the 514 bui{ding. i took duplicate plans of n1y SIX?-5I{? building into Mr. Allen, the building would be east of my 514 building facing laurel St. When I told him i wanted to make an application to build this building, he said ! coulde~'i, it wouldn't pass code. Ne then said, l can't tom your application down, but you are wasting Page 106 your time and money. He told rrae everything he uses going to make do. I told him I would think abcaut it and never went hack, If they would have permitted m to remodel and build, these expenses would have been part of my Common Law Vested Rights expenses. # 6. For aver 25 years, year by year we were suppose trs have water on Laurel 5i. and sewer at a later date. Frank Tiwari wanted my water to come in off of Laurel St< instead of F{wy 99E, I wanted any work like that to tae done before !paved the parking. After Tiwara retared I sent an E-Meal t0 flan l3rc~wn, Paablac YVtarks l~arector, to get the detaals on my water line. flan turned it over to Eric. Eric report. My water live will remain where it is now, They would like to move my water meter out towards Flwy 99E. They ~prould like a Utility Easerraent across the front of my property sra they could connect the Nwy 99E line to the Laurel St line, which is loping their Braes Arad gives them more pressure to fight fires. 1 told Eric I could see no big problerx~as as long as i receive my City 1rVaiver that I received son y measure 37 claim and I am Granted my Cornc+n Law Rested Rights by the eNoodbum City Council. I had been dealing with Rase City Paving for the last year, to hold off until l get an opinion on the location of my water line, And a decision can tray Comrraon Law Vested Rights, but Rose City Pavia~g could wait no longer, the price was going up to fast. My Paving was done Sept 2, [R?8. price $ S,~?Cl.tlf} which, if it hadn't baaen held up by the city of 114traotlbaarn, it wrauld have been included in my expenses. Conclusion; ~n talking with LCDC, I understo€~d the City Council was to make the determination on the Common Law Vested Rights, without the influence caf anycane, I understood it was the ones who granted the Measure 37 Waiver who made the decision on the Corrarnon Law Vested Rights. The person 3 talked to didn`t think I hail any problerras, if l mould trust our city council members, that is why l submitted additional inforrnatican lone ~?, addressed to you the Council t~rlembers. t am going ica submit a copy of it for the record and to be available to bay read by the council members if they haven't react it, Please grant rrae My Common Law Vested rights, so rt won't require me to claim my rights and entitlements for those under the Jurisdiction caf C~I~T --{'JAR?51 under thae 11~,~fifred .south section plan, for the south section of Nwy 99E, between Lincoln Stand South City limits, Woodburn and explain to my aaeighbcirs it's also available to them. If you deny my Commcan Law Vested Rights I will give you 3U days to purchase the utility easement' which is very important to all the property ire that area for the same appraised damages that Woodburn f}evelopment Qrti. did to the subject property $~45,i){)t3,t10. Sia~a;:cerely> ~~ Page 107 . 1. Measure 37 Claim ~r a Numia~r Nh37- 1 Corrtmon tarv ~ R~hts ,tune 2f:~ 2t~B Bear Mayor, Coe~nt~l M+esr~t3ers and Mr. Alert. Mjr Vested Rigi~ C~atirtt ~ fur uses that has al been establ~+ed. T'lte l~toney Sperrlb, was spent ~ protect tt~~f{u,~ ffi~{ed ri hMe~unie~^~7 clM~t€rAttM~1d~.,tt~e Waiver` abed to trte by ttte C~Ly W#.Ft ILiE {~~ #yr~i~N ~r il+~4E[~ ~ M`ST' t++4,LJA~IV.LAJ iJ~ ~~ ~~li ~~~~ ~~~ Appraisal ~ MeaSUre ~~ Filing ~ 'I~'E~@ Report l•e~es ~~ , Copp~t eS, Pt'JSiY,d'~~, $startlps at~C~ Fax Frtaperty tmprovertaents, l.arxJs€:apir~g attt# Cut'b Subtotal loss of rent because planning dept dldtr`t lmr~ C}l~1"'S Modified ~• 99E wirtlr~ plan attd other l:ntitl~mem~ ~arrt+ec! witfi Adopted Mtadified ~rt. TOtal Ay~1~ ~..~.~ ~5f~.t~} 711.tiQ $ ll,t}32,t~f .52,$$f.).IIC! f 3,912.t~ The above ~ a substarrt~l expenditure in C''oocl l:aitlt tc~ sage rrty Property Use Rights, wi#tout these right's tt~e property wed have very littlle value, as Amved ~ appraisal. To maintain the best value ar~3 use wo+rtld lie ~ ~ the present impn~tremen°ts, but this coubd only be dtx~ by obtaining the Common ~r Vest Rests. if l had to follow the Woodburn pnnerrt End' l wow lose the of mY I~P~Y, there was a c~nge in ~ radius of the cx~er, pier' the dit~ecltbn of K?dt7T': E1L1CtT`S safety rules would require ~ to dose ttte drivev~eay La 1»aurel Ave, lose south approach to Hwy 99E if ti was to to the hrtersection cYf Hwy 1~3E and laurel Ave. ~ Rerxiv a tx~al fee of $ L{Xf a eas+emerrt of 153 tt long, between my bu~dl~s and Hwy . , Page 108 P~, 2. `tin the hihv~ay is widened it ~ rat is~ ~ many macs, rt v~uki lx dine by t7-~'. This is based on wtb€urn devespment ard. hY ct~ntir~ens tc~ ei ~ warted free. t am tti{ti Vtt~diauurns Tra rtat~n Ptah w~ras a-c-t ~ ~ CIbCf~"S Mtx! Phan S~r~uth on 99~. AJ1 Pro~rty ~d~acear[ #~ Hwy. 99£ under the ,Itu~+d n t~f C?~`-t~t~R 7 S2 a~ ~ r the ado M€~d Platt and lntitlem wi'+~h are: 1,. Gaaatdrfati~rer apprcractt peranits t+a liwy. ~, ~ quallf~d, ~., Pavpert a€t the } artrt txm'tar witEt c:ity`s current 5etttac~cs aa~i Parkin a+ec~uirerntts aril are Al ~ ruin with S recd f~anenns. ~ llariartce ~ t#te ~ is attrt i'iequir~. ~. ~dewaii~s and ~ ft. ~ lien eta'etittated, 1 filed a rn~ttt~ 37 dim ~ 1=ai#~'t. It urns n fire City's W burnt itrpma:t+Qrdiara aatd mY P~i~l• ~ a Tsai, ~ ~ tradirranr~ diti damage to arty p ty taf $,t"s~la.{1Kt !ry away my use ts. The city to a rtmy 1 felt t#ris bras ttte in ~~~ The t~ty cxtunt~ ~ tse ab~ ~ t~tange their aniatd ~rrtrugtc Measure Q9, c#as'anir~ i d~xfn't Sped i=ncrug ~~~ ~ tt.,,~3,tIQ ~ :63I Z tan ~~ ~ My ~~n tsar 1~iahrea^ ~. -ntis wt`ft force me ~ €anrr rrstr itigtrts anti ~artitieatterrts ux~ugit #~- Naar TranspcratatiEan ~4tlcadifred Plan ftrr #re Lh "oat rrf Nwy, , ~crlburrt, n 97f}71" iii this own up a can gf ~1Vtrrrns €° tl~e 5csutft a~. t atte C3~t3T"S meetia~ ctn n 99E eaneart and lmprtrv arts, Ccr th Sttm~rr of 2 i ~ a c~u of quest~ns crn Prpert~r and whin t area. The pecrp~ ~- was ~ wsx~taurn cxrteldtr't air t~tesrat aaaf ttaey rei~t'red arts ~ an t}l~T nzaanber in Salem, They weave may i~lpful. Vttc~rdburn 1+' in ,~utia sec. r~rt r~quir~ed ts~ ham i+~vrra~ on ewer of` ~ ~, at~t if aim' was ttr require Sidewalks it wauld lae cm the vtt~ Y" 4~CtT ~ not put sallrs ia: fi#ais year, iar their pro,, a.s this P~ is for sa~ty. C1tX~3" v~l rest rte doing aa~rthiatg un ar4y garner, tin Miry. E and laurel St., Here agaht, the Paxrct fur Safety Fac.~tors [3niy. This S#~suid'Cell Us Strmething About Factt3rs" tf you have Mlaneocts questiar~ for C?l%7T, do not call ttte CiIX}T numt~r([3epi} iiraet tapes c~ce of Cc~rxiit~rtal Uses tar a Ctrar~;e Cif Use. They dcr not ywu #~ Qregun Transftortation Plan, if ~u are fmm twat, #~ QtX?T k will bat<k up fire Woodburn Plan, artd ~ a difference, °atlft if ytttt are bt tt~ Arlt~t'~d S~tiort. Page 109 P~. 3. 1 +had a bid on a sidewalk a~u# a t in around rrty ~ beiw~rt eny tarn apprc~ct~es ort Hwy, ~1r. 1 ~call~d CKK~T to make sure t#~ was aru# wa, silks were not required for my Prol~nY= 1 cartce~s# the sidewalk r~tt i~ where t set.. 1 would like to ~ Mme improz+~ts ~ fol+ property, but ~ haxe #v wait arxi ; what l~ppens with ft1}l CQt~i['k'1QT1 l~Mt ~ ~*~+~a ~~'~ C~f tS goir~ ~ dt3 wi'~'1 the 1r l:~e into 1't1~t ~M,i , ~5 ~t'~It'!k ~tWslri w~r~d a[td ~~ the price 8f black i~~ ~ ~ffE)illi_ 11#ei"r ~ t~ t~@- ~~€; ~t~acicer ~~~$ P~tT ~d. ~~ ~setY~kSy !C4re~R 97~I26 a Page 1) 0 ~, s ~ ~, car . ~ ~. E ; ~Y ~r~ n ram ~ ~~ ~ ~ t~u~~ ~ ~.QC~bn of ~~„ '~ ~ '~` ~. o~ a~: ~. ~ ~ pan of ~. :~ ~ cif ~~ d .~~~:~~~ . ~ n T t~R -"!~ nom. `~' Page 1 1 1 .. ..., ~...._ ._ ~ r ~.~...~~_. -. raM~ ri it -... _. .-r - - ,..,...-....~--...-.~ ,_ .. ,,, , _ ~ .... ~- _.. L._~.. ..... _. .... ~i ~1 ~. _. {.~ ~.. 7~L r"'"lLi ~'~ i~ 5ot~t ~~"~ t x7'~Cj`t ~ ~ ~ ~ `~'~'' ~ '~ ~ ~ js r : ' ~ a yy :1 ~ _ _. .. ~ ~ .~. Y ` •- , - _ -: ~, ~ .. .. .. #~ - - it `'~4i~`'"a.~C' 4 ~ .. . .... 3 . ! - G~~~~t:!%;3t for t~ ~` ri ---.r~r t~ ~ti c~` only ~ aT1 °~, ~ ~ tc~ the ~ fio ~e a~'~+cx.~ed Page 112 '~ S ti~S_ .. - ~` ~# '~ Oft ~fl ,::.: ~S ,~ ~~ ~, ~~Ct S itm ~tt~. Qn:~~: ~eCt S~^~r~ttt~t t~t~. -1#-- Page 1 13 ~a- Page 1 14 s -19- nG~ ~ ~.Ye ~ PIS .~ ~, ~ 1 ~~ ::: rte. _ to ~ lD~t~lkl7N~#~l, 14: ~ of ,. ~ It ~ t ~ se14 P1~ta~e ~ - ' a Page 1 15 ~~ ~~ ~ aa~la a aar p~riva t~ p~ {12} "C r~>art%~ c~f`hp,~aways" m~nCs in the 1999 wxy Pte. {13) "Ccat~a° ~ a Tray '~~- ~ ` (I4) "C:cat><~ F~rmit" s~~taaf {' a 1Ctvr A dx " ing att arc ~ ~ ~ " ~1~ ~ time Yr by s and Rcpca~tt~g 1. {lb)'~~" 'a ~~y mac.. (~ ,~ idaa" au ~p~ica~ a~ all ~ d~~~can fiat #~s t~m~cacaQtt ~ 1he ~cl if s ~~~an ` nra~~ ~' {1~ "T.lr.~e car ~" ~ ~'~~ ca~Trauaa~xaa~ican. (19) °ikw~>a~ian" a ciw~x~tuaro m ~ nm a~.~. ~0) S1" " "vc +~C>AIt.) "l3~-t~1-~lQlt~ fi3~-QSl- {~StSB arard T I, 2, 3, 4, 5, 6, '~ & and a a~" ' ' 31 ads mmd F" 1, 2, 3 .4 and s ~a~rt caafd~ ' S1 (2I) 3a-:~ronta~e ,y" n ~n a ' crf ~ tit c (Z~) dvc y I~ tie ' c Y for ~' I3~v" ` cif Dqa~ +o~f T3ran"_ `ae~. ~~ !~w~ty" ~ ~ 1999 s~ c by ~~tsnaa~ardatic~u aaaa~a. ~~ '~' Y~ ~t vt cjn rtn. n~~a fir>r " ~ aQ Fad #~ P~'c~ tae ~ a k. bnt n~ crb ' ~a sell m a p ~ wha ~ ~ ndt ca~-i' ~ ~Y- ~t~ "~a~:aray car ~!! ca«af ma~lway~ fiat ' car k~ tiamt i°a~ ta' mtcn+c an a~ ~xn c~"a at each amd as " ~. a and can a _._„ i% ,, ,~1 .( ~" Page ~ 16 ~-r~o:. I?eces~ber ZZ, 1986 I~+elbe°rt ~otts~tclz.+~r ~iocsdbarxa. 8ealtg gam. hoa 114 i~oodburn, t3B ~ 91'87I ~.~, i~'oodbtsraa ~{~~-SCZ. Pa~fia H~.g>l~~ag Saet harion Coux~t~r CQ 24- F $ flE~ I?ehr fir. Gottsackear; 4u Itermbex 3.2„ 1956, ~csas ~agxxmmr, our Re83.oo fi°rafflc ~t~$%eer, axed 1 met .th gc~t~; ~ dicu.ss the cox~eerns you had ergreased xx gour Segteba~r Iii, l'~#3b Letter ssst the sr~bj.ect proj~sct, ghis iette~c X111 su~~aarisse ouz c~iscossior~ ~c yo~x sad restate the R.ghsrag ~igisi.~ao;s gos~.tiou on the questi+~ua you ached. Pxeseatlg, trether the o+adburr~ l~~L-1<~.ocoln Street ua~.t, ao~c the Lixxcvla Street-Ac~odbu~,csx 8CT„ umit of th+e aub,~act grro~ect are fx~rte~ad for coostrv~ctie~xt; both :ra lista~d 3.x~ the ~evelogs~eot 8ectioa ~tf crnr 1381-I992 .Six 3[ear Ri his Is~~~ro~es~eat 1~'rc~~ras~. As a rasa t o teat ,aor~g rec~~.~sred at oat g~c h+~aearng, the oorttt unit, f'roe, tl~e aortt~ ctg limits to Liacsla Street, rsould res~s;ixt as presented lu the erx~ixo~ex~tal<. asaesamme~att , ~he+ sc-ath tt~ti.t' ~sdeai.og has bee.u adfs.od to stag a.th.a the ea~;st~.st$ right-cif-~ ~ta~p, e~cegt for i.o.isial right-ctf~-~~e.g sat i~ttereitcLi.os, . As goa know, there was 1Ci.ttl.e yr no soggort ausi caaa-- si~darabl+~ c~gguatxoxe to the. soath a~ni.t of the gzoject at the gubl~.c haaring. i~ta~thout strong Ioca2 ~enggort, fros~ bath City staff, elected officials. and citisens in thp~ comsln~ti.tg3 Lbe avcath os.it_:o~tld snot be rerto~ae}eandced for eossstxoetirsn , ~~ Page 117 "" Page 2 {?rxr prt~,ject records ahoy ycuu :re supportl.v+s ttf the north wait and oppo~red Lu the. s~ttt~ ~tuit, beoause of the i~atpact it has ox~ your basinas property. Yoe ~ may h+s assayed that •itho~xt strr~o,~ local sfxpport ~t~r the sorsth unit, it will not ~Se .constru~eted. Siucezely, ~_ ,~~~ t'..- Kenneth ~. ~uabg 88t~It?i ColiBYi~iTCSZflp ~~6I 88 GBH/kjp cc; wry Potter Yraxtic T%aari, Cs.ty tsf ~oad~-ar~x 12 x.~Y~ ,~, Page 1 7 8 p~~e~ nt ,. Bg ~t.r~ ~ea~as si~a~ulyd the pres~~+c~ o~ vur crews die ~c+~u~st~c~aed arc groa£ t~~t we arm p~rrsce~edisx~ with cot~strxxc~~.u~ ~f the ~c~c~t°~ iTnit. To ~ea.~er~te~ Yca~ may be asas~a~ec~ the ither~ ~.~ ~cI spps~r~ ter es~h t~rt~.~ is~xx i.`~ ~~ rs~~~ca ~t for c~~ast~t~~~.c~r~. aittc~r+~ly, R nett B. ~cxsby BS~~9N ~fl~S2RTJ?IC3~ $Pi€sZ~i~.~~. ~~S;drn cc: C3~arp ~'~~tez' P'raxt~ fii~tsx~~ C}32€Id2 Page 119 can 1 ~v +~nt and n~~rc~vernen~ ~,s cis ~ n ~ ~P~~ ~ Armors 1~ vvv~ 1~ ~ sin ,t~24.f~ t~ ~.~~ cwt • ~~ cxins~vc cx~st ~~~ r~ ' ~ or ~-~~- xrwN~r Page 120 1 of 2 B+~t G cker 70: rte.` n.~ ~ Thr~ty, {~, ;t#2 Plt Su Traffic ! Fie lti~tt I recd bwh ~f year ' ~y w~i ~ ~ ~ ~xu fia, tx'x7T' w7i do ~e " c~ ~9E tram ~ the city Its b~ ~ + ~ bans ~ ~ #be c~s'Un ~ ~ £~r fire ~-5 ~aa £}I~3T has acct givesa tfze City "s~~r~a co dct ~ ~uwi~tin~. Ra~rndaIl P.E. Pub;3c ~ Ptsp~tt 2'7#i cry ~ t)R. 97UT1 (5Q3) 2: 5245 Fax: (Sf~~) 98Z-S~2 PUBLIC R~SGURI.IS LAW T1L~CT.:C~tIRE 'Ibis ~ i~ a pe;c ~ taf itt~e C~ of W at~tt is ~ pcs~ c+c ~r~ u#~r R~rlec L~xar. 'Ibi$ is ~ #be ~. 31i ~l2{}08 Page 122 ~~ ~ ~ ,ter. ~'o: ,~ ~~, ~: ~~ ~~, ~ ter. ~ ~ ., ~~ a ~~_ 4 ~ ~;~.~ ~~ 3'7~ If y+o~ nak in Y'om' c~vetaea ~ tad cxt a ~3'J w, yet 1 ~ c~e~' #?. `s ~ ~~~ -3•-- _ ~.__ ~ ~. ; ...: . , ~ :~ ~,~...Wz~ _FE~~ ~y~tK.,~~ ,eau ~~ _ ,. ,~ ..,, _ .~ a ,: 1~ oca~iz I StfE~t tit €~~ CfE t~xr a M49 bcneftt. ; :. '~b t ._ .'. ~'i2lC7 ~1~ Qti'12~$1~'r ~~ ~~ Page 123 ~~ .s r ~ ,r... ~~ g ~. $518 P~"t' .~, _.. _ ___,.. _ w . ~. .__- R~:- I,,i` ~ ~'~` ! ors ~. ~i~`r ~'~ ~~ ~ ~~ ~1~R ~1~~ ~ ~ ~ ' ~~.....- . ,~ -- ~ _ rv. ,.=° _. ~, .,_. ~ ~...._. s.~- _ _ - .. , ~ _ _ .. _ .,.,. _ `.gym ~ -- ~. ~. .. .v »lt~1 t1D ~1e tamer' ~' a .~ w~~, # a _ ,. ,_ ~ ~ - __ .. _ .,. _ _ ,~ .... .~~.es ~.. Page 124 .~. Ylfl~'e~'x ,Ate ~' C'IT'~r' ~F` V4`t1C~L~BL~R~'~1`, C}REI~t~V CI~`~" CCIi.~"~CIL `~te~fl° repcar't cif' ~epterxil~er ~, ?f#t~f~ 'car pril~lie hearirlr~ can ~epten~ber ~, vttt). General I nfc~rmati~n C~l~imant. Iel~aert Gc~ttsacker ~~ I Parr Read '~ E Geri°ais, f~R ~~?{~2fi Subject Pre~pertt': "l~he Pr'€~pert~ is lucatecl trt fit)-~ l t) and > l ~€artlr l';:reitic Hi~h~~a~• anel c:an ~~ iclerrtii~iecl can ~tariun C'e~unt~;' Ta:~ :~ssesscar's rrraPs as tax lcat f~~ 1. V4' 1 ?BC flf)Zt~ft. \~turc crf the ~~ppiicatlon: C'lairrtant ree~ests a final €ieterrnintic~n eaf his rights rrtrder Ballet ~~eas€rre -~~) arre~ a €3etern~rinatican c~fhis ~~e:stecl rights u€ler ccanrn~cin la~~~. ~`e3n€;liticrn crf t;f~c Prerper~: The subject Prc~pert~ is z€~rte€,i f.'c;rrtrxrerci4rl C~erreral {ChC~) final is cles~;nated ~csrrrix~ercrial can the C'€~nlprehensi~.e Plan ~ia~~, T1re site is f).4l serer and is catrret~tl~ cle~ elcaPecl ~ ith tLG'(?~ Caamnrera:tal Str'Uctllres. ~itirrt"rirtti~tilk~ ~"lril~'it,rttt;4 i3rt;: ~;aaneai ~c~rrrn~er€rial ~€:nerr:~l (~`C) anal are alei~nateel C'ur~rrrterarial can the C`earr~Prel~ensi~°e t'lan '~~riP. tics sit~rificant freers exist c~Tt the ;sitar, `vc~ ~a:~c:tlarieis (per the ~'c~eje~l"arrrrt La?cal ~~`etlatrci Inr errt€an~ rrraP} €rr fla3€3all>taiits {,Per t;rre Pe€ieral lrirter,eney :'~lan~i~;enrent :1errc~'s I~ Icaaacl lr~srzrana:e Rate ',"tap, Panel t:~i ~t~, clEitecl ~anera~• l €~, Zt}t}t!) exist err the site. Bail©t 'Measure ~#9 Ballast 'Measure ~9 l~ecarrte eftecti~°e Carr 7ei;erxl_aer fi. ?Ofl7 and elintinate€3 certain de~~€:Icaprrrt;rrt rights estalilisecl ~° ~~easure :17. f)f`Particular impc~rtanee tct Pity ~cak°ernrrrents, ~rleasure -~~.? serfs firth certain rce~uirernernts rc~;arclirl~ ?~1e~asurr: ~7 ~~~ai~~ers fcar PraPer-tics ~~~ithin cit;~F limits. Secticin lf) requires the (~ity ter t°ek~ieu~ all pre~-ic~tusl~ aPpr€a~°~ 'i~~easure ~ i claims tca clettrrtrine r~etlter they alualif~' f~~r reliefuncler Section ~ caf'l~'leasure ~€3. Sectican ~) sets ftarth crit€;ria fiat the estal~lishertt c~f'a irrrtite;cl nurirher €-if`5irr~;le-ftily betimes a~rr pr€rpez`ty, ~elcliticanall~, 1:teaseer€ qa1 Secrtiaarr ~f 3 } pr€~~ isles fast a fir€apert~° ci~~~rrer ~~~lrca l~c~szt~t a u4e Pursuant t€> .r Pricar :~~easure ? ' ~~ ai~~~~r tca c€arrrplete anaf ce~ntinue the use if tlrc e>u~zrer can cletna~n4trate Ire: has a c€arrra~rt lar~~ ~axsteel ri~.ht in the. use as aa~'thc: e~feeti~~e date caf':lfeasure -Iq (Lleccrml~cr 6Y {)()i). I'.~~ey I c~i' Page 125 CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. r^._"'r _ NAME: ~ ~S~ L al~~t G /`~..~ PHONE #: S ~,~ _. ~'~" - ~~:~~. ADDRESS: ~.S ~ ~ 1 V' ..5, ~K.,j ,~'~; ~~ °i €_. , "t"°+ ~~"`'t. '"r ~,'` ~~ P T AGENDA DATE: ~d ~ ~-°~'~r AGENDA ITEM #: ~ ~ COMMENTS: 1 "~ ~ ~ ~'' '. ..~: ~;.~~"~ ~- F C;,..'~,_ u,;. ~ ~ - ..rpf~ _ ~ ,tf l../'~ ~:::.. ,;`~r- ";°' / fi , it r ~ z;,~ ~.~ ~ .. ~~.._ FOR OFFICE USE ONLY: Follow-up: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to cocmmmencin(teth s pod,onrof~he' Council'stagendl ate Comment(timepmay be card to the City Recorder pnor to g limited by Mayoral prerogative. PHONE #: ~~~ '~~ ~~ ~.~~ " NAME: ' FOR OFFICE USE ONLY: Follow-up: ADDRESS: AGENDA DATE: AGENDA ITEM #: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. j l y NAME: ~C~ Y' 1 ~S ~ / ~.1~- / ~ G `~J,s~ .., / ~, PHONE #~ ~ ~''° (`~ ~ ~,~; ._.. .,.. ADDRESS: AGENDA DATE: COMMENTS: AGENDA ITEM #: ,...._ .. ._- _. ._. I I FOR OFFICE USE ONLY: ~ I Follow-up: CITY OF WOODBURN CITY COUNCIL SPEAKER CARD Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. NAME: ADDRE~ AGENDA DATE: ~l ~~~-- AGENDA ITEM #: , ~ y~ COMMENTS: ~J y~, G~''~~/l7 GPV ~ ~ _ ~~~'_ ~"! ~ G2 ~ ~~~,5 /:S L /'l I I FOR OFFICE USE ONLY: I I Follow-up: Order No. 0713758 ' Page 5 !` ° ' -.. Exhibit "A" Beginning at the intersection of the Easterly line of the Pacific Highway and the North line of Lot 2, Woodburn Fruit Farms, Marion County, Oregon (See Volume 2, Page 20, Record of Town Plats for said County and State); thence East along the North line of said Lot 2, 250.00 feet; thence Southwesterly parallel with said Easterly line to the Pacific Highway, 100.00 feet; thence West parallel with the North line of said Lot, 250.00 feet to said Easterly line of the Pacific Highway; thence Northeasterly along said line, 100.00 feet to the place of beginning. Save and Except that portion cor_veyed to the State cf Cregcn, by and through it's Department of Transportation by deed recorded August 8, 1991 in Reei 874, Page 414, Film Records, Marion County, Oregcr:. ~ ~ %~? V'JQODBURN COMti'tUN{-1-y DE!/ELOPrv9ENT DEP?. ~~'a' W og ~BUxN /~~u~w ~~s~. September 17, 20038 TO: Nanarable ~vtayar and pity ~at~ncii through City Adrninisfr~tar FROI~t; Natalie ~abassiere, Interim ~ammunity Qeveiapment Director SIJJECT: Planning Commission's Approval of design Review 2{3Q8-Cl3, located at Highway 214 along the S-curve (approximately 19QI Newberg Highway}, tax tot Q52YVl2DAfl1 bQQ, RECC~lV1litltlNC?ATtC}N: Na action is recamrr~ended. This item is pieced before the Cauncii far Enfarmatian purposes ~n carnpl~ance w=th the ~aadburn Development Ordinance. The Council may coil up this item far review if it desires.. BACKGROUND. The applicant requested a Design Review far a new 7,992 square feat single story medicai~pratessianal office building in the Carnmercial Office NCO} zone. The Planning Corr~rs~ission approved the Design Review subject f® cor~ditie~ns. DtSCUSStON: Nave. t=1NANC1Al. lN4PACT; This decision is anticipated to hake na public sector financial irr~pact. ~~_ Ac}~=<~e~ ifern~ ~~:v"ew; C~'ity Ac3s~inis~rest~ ~ ~, ° ~=€~y F,' ,`~ ~' „ '=irc~=~c:~ Page 148 Honorable tvlayor and City Council September 22, 2008 Page 2 The additional funds request was prepared in march 2008 based on operational needs at That time fio maintain staffing level requirements for a level IV plant. Currently, the City has a wastewater C7perator I pan staff but tc~ meet state requirements, we are in need of the new position to be an Operator III rather than an Operator II. Staff recommends the upgrade ®t the near position to a VYasfiewater Uperafic~r III which would then require an individual to possess a Class III vVastewater operator certification. FINANCIAL IJVtPACT: stirnc~ted financial impact aver the budgeted am®unt fc~r 8 rnonfihs is $1,537 {$1,240 in wages and $297 in benefits} whereas annually, based an current year budget projections, the financial impact is $2,305 (~1,8~0 wages and $445}. The additional c®sts for this position upgrade can be funded through savings tram not tilling the position at the beginning of the fiscal year as planned. Page 147 ~~~~~~~~ A~~. r~ SeptE'rTlber `~ ~Q~~ TO: Honorable Mayor and City Council through City Administrator ~IIA: Scott Russell, Interim City Adrr~inistrator FR{~1v1. Dan Brown. Public ~lorl;s Director SUBJECT: Position Upgrade: Wastewater Operator 11 to Qperator 111 RECQAAMENDATION: City Council authorize the upgrade of a Wastewater Division Operator ll position to an Operator III position. BACKGRC?UND: During the Fiscal Year 21JQ8-0~ budget process, the Woodburn Budget Cor~~mittee authorized the inclusion of a near Wastewater Operator II position in the budget with funding tar this position to be effective on July 1, ~ClUB. The City Council adopted fisaol year 2008-t~9 appropriations on June 25, 2{}C}8 thereby allowing staff to till this r°,ewly funded position. DISCUSSIQN: Under a state statute provision, the City's wastewater trec~tr~~ent plant is a Level lV plant thereby requiring the City to have a certified Class l~ Wastewater Operator on staff, however, a certified Class lIl operator can be used as back- up for when a Class lV operator is not on site. The treatment plant is a 7-day opert~tiQn and we are in need of hiring a certified Class l11 operator to facilitate operational needs when our Class IV operator is not available. The job classifications far Wastewater Operators Il and 111 are almost identical with the Operator certification required being at the carne level as the job classification requirement. On the AFSCP~IE salary schedule, the pay differential between the two positions is 4.7~a which is riot an unreasonable pay differential when considering the additional training c~nd experience necessary #o obtain a Class 111 certification. Agenda ;~~m, F~evievv: City A~:r~in€slrat C;~y A~~~~rn.~ __ ~inanc~'_______ Page 146 T Y~ ~~ v ~ 7 4REG4N LIQllQR CC3NTROL CQM~ISSf~N ~-rr~~rvr Q~ r~i R~~~~D f, - ~, lit~tlc~n is l,~eing, m~~~r_. t"t~~ crrx,alvli} cot~rm usl~ ol~~.~r k.ICENSE TYPES ACT1t7NS The city cos~nc€l or county cor~s~n€ssion: ~J Full 4n-Premises Sales (~4Q2 r) ~ Chan 6t#l C? hi . y ge wners p n Commercial Establishment .$ New Qutlet { ame of ~Y ~ etxrnty} ~ Caterer D Greater Pt~ivilege recommends that this license be: ~ ~aSSenger Carrier t~+. Additional PriYilege C1 Clttter Public Location l Other Granted ~ Denied ~ `~ lariYate Club ~~/; Ci Ltmtted fln-Fremtses Sales {$2U2.60fyr} (mature) (date} '~`~ Premises seise ~$1{}~lyrJ Name: o with Fuel Pumps ~ Brewery Public l-lousa ($252.6E}} Tile: ~ ~ he~ (25QIyr} o~cc u~~ t~ ~' ,~ ~ ~ ~~ ' Application Rec"d by: ~ ~.~./ ,.~` .- ~.' ;~ i ° ~ ~ d t ~~`` ~lndividuals C~ Lirt~ited C~ Corporation ~ Limited Liability e: a ~ ~; Pa~trt~~ship Gczmpany 9G-day au#hority; Q Yes ©No ~. Applicant(s~; jSee SECTl4N 1 of the Guide 2. Trade Name (dba}: r-~ 1"~~'~?i~r~r,- ~ ,~.=z~~¢~ ~ f~-- f- ~; ;¢ ~ ,~ 3. Business Location; ~~~' ~, ~-~~`°~'`~ w'~ ~.>;,..~~~~-L Glys~G~~-'.1~.` M=~ ~~+~~,. ~ ~ ~°~?uru~~` C~.':.'~°'~ {number, street, rural route} {city} {county} {state} {ZiP cads) 4, Business Mailing Address; ~ ~~- " ~ Lit ~ ~ ~'Ca1t~~',11v; ~ =L-- `j'~G''~ {PO box, number, street, rural matte} {aty} {state} {ZIP axrde} 5. Business Numbers; t~ ~ t 1~ :~~ t.'cG ~ ~ ~~ ~t~- ~-/f l>fi„ ~~i,~ T ~ :~ ~ c ~~ ~ ~, ~~ ~.. `~ / ~? {fie} (fax} ~`z., m ~~I y c.:~s ~''f ~ sws 6. is the business at this location currently licensed by OLCC? Yes '~No 7. if yes to whom;. _ ~~~~~ Type of License; 8. Farmer Business Narne;=~ if 9. Will you have a manager? Yes No Name; {manager must 611 out an individual history form} 1(}. What is the local t~oveming body >n~'lere youF business is looted? tA~#: C ~ t>~` ~ +~,' ~~t ~, ~(f~ lZjirYci C t ~.` i {Warne of or c~+un } 1t. Contact person for this application: ~- f!%~4=~ ~ f G c..t= S ~~~~ ~` `° ~, ~- G, j ~' {name} ( s number{s} {address} ax number} {e-malE address) l undsrstartd that €# my ans~nrers are not true and complete, the t)LCC may deny m license application, Applica Signature{s} and flats: ~ {..r ~ ~ ~` ~, ~ r° i ,~ ' ,~ ~7R~~'?!tl CIE~t>fJl3 CC~I7RC3t. SKIN Ott CL ~ t,~tUt ~'~„'~ C~~~~' ~' ? ~~~ ~ ~ ~~{~~~e ~~~~~Z~~~wG lfi~J22} x+wyv r~lcc.statxe.orus ~~E.~~~ Fi~''3i?~~~ ~ C?FFICE Page 145 Agenda Item September 2, 'Zfl08 Page 2 The space far the proposed Market and Deli is currently vacant space formerly occupied by Salvador's Bakery #!~. l~doodburn Community Development was contacted tc~ determine it the location met code requirement for the proposed business. Vde were advised there were no issues with the space being used as a market and deli, the business space meets building cede requirerr~ents. The Business will be open tram S:OQ am to 2:3Q am Sunday through Saturday. The business will be operated as a grocery stare, there will be a small seating area for deli customers and alcohol will nc~t be served on the premises. There vein be nc~ entertainment or lottery games ©ftered at this location. ~tCC yeas contacted regarding Phis application. ~1e were advised the application was still pending but they did nc~t foresee any issues with the application being approved. TF~e Police Department has received no communication from the public or surrounding businesses in support of car against this application. piS~llSS1flN: The police department has completed a limited background investigation on the applicant business and found nothing of questionable nature. An in-depth investigation was completed on the owners, no offenses car items of a questionable nature were locafied that would preclude a license being issued. Under- the criteria identified by the C)LCC and adapted by the City Council 1 find nca reason that council should not recommend to C~1*CC approval of the application. FINANCIAL ~Mf'ACT: ~~one Page 144 September 22. 200 TC;~: Honorable tvlayor and City Council through City Administrestor THI~U; Scott D. Fussell, Interim City Administrator FROtvt; Thomas P, Tennant, Captain S~IB.IECT: Liquor License Application New Qutlefi Off-Premises Sales RECC?AItI~ENC}AT1C~N: The Woodburn City Council recommend that the C~LCC approve a new cutlet application for lmperia! Iv4aret &~ Deli, BACKGRQlJNI}; Business: lmperia! t~iarket ~ Deli 320 l~lorth Pacific Hwy Suite 120 VVoadburn, Oregon 9T071 Owner; tvlorc~les, Carlos ~,. 1269 Qalia St. Woodburn, Qregc~n 97071 Qwner: Morales, Anita 1269 Dahlia St. Woodburn, Oregon 97071 License Type: C)ff~Premises Sales -Permits beer, wine and cider sales for ©ff- premises e©nsumptiQn only. Qn September 2, 2008 the Woodburn Ptalice Qepartrnent received an application requesting approval for a new outlet license far Imperial tv~arkef & Deli Ipcated at 320 North Pacific Hwy. The license type far this business will be C3ff-Premises Sales. Age.~a Stem Revievt: Cv"sfy A~r.-~ir~s#rcztvr . __. ``~ C~~ty Aticaer~ey ~._~'~"~ Fi~;an Page 143 ~ ~ OREGON LIQUOR Ct~I~TROL COMMISSION '< f 1~~;,i l L.Ct~QF~ L.I~~~IE APPL~ATIC~ ~ ~.,4_=~ ~-. ~~~~~, ~~~ PCEASF PR11VT +QR 7'Y~'E ~ ,~p~licatian is I~etng rlls~de fcir: 1~ ~ LICENSE TYPES ACTIONS CITY AND COUNTY USE ONLY ~~ ,: city cauncii or county commission: Ch O hi P l ( l ange wners ls yrj Full On- remises Sa es (S4Q2.6 } Commercial Establishment ~ New Outlet {name of aty or county} t~ Caterer ©Greater Privilege recommends that this license be; ® Passenger Carrier ®Additiunal Privilege Q Qther Public Location ~ Other ~ Granted ~ Clenied D Private Club -. By: C~ Limited t:}n-Premises Sales ($202.6tJlyr) {s~nature} {date} El t'?ff-Premises Sales ($1t1€}tyr} A Name: L~ with Fuel Pumps ~_ . ° " °~ t Trtle~ ©Brewery Public House ($252,8 ~} ©Winery x$25{}lyr} Other. f~ ~~~~(Itit,~ ~S: ~ OLCC USE QfiII.Y" Application Recd b ~,,~,,,~ ' / T i individuals Q Limited ~ G exporation , Limited Liability Gate: #~ Partnership Cc~tnpany 9t}-day authority: q Yes ~ No 1. Applicant(s). (See SECTION 1 of the Guide] 2. "Trade Name 3. Business ~~~Q r~ ~~.~ ~. ,~. i!~,~ ~i'j W ~t~ ~I b 1 {number: strr~et, rural route} {city} {county} (state} {ZIP code}. ~, Business 1ti3ailing Ae#dress: ~ ff ~ ., ',~'` ~ ~' {PO b~, number, street, rust/route} {city} {state} {ZIP code) ~. Business Numbers: .~ ~ -~ ~ - ~ ~ "~ {ptsone} {fax} f. IS the business at this location currently licensed by OLCC'? Yes ©No ~ ~~ ~ ~ ~. If yes to whom; ;~ Z~1,.~~~1. - G -~-1~ ~"~.~ ~ ~~ _ ~ ~-~. ~ry~ o~ I_i~e~t:: ~. , - ~~~~~~ .~ ~~~ ~ ~ 8. Former Business Name: ~ ~ - ~ _° 9. V~fill yetu have a manager? }Yes Vet Name: , ; ~.~ ~ ~_ ; c~~ ~ ~,~; i?~ { ~ ° ~ ~~'~ {manager mustlfistlout an individual history form} 10. VYhat is the le>cal governing body where your business is located? ~~~ t~r~ !~ ~_~' / ,r~ {name of city or oe}un ) 1?. Contact person for this applica#ion: _~ ~ 1'' ~ -- ~ ~` ~' ~ ..~ #~ {name} ~, ~ {phone number{s} (address} ~ ~ , ~-~ {tax nu~~r °° (s-mail address} ~, w,$ 1 understand that if my answers are not true and complete, t~t+~ I:CC may deny rr~~t~s~ln. Appljgant{ }Sign refs} nd Da#e: CAEG~I~ "~1;~~ ~~°~~! C:":=`'~"~Si~ x ~ Qate ^C`~ '*~ n ty r 1 i ~n~tE' ~ ©ate ~ 1~8~e 1.8Qt~-452~QLGC ~fa22} ;~~~M RFG~QN~~. CFFI~E wr~rw. ofcc. s to te. or. us Page 142 tvlayor and City Council September 22F 2fl08 Page 2 Can September 2, 2008 the V~loodburn Felice Departrr~ent received an application requesting approval for a full on premise license tar Jack's Pub and Eatery. The business was formally known as dilly-Q-Deli: & Pub, the License type held by this business is the same license type being requested by the applicant. During the last 12 months the Police Department has responded to four (4~ calls for service from dilly-C~-Deli, none of these incidents would be grounds for denial of this application. The business will operate Sunday through Saturday, between the hours of 8:00 A1v1 and 12:00 P The entertainment will be recorded music, I®tfiery machines, and coinwoperated games, The police department has received no communication from the public or surrounding businesses in support of or against the application. ©1SCUSSC7N: The police department has completed a lirr~ited background investigation on the applicant business and found nothing of a questionable nature. An in- depth investigation was completed on the owners and no offenses that would preclude a license being issued or iterr~s of a questionable nature were located. lender the criteria identified by the C?LCC and adopted by the City Council l find r,o reason that council should not recornmond to C~CC approval of the application, FINANCIAL 1MFACT: None Page 141 ~~ ,J, September 22, 2008 TC: Nanc~rable J~layor and City Council fihrc~ugh City Adrr~inistratc~r TNRI~: Scutt D, Russell, Interim City Administrator From; Thomas P. Tennant, Captain SBJI=CT: i.iquor license - ~han~e of Qwnership - Fu11 QN-Premises Safes RECC?MMENDATiflN: The V~ioc~dburn City Council recommend that the (~regor~ Liquor Control Commission apprr~ve a liquor license application For Jacks"s Place LLC Change aF C~vvnership, Full ~Jn-Premises Sales. BACKGRC3UfV~}: Applicant: Jacks Place LLC 2267 Country Club Rd. Wc~adburn, C3R 97071 Trade Name: Jack"s Pub and eatery 2267 Country Club Rd. ~1oc~dburn. ~r 97071 503-539-0926 Qwners; Jack M. Babbitt P,C~. Box 313 ~lagdburn. Cdr 97071 License Type: Fui1 an Premise Safes -Allows for fibs sale and service of distilled spirits, malfi beverages ar~d ovine For cansumption can the licensed premises, A~~•r~cfc~ ~er~~ ~e°riew: Cif,, A~.i~~~ir-~stra}car 14~ `~"3?y A~Ec;rr~~y!"_'~"~' Fi _.__ iv^' Page 140 ~,'", r .° * ~ aREGQN L.dC~IJ(~F2 ~C.iNTRt~L ~QI~1N~1~SC~1~1 ~ ~Htnt;f v~ LIGE!NSE TYPES 3-3'Ful( Can-Premises Sales f~~62.5C1yr} ~ Go€rrrrrerciai 1^stablishment Caterer J Passenger Carrier ;, Other Public Location 3 Pr4vate Glob Lymited Can-Prem#ses Sales ~$2Q2.6Ct~YrI J Qfi-Premises Sales f ~' (7tl~yrj with Fue( Pumps Brewery Public l`iqusd~(~252.6~} Winery (Z~Cl1yr1 `4 s J C3#.her: ~~~?..ng as: ACTIUNS 3'"Ghange t~wrership 3 New Qutlet Greater PriV€1£L,~e Addtror'ai Privilege t'ther Limyted ~ Corporation ~Urryted Latril~ty .~ lydivictuals Partnership Company ~oR ct xtat~ co~ll~rr use a~~Y The city council or co~snty comrnissicn; tnarn~ ~` r.~~r Gr ;.~ar~t}~? recommends that this liceryse be: Granted ~ ~enred By: #stg~~lur~ Nar'ne: Title: uatet O~CC USE O Y App4lcatic~n F2ec`d by: 9~-day athgrity ~ Yes :~ N4 . Entity qr [r~dividgtua,,~.ts~~ap~s(y~rg for tE~se lic~:nse: See SEGTiC3N ' of the Garde] - ..L~[°? !ate -~-~;~~. ~ ~ _ .a _. z 2. Trade Name ~dbal-_.e.~~~'-~.~t~.L3'1_~'.-....._~ 3. Busyness Lgcatogn f~.'~~~ N~'~'•~"~~~' ~:~'~ mS~~ _._..Y.,.. ~}'"~~~_:~ ;Purs?ber ~t eat nary( resute': (=.~#y` f,:;;ur#y; (state? Z:P cc3c°;~°. ~ Business h~lailing Address: sgv'rt £' ~~_______~___ ee__ ~.. ~ _ _..._~.. _ __ ~.~__._____. S r3 £ ~r€>x ??t3:"^~3es 5$~'~~r. 't;[~I ~'^u.~; ?(„lry, 5E8'e i~I~ vy'.: s~p 5. Business Numberst ',1~`~-_~ ~'~_~ ~~~J __.._...~_ ~m._.. __._ _ _,.__.~r_~,_._.- 6 is the business at this locatigrr currently licensed by Qt.GG? ;~es ~l~lq ?. 1# yes to whom: 1. r?~~vt C'4 ~gv '~ s~v~ i ~~__ ~.~...~. p Type of license. 1~ t~ ~ ~ t;? tt ~C G~ - S zS 8. Farmer Pusirtess Name Alt catr'~ Q ~^ ;'"~`~- s ~•q ~'ca+re-'~'i rt,q _ v..._ `~ Will yqu have a rrrar°ager? `~lYes ~'Vo Narrte -~~= = ~ ~ y-?'~" ~`~,~. t ~ °' ~,,~.~, ,rrana~~r °^ust }fl ~;ut an ~ndi~y~dud[ histe:4 flf . _t ,t}. What is the lgcal ggverning body where yr~ur business is lgcated ~ ®~~____"'~" c-~ ~"`~ c-DC~ ~~r~ e~ame ~f v y sir rt3U!~tyr -~ ..~._._ _..~, 11. Cgntact perst~n for this application: pS c ~tcx~2a1 C"Z~. __ ~~3 • 5 1 - ire 5£f 2 E arr°:e; t~hane(numberr~;F 1 ~tat:~r.~, ~ gjYt~2 r,rs~.n t~ S E~ ~ trS~ ~+~~ `~~t1 C~'~1~it~ ~6S44OK~tC_~ ~~'gS+RtC'~~s.i+~S~*t~t ~sd~ress~ y~q~,~ t'sq ls~+. ~'"~;~131 €.~x r€umber '~ ~ (e mail ar3dress ~ . +1 ~,~ t understand that if my answers are not true and complete, the QLCC :nay deny my license application. App ican#{s igr~atttr' s and C! e: r ~-- - _ ~- _.__,- ~_r _. ~%3'ry~: lw:c~tie~i~ e;+,:~i~~rtn. ct~taul~ -- _.. __ __ ©ate ~, ~... ... __ ___..._._ Efate _.~~__..~ 'I.800-452-t3LCG ~fi522~ rvww.oregon.gc~vlo cc Page 139 JAL 1 8 ~ rev ' 2 `~?,: Mayor and City Council September 22, 2008 Page 2 Margarita's. The license type will not change. Margarita's 1*a Cantina currently has a Full Qn-Premises Sales license which is the license type being requested by the applicant. The business will be open from 4:00 pm to lO~OQ pm Tuesday and l~lednesday, 4:00 pm to 2:00 am Thursday through Saturday and will be closed on Sunday and Monday. Food service gill be available while the business is open. There will be no live music, or video lottery r7'iachines in the business. There will be outside seating available, C~l_CC was contacted regarding their requirements for outside seatingf we were advised they had approved the request as the business had a plan in place to control the c©nsumptian of alcohol in this area. Woodburn Corr~munity Qevelopment was contacted to determine it outside seating for this business was within City rules and regulations, It was determined the outside seating area meet with City of Woodburn requirements for outside seating. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. QISCUSSIQN. The police department has completed a background investigation on the applicant Business and found nothing of a questionable nature, An in-depth investigation was completed on the owner and no offenses tk~at would preclude a license being issued or items of a questionable nature were located. Under the criteria identified by the QLCC and adopted by fibs City Council I find no reason that council should not recommend to C)1wCC approval of the application. ftNANCIAL ([1APACT: None Page 138 e,. ~~~~~~~ Ate- iz~ Septertlber ~ X00$ TC~: M®nc~rab#e lvtayor and City Council through City Administrator TNPU: Scott D. Busse#l, Interirr~ City Admir}istrator Fl~(JM: Thc~r~as P. Tennant, Captain SUBJECT: Liquor License Change of CJwnership -Full On-Premises Sales REC4M11t1EN1~A71QN; The VVc~odburn City Council recommend that the C~LCC apprave a Change of t~wnership application for Margarita's ul# Can-Premises Sales. BACKGR4UNR: Applicant: L~ancin Bear Properties 1593 Mt. Hoed Avenue oodb~~rn. Cdr. 97071 BusirEess: Margarita's 1593 f~ttt. Nood Ave ~Voodburr~, Cdr 97071 503-759-4100 owner: Mackey, JacE<ie Lynn P.C~. Box 1891 1NiElsonvile, ~r 97070 503-759-4969 License Type: Ful! C?n-Premise Soles -Permits beer, wine, cider and hard alcohca# sales for on-premise consumption on#y. tin August 26, X008 the Woodburn Police Department received an application requesting apprQVal for a change of c~wneeshlp for Margarita's La Cantina located at 1593 tv1t. Nood Avenue. The business will nc~w be operating as ~,g~nda lten€ R~vi~w: City Ac~r~tn~strc~tc~~.,•~ ~`~`Y ~,#`-~rn~~/~._ Fine-,ce~ Page 137 Honorable tvtayar and pity ~auncil .lure 23.2~{J8 Page ~ The project as approved in the 2~~8-g9 capital Improvement project budget was to construct surface course and Evil depth repairs, replace damaged ADA ramps, construct driveway approaches and same curb lines. The contract award is in conformance with public cantracting laws of fibs State caf C?rege~n as outlined in ~I~S chapter 2790 and the haws and regulations of the City of VY®odburn, therefore, staff is recommending the contract be awarded. FINANCIAL IMPACT; The project will be funded using approved StreetslAlleys~Sidewalles Fund ~ 169) as identified in the t}8~09 fiscal budget. Page 136 ~~~~~~~~ A I~ September 12, 2008 TC~: NQnc~rable Ivlayor and City Council through City Administrator In Capacity as Local Contract I?evievw Board FRC} Dan Brown, Public t~/orks Director SUBJECT. Award of Construction Contract for Stacy Allison 1Nay and Lawson Ave, Resurfacing Improvements. RECQI~IMENQATIC3N. That the City Council award the construction contract for the Stacy Allison ~Vay and Lawson Ave. Resurfacing Improvements to Knife River in the amount of $267,787.08. BACKGR4UNI3. The contract is in conjunction with Project 2008-008- i 2, Bid No. 2009-02 for the cc~nslruction ~f surface improvements and overlay cif both Stacy Allison ~Vay and Lawson Ave. Bids for the improvement were opened on September 1 1 > 2008. Seven responsive qualified bid proposals were received. No; Name Amount 1 Knife River 267787.0 2 Salem Road & Driveway X293,099.22 3 Rt~y L, Mouck Construction Co $297,993,35 l~lorfh San#iam Paving Co $306,729.45 5 Parker I'~VV Paving Cc~. $314,701,Ob 6 Brix Paving Co. $337,4bI.44 7 Cemex $345,480.64 Engineer's Estimate $242,b44.74 The recommended award is within t 0 a of the Engineer's estimate. DiSCt1SSIC}N. ~ir~cant~ f~.c~enda stern ~evew: Ci±}3 Adrr,inistra Ci~y Atfi4 Page 135 Honorable mayor and City Council .lone 23, 2x08 Page 2 The contract award is in conformance with public contracting laws of the State of Oregon as Qutlined in C.~RS Chapter 27~G and the laws and regulations of the City of Woodburn, therefore, staff is rec©mmending the contract be awarded. FINANCIAL IMPAC3: The project will be funded using approved DEQ SRF Lean Fund (46~j as identified in the 08{Q~ fiscal budget. Page 134 ~~~~~~~~ A~~- Ix~»~ September 22, 2U08 TO: Hflnc~rable tvlayor and City Council through City Administrator In Capacity as LQCaI Contract review Baard ~2QtVi: Dan gown. Public works Director SUBJECT: Award of Cans#ruc#ion Con#rac# for Sani#ary Sewer Pine and Manhole rehabiii#a#ien on 1IIt. Noyes S#. RECflMAAENDATIflN: That the City Council award the construction contract for ~N. Hayes St. Sanitary Sewer ~ ~rlanhole Improvements to tvlicl~el's Corp, in the arr~©unt of $39,895.Qt}, BACKflRflUND; The contract is in conjunction with Project 2U08-46-~, Bid No, 2C109~~3 tar the installation of a cured i place liner fpr t ~}-inch dia, sanitary sewer line and application cif spray in place cementitious liner of three associated rr~anholes for approximately X45' from Cascade St. East along VtJ. Mayes. Bids fQr the irnproverr~et were opened on September C}, ~t~C~8. Three responsive qualified bid proposals were received. l . tvlichel's Corp. $39,89~.C~0 Insitufe~rm Tech.. Inc. $4~,~O,OU 3. Pacific Liners Cca. 47.145.Q0 Engineer's Es#ima#e $5fI,180.Q0 The recommended award is within 20 0 of the Engineers estirnc~te. DISCUSSION; The project as approved i the 2QQ8-t}9 Capital Improvement Project budget was to replace 25~} LE= at 8" dia. sewer Tine. CI-~anging to allow for a cured in place liner enabled staff tQ bid a I®nger pipe section, include relining of deteriorated manholes and eliminating inflow and infiltrations. A~endc~ It~rn Revev~; City fodin"s~lsatc~r _ City ~ftarney, Find Page 133 Conclusion: ~"~~~ nature and extc;nt of`the landscaping £tatd curb iaazpro~~eents is nko~~~ta. Hcau>e1~er, such innpro~eents could re~asotaahl~ he expected to be shared ~~ith or ust~d f~3r other allcau~ed uses;, including the uses currently existing on the property. 5, The kind of use, and the location and cast ol'the development. Claimtttat has nt~t prc~~°c~c~ info}ratian c~a~ the specific use cc~mrz~encec3, lc~eatic3rr c~(`suc;h use. c}r the cast caf the de~~eloping that use. taf~`is trot au°are ofan~r design reuicu~ ur building permit ~zpplic~ttic?tas sul~naitted for the commeecment of any deveiopmettt of Clairrzant's property. Conclusit~n: Claimant laas zac?t contenc:ed any use pursuant to his Measure i7 apprcai~al. h, 1~'hcther the propert~~ o+~ner~s acts are more than mere contemplated use or preparation, such as the leveling of land, boring test holes, ar preliminar~~ nel;otiations r~ith contractors or arehit+erts. C~`laimant has prcai~icled expenditures for ctapying, supplies., and landscaping atad curb itrtprca~ cents, Conclusion: C"laiant's exlacttditures and in~prc?~eta~etats arc: caf'a siza~tilar or lesser magtaitztdc tlattza such actiti hies as le~:~eling cif land car l~caring test. holes. C'laiz~~atat statc;d that the expenclitures u cre ``tcZ protect the uses established thrc3ugh '~9easurc 3`? ~:lai-' rath€:r th{an tc~ c;cantitaue tle~clc~pmetat of°c nc~v use that could he protected iiy con~zmon la~c~ ti'eted rights. staff C'onrlu~i~n le~~ure_~~ Section S: C'c-+rnnzon,_I..a~ Tested l~i~t~ts t~'laita~zant has taut sustaitaecl a claixaa caf'craznt>~tc~n lain ~~ested rights. Claimant leas z~ot articulate.~l ~>r clc}curtaented a specific dc~elcaptrzent use car project that vas substantially begun hef~are the c°taac;tmerat of '~~leasure =1~ can l~ecer~~her f, ?t'I(l". Staff Zecctmmendativn 13a~:c:d can the findings and conclusicatzs in dais r~:port, ;~tal`l"recomtt~encls that tlac City C ouncil direct staff tc> prepare ate circler fear adoption: (I } F intlirat Claimant is neat cntttled to relief under '~~lc,:asure ~{) Sectiota ~, and (~' 1 Denyitag the claim of c;oanzzlon IaG~• ~estc~ci rights in regards to the stthjeet property. Exhiktits .'~ C`lairrzatat's application and narrative, date-stamped Sept~yrrtl~er ?7, '()€~b 13 Council's Findings ctfFac:t artd I)ecisictn of'~~arch l~, 2(~l}7 C` C"laimant's '~~casure -l9 claim. date-stanapcd dune ?~, ?t)C)fi, including attachments 1) "1"~ntati~e Deternainatic~ra of`'~~leasure ~~} rights dated July (}, ?~}(~ P;~4~e ~ cat' Page 132 C"cep}i~t~ r~ ~~z}~li~ 71 I.{)() Landscaping; and Curb :~~)~~,~~{) .toss ~af~ rent ~~, 1 ?.f}C) C'laiznant pro~~it~ed citae;uznentatic~n tanly fur tl~e `'landscaping and cerrla," '~« t>ther dtacuznentatit~n ~~°~ prc~~ icled tea ~capptart tl~e exper~ditures taf rlttc~rne~y>~ l° ces. appraisal fee, titteti re~pcart fees. ct~pyint; anti supplies. In re~°icu~=in,~ all inforrrtatican a~°ailable;, it appears that the rrttaney spent relatcti to attorney fees, appraisal fee, t°eas€~re 37 Jilin fer s, and title repcart fees are; not attributable tc~ money spent in develtapinl; tl;e f.ekscs,s selle~~~~ed by the ~teasurc ~7 c;laim. these expenses oce;urred to obtain the '~'[easure 37 apprca~~al, neat tc~ proceed with de~~elc~pxnent after the apprt~val. Lt~~s oaf rent is ttc~t "~nc~ney~ spent can de;~Yt~lc~ping; the use'" and is nat applicable: tca the deter~~~inatit~n ofcoenn~can lain= ~~estc:ci rights. ~`lainaant has that specified a usc~{s3 that the. trxpenditures ~~°~;re inteneletl t« establish. ~"lain~ant l~a~; ncat prc~~°icicd and tic~st'utY~e:ntation related to ae:tual or estimated total t;c~st of estahli~hin~ his inte:x~ded use{s).. Conclusion. Claimant hts ntat estahlise'd that <rt~y 'use" has been con~nlct~cccl pursuatat to the ~tcasurc 37 ~°ai~ er. T'l~c mane}~ spent by Claimant does not appear to hay e bet:n spent i~t ~le~~cl+.>ping; a use. Because C"laimant has neat articulated a use tar estin~tctl the total cc3st of erstablising thc; use. it is not Pe#ssible t€a evaluate the a~tju~~t of n~t~ney spent e~~~ deti°e:lc:~pin~~ the: ~zsc i~a rt;latioz~ tca the total ewe~:~t cif e~tablislain~ tl~e use:... 2. The ~c~ad faith of the pr€~pert~ owner. `~~~thin~ in the i~~forn~atit~n re°~ie~~e# su~ests tit s~t~y° actions taken b~'t"'Iaimani;~~.~ri rr~€~~ie t~~ beat the: potential e~~acir~~ent cif` :'Measure ~~. Conclusion: Tlaca Cit~° dt~c%s not di4puteti the cod faith cif C:taintant. :~. fi~'hether the property owner had notice of the propc~secl change in law- l~cfore beginning deg°e~opn~ent, Staft4 is unarm°are if Claimant had notice cif tht: c,han~;e' in law. ~. ~'4'hether an~~ impra4recrtents cautd he used for ether allowed uses. The €~tal~' i~~~pre~~ e;ments tta the suhject property anti the landscaping and curb, Clai~r~ant elicl not suhrr~it an}= infi?rtt~~ttic~~~ re~ardini; the nature and extent c?f thease iprc~ven~nts, l'a~e 7 ca#' Page 131 L. ~~v~l~~~an ©~C1aim under :~ieasur~ ~9 Section 5• C'©m_rnt~n :aw ~'~sted Rights ir`nder ~ic;asure ~9, a elaia€~t ~~Fith a'~tea~ure 37 ~~~ai~~er o~~ho has begun the development dt:scribed in the ~°ai~e:r may proceed under Measure 37 if the use of the 1?rc~perty complies ~~it the ~~~ai~-er u~ the clai€nant has <€ con~€tno€~ lair ~°eted right tt~ complete aid co€~€tinue the use. L ntier dt:cisions of the C~rett~n courts, ~~~l~ether a person has a ~~ested right to ct~mplete a use (tiesitc a cl€an~e in lay}°} is an issue {rf fac;t, tc~ be deeideci can a case-by-case basis, 1'e issua€ice ofa t~leasure i7 i~`aivcr does not< by itself; create a ct~€°€~mon law rested right. Ft~r an c€c~°ner tc~ ha~'e acttuired a rested ri~l€t to proceed c~eith construction., the co€°nencc~rncnt cif Lei€~structic~n must have been substantial or substantial costs to~~~ard ct~mpletion of the de~•elt~-pr€~ent must have been incurred. C /c~ck~zm~.s~ C~'v€rtrt~' ~~. ~1e~ltn€~s, 'C~5 C)r ~~, l97 (1 ~7,':}. Measure -~~ Section ~(~} recluirc,s that ~`lain~ant must shou° that he his right to trc~€x~plete and ct~nti€~ue a use ~°as ~°ested on ~€r beti>re C3ece€~€ber F~, 2Et()7, Accordins;ly, Stafi`has re~•i+.Y~~-eel t~niy tl~ost actin hies a~€d e:~per~ditures m~€de on or before: I~et;ember fi, Zf.}(}7. State re~~ie~~-ed c'laimant's jested rights claim using; the faLtc~rs the€t the: C)rc~t~c~ a,l~pellate courts hf€~~e considered in detenini€~~; ~~'l~ether a particular de~'elopment leas pro~~rc~;ed t<~ the ~~>in~t ~~ here the owner has a ti ested right, These incl~€de the- ti~llo~~in~;: t . The a€nount of money spe~~t tin deg tlt~pin the usc~ in rt:latics€~ to the: total cost cif establis-€i€€~ tl~e use; 3 The food f~zitii ~€f the pr~~pt:rt~r i~~~~~ner; i. Gt'hetl~er the propert~~ o~~ner had €~otic~: ofthe proposed cl~an~,e in lati{• before 1~~:~int~in tl~e de ~ t lop€nent; ~. 1~~"hetl~~:r the i€r~prc~~ e~~~~:~€ts c;c~t~id be u4t;~l fir utl~er uses that <€ri~ allc~~~~:ci ~€ncler tl~e r~ee~= lar:~ ~. The kind. cif use, lc~~:ation and cost t-+f the deg eli~p€nent; at~d 6. t'~`hetl~tr tl~e r~~~•-~er's acts rise; beyond. preparatii~n (land cl~:arin~~. planning, etc.l. Stat1' rt~~ieued all intort~iatic~n sub€nitted bti~ C'laima€€t including ct~ntents c?f' both '41ca~ure i7 cl<tin~ tiles ass~:~ciated with the sulaj~~cz propt;rty and a~iditi~€nal infi~r€natic~n sub€nittecl <jn Ju€~e _';~. 'flt)f~. 7`he amount of money° spent on de~°ei€~pin~ tine use in relation to the total et~st of estahlishin~ the use. C'lair~tant stated i€~ the ~'it~asure ~~I submittal that "[the money spent, ~~•as to prt~tect the uses establishtti through Measure i7 claim anti the ~s•ai~'er granted to me by the City ~:ouncil of ~~'c,~otiburn, rather than paying €ne ~?C)~.Qtt(l.(:tC~ pa€na~;es.°~ +C`laimant itemizes tl~e expendit€tres sts: Appraisal fee ?,5{lt.~.t}t} 't~it~asure ~7 till€~€ tees l,c)t~t~.0() ~l`itle l~epc€rt ft;c~; .tj(l.C)t} Page 130 I'ae ~ c?t` 5ecticsn ~{?} c~`:~leasurew ~~ pr«~ides isz part that "~ elaisnant n~sust pr~itle ass appraisal shue~~in~ ihc~ fair market ~ialue c>f the pre~perrt €~rsca ~'~err hc~f~~t{e tls~j s~rr~zc:tnr~Arat cad t~rrg lcrn~l rrsc~ t~c>~,Tulrxt~r~rr that r~~as the basis t~sr tlse claim and thc~ Fair market ~°alue ~ tl~se ~?r~pes~ty r~rrc~ }~~~cx~° <~rfi~>~ tfr~ szrresc•ltsrent." (emphasis actdc~:i} .~s dart csfhis serccssld 'Measure :~7 claim, Clairrsat suhsrsitted an appraisal s~°13ic Kati=e a "l lyputhc:tical Market Value -~~- 1~thc~ut. C:«nstraints" e~f 315,(lC)t~ and an "` ~.s-ls' 'Vlarl£et Value - '~~'itli ~'e}nstrainis" cif 11 t},t)(lp as ~f` 1~ta~, ?, 2t~~1£i. ~o alapraisal u~as subs~itted f~sr thc° ~~leasure {~ rc~~ic~~~--. -1~he appraisal submitted. detes-mineJd the fair market ~Talsxe cif the subject presperty as cif F",t1ay 2, ?0()~i - sscst cane year t~et~~re the: en;~c:trnent of the land use reulatican and isne year after the enactnsent as required by '~~ea:~urc 4~. This critericsn is nrst sz~set, Section ~(~) Highest and k~est use. Relief may not he granted if the highest anci hest use of the propert~~ was not residential at the time the land use regulations mere enacted. ;~s hart c~flsis #irst'l~easure ~7 claisrs. Clasasant submitted is list ~~f uses that had bc:c~n c:stablishcRd at :~ 1 ~'tis~rtla Pacific 1-lih~~°ay icssrs 19~~-?()tom as~d at 5t}t)-S 1() ~c~rth ['acifii: 1-lilt~~ay "since lseing built." 'rise csf the uses listed ~~~ere residential. Clainsant's sub~rsittals fcsr the: '~i;asuri: 3? claissss anti the Measure. -~ revit~tt' elid nett sxsc:ntic>st residential us i~f the prespertv. t:'lzsisss6int`s apprais;sl sbnsiticd f~~r the secc>s~d ~1c;asssre ~7 chins ci~ncldi;d that "[b]ased itpisn bast, present astd re~specti~~e" ~~sarket sscti~'it}~ irs the ~~"i~c?dbuns area.. it is i~ur i~pis~ic~ss that a commercial use ere?rslesssurate ti~~ith the t'ity"s C"~ ~°tsnirs~; i~rilirsassce is ass ade:cluate e~cpressitsn caf the iihest and be st use i~f the vacarst site." (emphasis iss original }. ~1'lse sulajei:t pr€sps;s~t~'s li~catiisn alse~ su;~;ests residential is nc~t tlse bust use. °I e subject t~resperty abuts a st~ste lsi~;~~~a}~ and has beets used custsstentl~` fcsr i;isst~rr~ercial laurpisses sini:e t; lairrsant purchased it. "l'here#~-trc, the highest and best use is ce~s~r~nsercial arscl ni?t s•esidential. This criteriisn is nest nset, Stafl• C'~nriusion; i~~rasure ~~ Secticsn 9_~in~iewaY'l~° itc~mes T~ he eligible tier relief ussder'~ieasurer ~'~, appro~°ed Vlcasure 37 claimants nsust tncet all esf the ree~uircessis esf`Sc,ctiisn ~. ~~~lsile the claim meets the re~uirerrsents isfSec;tii}ts ~(~}{a-d fsssci f j}, it did sst~t meet tlae requiremetsts is Sectiisn ~%5}(e and k} and Seetic~n ni(}, ltelicf ussder ~°le:ssurc ~~ Sec:ticsn ~ should nc~t be l;rantc~d. Page 129 ' This iritcrion i5 met. {} The establishment of the sinKle-family dwellings is nat prahibited by a land use regulation exempted in C1ftS i~7.3S2 {3}. `3RD 1£5.3()5{3}provides that re~ulatians prey-entizt~; {a} nuisaz°zces, (b} pratccting; the publzc health antl safety, {c} required far compliance u°ith federal lam°, car (d} restricts uses relat€;d tc~ pc~z-na~raphy and nude dancing are exempt from Measure ~~. Establishment of single-family° d~~~ellins wauld nat be implicated by any at the cxezrzptons afC~RS 1£J5.3{)S{3}. This criteriozt is r°~zet. {h} The land use regulation described in paragraph (f} of this subsection was enacted after the date the property, ar any portion of the property, ~~°as hrauht iota the urban g,rawth boundary, "lµl~c .::object property eaas brought into the ~zrban ~rou~th bc~unclary of°ter l c~73. The prr~perty ~~Yas sh{~~~°n can tl~z:. C~'oprehensi~e flan Map sinc:,e at least l~{).~lthcrugh trot applicable tcs the subject property until anz~exatian, the pres~:nt carnn~crcial zc~z~ing regulations ~~:rcre: cz~acted July° 1, ?()t)'. The:ret~~rc, the re~ulatic~ns ~~srere cnact~xtl after the property ~~•as lizcatecl v~°itlzi~~ the uz'baz~ ~r€~~~°tl~ boundar~,~. ~l~his c~riteriz~n is ~rz~t, {il if the property is located within the k~aundaries a#`'lietra, the land use regulation that i the basis fur the claim ~~-as enacted affier the date the prapert~ ~ as included. ~°ithin the boundaries of tetra. This criterie~z~ is not applicable.. {j} if the property is located ~~~ithin a city, the land use regulation that is the basis far the claim was enacted after the date the property° was annexed to the cite, T`he subject property ~°as annexed to the City can June 1 ~, ?t){t l pursuant to C7rdinancc '~c~. ?~~~3. At the time c:?fannexatian, the property became subject tc~ the Woodburn Coning Urdinancc . The 1~'oodburn T.~e~ elapment Urdiz~anr:c ~c as adapted an April ~), 2C)Ct2 sznd bect~e effective c~zl Jul}~ 1, ?{)(l~', replacing the ~~oodburn Zoning; C}rdinazzc;e as the applicable land use rc~;ulatic~n. F3oth of Claimant's ?~1ea.4ure ~? claizxis and the Measure =~~} claim refer to the i°t'c~c~dbuz°n Deg°elapn~ent (?rdizzance. This criteric~z~ is znet, {) "i'l~e challeet~ed regulaticzns reduced the fair market value of the propert~~ according to an appraisal car~ducted as specified b~' Measure ~~. Page 4 c,f #~ Page 128 `~ C~r~ .luly l{), 2t)tl, tltz Cz~n~rnunity t~e~:°erizz}~t~i~t~t )ir~ct~ar, n ~~:I~~lf'af the ~`itv, rt~ac~e: a >,~I'et~tatirfc Detetination'° ztF Claimant's ri~ltt to esta~ltli:~l~ single-fatrtil~j ltctes on the prztpz;rty. lcttfs~~ <tttachecl}. The tent~.tix'e ciecisitn st<ttz;d that Clairrtant u~~as not entitlezl tz~ relief uttcler '~Icaaurc 4~-) l`or the establisl~nter~t cif single-faanily horrtes. t~ntler Sc~:tian {~} z~f?~leasure ~{~ the follz~u°in eritena must be ntet tzt ~ualif~f for relief: {a} The claimant is an or~•ner ~~' the property, Claimant`s ~1e€tsurc ~7 files contain a cop} cif a ~~arranty zleed catczl .Tune 7, l~tx transferring the subject property to C'laitnant as sale c~c~nz/r. Claimant states that he purc;hasezl thz propert}~ t>~I ec~rztra~:t c>n ~aepteber 1(l, 1~3~a(~. 'Marion Cz>ur~t~~ tax r~;c~ccls inzlicatc that C laimant is the current ov~ner z3f the prz~tperty. This criteriz~n is rnet. (h} :ill o~+ners cif the propert~° hay=e cc~nserrted in writing t~ the claim. t^'laiant si~;neci tl~e z?ri~iral Measure ~7 cltti~n t~,trnts. .T`his c;riteriz~rt is stt€:t. (cl "l'he property is located, in ~r°=holc or in part, i~~ithin an urltan ~,roE~°th lac~undary. The subjez;t farc~Pert~~ is lz~cateci ~~'ltzsll~` ~-ithirt the C'it~~ of V~'oz~zlburn artzl the City's urb~trt ~ro~~'tlt bi~ur~zlar~°. Th~~ cr~tet•tc~n is tet. (cl} On the claimant's acyuisititan date, the claimant lafull~° ~c~~as permitted tit estaltlish at least the number of dwcllin~s on the properh~ that are authcrrzccl under this section, Claimant aezluire~l tktc suhjc~ct prztpcrt~' ztn cptcrnbz;r 1f3, I~G(}. :fit that time, the subject ltrc>per~~" ~~as lc~cateci in uttictc~ctrpc~ratt;d ?4lariort Czsttttty attil v~~as alaparcntly not subject tct an~~ ~ctnirt~ restrizrtizrns. Th~;rc~ti~re, clairrtant u~as permitted tc~ establish tiu~ellinT;s on the prz?pcrty, ~T`hi ct-iterictn is txtet, (e) The property is :zoned fr~r residential use. Tlie zonint; snap of tl~e t ~t~° of ~~'vc~dl~unt sl~o~~ s the s~ibj~:ct prc~Pert~ tc~ tie ~on~:d t:"°ztrrtcrcial Gene cal {C'G}. Tl~e subjez:t prc.~Perty has been clesin~tz;d "C orrtntercial" <~~~ the Cz~m~rz;ltensi`e Plait rnaP since at least 1 {~. TT`lti:, critcriztn is nz~t met. {f} tine or more land use rei;ulatittns prohibit establishing the single-family d~t-ellfn~s, itt~le-fail~~ d~a,ellings arc: not authorized as a principal use: in the CG zztne. 1'~t~c 3 cif' ~S Page 127 ~l`his :staff report r~~°iec~°~ ar~t~ ~rc~~°icies c;c~t~t:l~ts€~ns ~c.~r tu~c> ~~:parate area4 i~f I3allc~t ~~~asure {~ ~~~ith respect to Claimant':; Measure ~7 appro?~~al. They are as follr~~~~s: 1. 1Zc~~ iet~° and co~lc~lude whether Claimant's appro~~al fits under the criteria of ~~:~asure ~~ Section for the ri~l~t tc? establish a iited number of` szn~;le-family ht~rr~es can a property. ll. 1Ze~~ie~~' and ~:onclude cc°ether ~ lairr~ant has estahlisl~ed a con~ron la~~• ~~ested right to a:llot~= tl~e continued establishment of a use begun bef~~re ;Measure ~ be~;arne effective. 'l"l~e fc?llowin council actions are necessary° with regard tc~ '~lcasure =l•~: '4~take a "f;`inal I)eterir~atior~" k~°ith Findinfs as to whether Claimant is entitled tit relief under '~~casure ~ Section ~. ?. Concl~sct a public hearing tc~ decide ~~°l~ether C~`lai~nant h~~s established a t_~t~~~n~nr~n l.a~~° ~''cst T~igl~t to con~plcte anti continue the use described in the ~°ai~~er. Prier ti`least3re 37 C`lairns Claim~t~t c>~vns a ().~l a~:re parcel that is currently de~~oped with t~~o commercial structures. "l~l~e subject property is fone:d Con~ercal Creneral (CG} and is designated Commercial f>n the "r~~nprc:l~erxsi~ e Flan flap. C`laimant's property has been t1~e subject of to°t~ ;separate '~l~asure ~~? claims. Clai~~at~t tiled leis first claim c>n I7ecerr~ber?, 2f~C}~. Staffconc;luded that "Clai~~tarnt leas not prop°ided the City the re~uirecl information to shoe that a C~:ity land use regulatic7n has restricted tl~e use of private real property and had the effect of reducing the fair rr~arket ~°alue of the property," and recommended that the claim be denied, The C`it~j Council denied the first 1~lcasre 3? clairi~ on i~pril ?5, ?Ot~S. C°laimant #iled a secc~nci claim {ins°ol~•inf; the same real r~~~erty a~~d caperati~~: facts} can September ?7, 2()t)Ci, ~°ith the a;~sistance of legal. counsel. Claimant submitted o devclc~pent proposal fc~r the property ancl, onlarch 1 ~, ?t~~7, the. City Cou~~cil granted Claimant a general ~~~ai~er (copy attachc;d). 1, Evaluation of Claim under '~easure 49 Section ~: Single-FamilF Homes Ballot 'Measure =~~3, Sec;tion l tl, requires that tl~e City make a deterrt~inatic~n of C'laimant's right to establish a limited number of` sir~glc-faily° homes on his property.., This determination is reiiuired regardless o v+~hether the Claimant is reuestinf; the establi;~hrrtent ofsingle-family hones or riot, lr~ the present case, C lairr~ant has neither requested nor suggested the estblishnrer~t of single-farmily homes on the subject property. ,.~c~f`~ Page 126