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Agenda - 12/08/2008
CITY OF WOODBURN CITY COUNCIL AGENDA DECEMBER S, 2008 - 7:00 P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD 1 J. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD fll JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V KRISTEN BERKEY, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. OATH OF OFFICE AND ELECTION A. Oath of Office for Mayor and Councilors for Wards I, II, and VI. B. Election of Council President. 4. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. The City Council will consider cancelling the December 22nd Council Meeting due to the Holiday schedule. B. Holiday Closures: Christmas: City Hall will close at noon on December 24 and will reopen for regular business hours on December 26. The Aquatic Center will be closed on December 24 and 25. The Library will close on December 22nd and reopen for regular business hours on January 4th for replacement of carpet. New Year: City Hall will be closed on January 1. The Aquatic Center will be open on December 31 from 5:30 a.m. to 3:30 p.m. and closed on January 1. Appointments: C. Appointments and Reappointments: 1. Planning Commission 2. Budget Committee 3. Library Board 4. Parks and Recreation Board 4. PROCLAMATIONS/PRESENTATIONS Proclamations: "Ha~~ra interpretes c~isponi~~~es Para aque~~as personas que no ~ja~~an Ingtes~ pvevio acuerc~o. Comuniquese a~ (5031980-2485•.. December 8, 2008 Council Agenda Page i 1 None Presentations: A. Walmart grant check presentation for Big Read library program. 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn School District 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 may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council regular and executive minutes of 2 November 24, 2008 Recommended Action: Approve the minutes. B. Woodburn Planning Commission Meeting Minutes of October 8 23, 2008 Recommended Action: Approve the minutes. C. Park and Recreation Board Minutes of November 2008 14 Recommended Action: Approve the minutes. D. Building Activity for November 2008 17 Recommended Action: Receive the report. E. Planning Project Tracking Sheet 18 Recommended Action: Receive the report. F. Certified Election Results -November 4, 2008 General Election 23 Recommended Action: Accept the certified election results. 9. TABLED BUSINESS None. December 8, 2008 Council Agenda Page ii 10. PUBLIC HEARINGS A. Vacation of a Permanent Easement located at 1274 5th Street 28 Recommended Action: After public hearing, by motion, instruct staff to prepare an ordinance vacating a portion of the permanent easement located on the northeast corner of 1274 5th Street, as shown in Exhibit 1. 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 Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 2757 - A resolution authorizing the transfer of 34 appropriations during fiscal year 2008- Recommended Action: Adopt the Resolution. B. Liquor License Change of Ownership -Limited On-Premises 38 Sales Recommended Action: Recommend that the OLCC approve a Change of Ownership application for Woodburn Bowl, LLC. C. Liquor License Change of Ownership -Full On-Premises Sales 41 Recommended Action: Recommend that the OLCC approve a Change of Ownership application for Wendy's Happy Garden Buffet, Inc. D. Cancellation of the December 22, 2008 Council Meeting. 44 Recommended Action: Cancel the December 22, 2008 meeting. 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. None 13. CITY ADMINISTRATOR'S REPORT 14. MAYOR AND COUNCIL REPORTS 1 S. ADJOURNMENT December 8, 2008 Council Agenda Page iii W URN 1,rtorpcr rlrtd iRR'9 December 8, 2008 TO: Honorable Mayor and City Council FROM: Kathy Figley, Mayor SUBJECT: Appointments and Reappointments The following appointments and reappointments are made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, December 8, 2008. No reply is required if you approve of my decision. library Board: Position VI -Phyllis McKean -term ends 12/31 /2012 Recreation and Parks Board: Position VII -Charlene Williams -term ends 12/31 /201 1 Plannins~ Commission: Position 1 -Patti Grigorieff -term ends 12/31 /2012 Position 4 -Kevin Kenagy -term ends 12/31 /2012 Buds~et Committee: Position VI -John Reinhardt -term ends 12/31 /2011 Agenda Item Review: City Administra~~ City Attorney ___._ Fina 1 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 24, 2008. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Present (7:06 pm) Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Administrator Derickson, City Attorney Shields, Police Chief Russell, Public Works Director Brown, Interim Community Development Director Labossiere, Recorder Tennant 0020 ANNOUNCEMENTS. A) Pu61ic hearing before the City Council will be held on December 8, 2008, 7:00 pm, City Hall Council Chambers, regarding the vacation of a permanent easement at 1274 N. 5`n Street. B) The Oath of Office will be given to the Mayor and Councilor elects at the December 8, 2008 Council meeting. C) In observance of the Thanksgiving Holiday, City offices will be closed for business on November 27 and 28, 2008. The Library and Aquatic Center will be closed on November 27, 2008. The Library will be open for normal business hours beginning on Friday, November 28`n. The Aquatic Center will be open for open swim on Friday, November 28`'`, from 1:00 pm unti13:30 pm and will resume normal business hours on Saturday, November 29`n 0072 APPOINTMENT TO PLANNING COMMISSION. Mayor Figley appointed Kevin Kenagy to serve on the Planning Commission (Position 4} to fill a vacant position that has a term expiration date of December 31, 2008 and also re- appointed him to that position for the period of January 1, 2009 through December 31, 2012. COX/NICHOLS... approve the appointment of Kevin Kenagy to the Planning Commission. The motion passed unanimously. Page 1 -Council Meeting Minutes, November 24, 2008 2 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READIN 0124 PRESENTATION: WALMART. Mayor Figley stated that the Wa1Mart representative was unable to attend this meeting so this agenda item will be rescheduled for a future meeting date. 0150 CONSENT AGENDA. A) approve the regular and executive session City Council minutes of November 10, 2008; B) receive the Community Services Department Statistics report for October 2008; C) receive the Crime Statistics report for October 2008; D) receive the Code Enforcement Statistics report for October 2008; E) receive the Claims report for October 2008; and F) appoint City Administrator Derickson to the Woodburn Chamber of Commerce Board. NICHOLS /MCCALLUM ... adopt the Consent Agenda as presented. Councilor Cox questioned if, under Item F, Administrator Derickson would be appointed to the Board or would he be the City's liaison to the Board. Administrator Derickson stated that it was his understanding that the Board position is that of being liaison in addition to being a Board member. The motion passed unanimously. 0220 TABLED BUSINESS: COUNCIL BILL N0.2735 - A RESOLUTION APPROVING AN ADJUSTED RATE SCHEDULE AND FUEL RECOVERY FEE SURCHARGE FOR UNITED DISPOSAL SERVICE INC.• SETTING AN EFFECTIVE DATE: AND REPEALING RESOLUTIONS 1833 AND 1843. Administrator Derickson stated that United Disposal Service has now rescinded their request a fuel recovery fee surcharge. 0245 COUNCIL BILL N0.2755 -ORDINANCE DESIGNATING PUBLIC PARKING ON THE OREGON DEPARTMENT OF TRANSPORTATION PROPERTY NEAR THE WOODBURN I-5 INTERCHANGE: PROVIDING FOR CIVIL ENFORCEMENT. Councilor Sifuentez inhoduced Council Bill No. 2755. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2755 duly passed with the emergency clause. 0337 COUNCIL BILL NO. 2756 -RESOLUTION GRANTING APPLICATION DR 2008-03: ADOPTING FINDINGS AND CONCLUSIONS; AND IMPOSING AN ADDITIONAL CONDITION WITH FINDINGS. Council Bill No. 2756 ~~as introduced by Councilor Sifuentez. The bill was read by title only since there were .. +bjections from the Council. Councilor Cox stated ° would excuse himself from °` ~e vote for the same reasons Page 2 -Council Meeting M~ ~~ember 24, 2008 3 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING that he did not participate in the hearing at the last meeting. On roll call vote for final passage, the bill passed 4-0 with Councilor Cox not participating in that decision. Mayor Figley declared Council Bill No. 2756 duly passed. 0415 AUTHORIZE THE CITY ADMINISTRATOR TO ENTER INTO AN OREGON PUBLIC WORKS EMERGENCY RESPONSE MUTUAL AID AGREEMENT. NICHOLS/MCCALLUM ... authorize the City Administrator to enter into an Oregon Public Works Emergency Response Mutual Aid agreement sponsored by the Oregon Department of Transportation (ODOT). The motion passed unanimously. 0443 AWARD OF CONSTRUCTION CONTRACT FOR THE NORTH FRONT STREET IMPROVEMENTS (PHASE 11. Bids for Phase 1 of the North Front Street improvement project were received from the following contractors: Valley Pacific Construction, $848,906.13; Alpine Construction, $883,423.00; Emery & Sons, $955,620.00; Nutter Corporation, $983,983.00; Canby Excavation, $986,653.00; CivilWorks NW Inc., $993,177.00; K & E Excavating Inc., $1,028,337.00; R & R General Contractors, $1,104,956.1 l; Kerr Contractors, $1,098,907.80; Rutan Construction, $1,130,563.97; Rotschy Inc., $1,228,032.00; Big River Construction, $1,284,293.39; Ross Bros. & Company Inc., $1,418,576.03; and Gelco Construction, $1,804,243.50. NICHOLS/MCCALLUM... award the construction contract for Phase 1 of the North Front Street Improvements to Valley Pacific Construction in the amount of $848,906.13. Councilor Cox expressed his pleasure in seeing that the bids came in substantially less than the engineers estimate, however, for the record, he stated while this issue has been under discussion over the last 2 or 3 years, he has had some serious misgivings about the undergrounding of utilities all of the way out to Highway 214. He stated that he was particulazly opposed to the undergrounding when the financing plan would have included a mechanism that would have resulted in PGE placing a separate charge on the ratepayers bill. Former Administrator Brown was able to work around that issue and it is no longer the problem, however, in general principle and particularly during these tough economic times, he is still opposed to the idea of spending that much public money to underground utilities beyond the core business district which would be north of the Front Street and Hazdcastle intersection. Mayor Figley commented on how a number of the bids were below the engineer's estimate of $1,417,867.88 which means that the City is benefitting from a sign of the times in the economy. The motion passed 4-1 with Councilor Cox voting nay. Page 3 -Council Meeting Minutes, November 24, 2008 4 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING 0613 ACCEPTANCE OF PUBLIC UTILITY EASEMENT. Staff recommended the acceptance of a permanent easement and right-of--way for the right to construct, reconstruct, operate, and maintain public utilities from Chemeketa Community College. COX/NICHOLS... accept the public utility easement granted by Chemeketa Community College for the purpose of providing a vault for underground utilities. Councilor Lonergan questioned as to why this utility easement is now coming up before the Council rather than it being taken care of at the time the building was constructed. Councilor Cox stated that this easement is part of the undergrounding project which was not known at the time of construction. The motion passed unanimously. 0678 CITY ADMINISTRATOR'S REPORT. A) Administrator Derickson stated that he had organized a meeting last week with Downtown Business owners, the Mayor, and staff. He stated that it was a very good meeting and he intends to continue to hold periodic meetings with the Downtown Business owners and people with business interests in the downtown area. B) On Saturday, he stated that he rode with Police Sergeant Kent on his graveyard shift and he found that the staff was extremely professional and well-qualified. He expressed his thanks to Chief Russell for providing him with that opportunity and for his leadership in the department. He also stated that he learned some things about the community that he feels may need to be looked at in the future but, overall, he was very impressed with the community. 0762 MAYOR AND COUNCIL REPORTS. Councilor Nichols expressed his appreciation to Public Works Director Brown for getting some of the badly needed repair work done at the intersection of Highway 214 and Evergreen Road and at Highway 214 and Lawson Avenue. It was also his understanding that repairs to Hayes Street is still on the agenda for next year. Councilor McCallum expressed his appreciation to Councilors Nichols, Bjelland, and Sifuentez for their hard work and dedication while serving on the Council. Councilor Sifuentez stated that a constituent had brought to her attention that on Brown Street where the road improvements are being done, the manholes rise above the current pavement and there is concern about damage to motor vehicles. It was her understanding that the residents had recently received a letter that the project will not be completed until next summer and she questioned if there was a way for public works to make the roadway more even with the manhole rise. Public Works Director Brown stated that the contractor had put in tapers where the pavement was uneven but he would check with staff to see if temperature was an issue in getting the asphalt down. He stated that there will be a rise and motorists will need to slow down and avoid the manholes if possible, however, it will not be an abrupt Page 4 -Council Meeting Minutes, November 24, 2008 5 COUNCIL MEETING MINUTES NOVEMBER 24, 2008 TAPE READING obstruction that the motorist will hit. A decision had been made by staff to postpone putting the overlay on until next spring and putting in the transitions will make the road safer. Councilor Sifuentez stated that being on the Council has been a wonderful journey over the yeazs for her and she thanked everyone who has supported her during her tenure. Mayor Figley also expressed appreciation to Councilors Nichols, Bjelland, and Sifuentez for their years of service to the community and for their friendship. 1012 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn into executive session under the statutory authority of ORS 192.660(2)(1). NICHOLS/SIFUENTEZ.... adjourn into executive session under the statutory authority cited by the Mayor. The motion passed unanimously. City Attorney Shields stated that this executive session is his performance evaluation and he has a conflict in terms of advising the Council on this matter. Additionally, he waived his right to an open session and he had requested that an evaluation be performed by this Council before the new Councilors take office. The Council adjourned to executive session at 7:20 p.m. and reconvened at 8:12 p.m.. 1063 Mayor Figley stated that no action was taken by the Council while in executive session. 1074 ADJOURNMENT. NICHOLS/SIFUENTEZ ... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:13 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST. Mary Tennant, Recorder City of Woodburn, Oregon Page 5 -Council Meeting Minutes, November 24, 2008 6 Executive Session COUNCIL MEETING MINUTES November 24, 2008 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, NOVEMBER 24, 2008. CONVENED. The Council met in executive session at 7:27 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Figley Present Councilor Bjelland Absent Councilor Cox Present Councilor Lonergan Present Councilor McCallum Present Councilor Nichols Present Councilor Sifuentez Present Staff Present: City Recorder Tennant, City Attorney Shields (7:46 pm until adjournment} 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)(1) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. ADJOURNMENT. The executive session adjourned at 8:10 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 -Executive Session, Council Me• ~g Minutes, Noverr.~,er 2~' 7 WOODBURN PLANNING COMMISSION MEETING MINUTES October 23, 2008 CONVENED The Planning Commission met in a regular session at 7:00 p.m. in City Hall Council Chambers with Chairperson Lima presiding. Commissioner Jennings led the salute to the flag and announced that the Planning Commission Meeting would not be videotaped or broadcast. Chairperson Lima questioned members of the Planning Commission having potential conflicts such as family, financial, or business relationship with regard to the meeting. If such a potential conflict exists, he asked whether the commissioner in question believes he or she is without actual bias or whether he or she would like to step down from the Planning Commission during the meeting. There were none. Chairperson Lima announced that the agenda is available at the back of the room. We will consider items one at a time according to the order listed in the agenda. The Planning Commission Meeting would be treated as a workshop. All persons wishing to speak are welcome to speak at any point in time without going to the podium. ROLL CALL Chairperson Lima P Vice Chairperson Bandelow P Commissioner GrosJacques P Commissioner Vancil P Commissioner Grigorieff A Commissioner Hutchison P Commissioner Jennings P Staff Present: Scott Derickson -City Administrator Terrie Stevens -Assistant City Administrator Natalie Labossiere -Interim Community Development Director Bob Shields -City Attorney Jon Stewart -Assistant City Administrator Carrie Brennecke -Associate Planner Don Dolenc -Associate Planner Sasha Sprauer -Administrative Assistant MINUTES A. Woodburn Planning Commission Meeting Minutes of September 11, 2008. Commissioner Jennings moved to accept the minutes. Commissioner Vancil seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None. Planning Commission Meeting May 22, 2008 Page 1 of 6 8 COMMUNICATIONS A. Woodburn City Council Meeting Minutes of August 11, 2008 B. Executive Session Woodburn City Council Meeting Minutes of August 14, 2008 C. Special Woodburn City Council Meeting Minutes of August 14, 2008 D. Special Woodburn City Council Meeting Minutes of August 25, 2008 E. Special Woodburn City Council Meeting Minutes of August 28, 2008 F. Woodburn City Council Meeting Minutes of September 8, 2008 No comments were made. DISCUSSION ITEMS A. New City Administrator, Scott Derickson City Administrator Derickson greeted the Planning Commissioners, staff, and audience. He stated that he would like to provide the Planning Division with tools to succeed, and a focus on the future. Derickson discussed the vacancy of the Community Development Director, and explained that he would like a director with technical skills and who is customer service oriented. He would like the Planning Commission and a community panel to aid in the recruitment of the director. There was discussion with regards to past concerns and the future direction of the city. City Administrator Derickson stated that the city must follow and uphold the law, and use discretion when possible. Extensive conditions must be eliminated. Chairperson Lima stated that the Planning Commission is concerned with staff turnover. There was discussion with regards to a missing list of items that need to be addressed in the Woodburn Development Ordinance. City Administrator Derickson stated that he would like the new Community Development Director to assess the organization and evaluate the level of capacity, the types of tools available, and create a prioritized plan to accomplish the goal of the community. He would like to know what type of director the Planning Commission needs in order to be successful. Commissioner Vancil stated that he would like a project's issues to be worked out with staff prior to reaching the Planning Commission. The Planning Commission should review the city's vision instead of legality, and return to a philosophical base. City Administrator Derickson explained that the city must work within a legal framework. Staff should be open to discretionary areas that allow projects to move forward and comply with law. Commissioner Jennings stated that the Planning Commission often needs representation from Public Works at their meetings. Decisions have been delayed and/or made incorrectly without their expertise. Chairaerson Lima asked for City Administrator Derickson to give a brief overview of his career history. Planning Commissi<.>n Meeting May 22, 2008 Page 2 of 6 9 City Administrator Derickson described the various positions that he held: County Manager of Clatsop County, OR; City Manager of Warrenton, OR; Umpqua Regional Council of Governments; Economic Development Planner with the City of Venita, OR; Student at the University of Oregon. Commissioner Jennings suggested that the Planning Commission and City Council have a joint workshop. City Administrator Derickson suggested that an annual joint meeting should be held after the new Community Development Director is hired. There was discussion with regards to the processes that projects must follow, and when discretion can be used. A new list of WDO issues should be created. Revisions to the WDO should be considered to prevent the need for variances in situations where variances are always granted. City Administrator Derickson stated that it is difficult and expensive to change the WDO. Vice Chairperson Bandelow explained that there are two types of applicants, the professional and the average person. The average person does not understand why exceptions cannot be granted, and why the process often prevents "common sense" from happening. Staff should present themselves as approachable and willing to listen, and then explain the process. B. Planning Commission Workshop -Conditions of Approvals Interim Community Development Director Labossiere began the Conditions of Approval Workshop by reviewing the city's current application process through a slideshow. She presented each slide and explained the process of Type I, II, and III applications. Commissioner Jennings asked if applicants receive a packet of information that explains the steps they must go through at the pre-application meeting. Interim Community Development Director Labossiere answered yes. There was discussion with regards to the timeframe of the application process. The 30-day clock begins once the application has been submitted. The 180-day clock begins if the application is deemed incomplete. The 120-day clock begins if the application is deemed complete. Planning Commission also discussed the interaction that needs to take place between staff and the applicant to complete the application. Vice Chairperson Bandelow suggested that staff separate the conditions of approval as standard versus unique. City Attorney Shields explained that Oregon land use mandates that 120-days after the application has been deemed complete, a final order must be made. If a city exceeds 120 days, the applicant can appeal to the circuit court for forced approval of the project. The city must pay the owner's attorney fees. A Special Meeting can occur to reach a final order when a project is nearing 120-days. Planning Commission Meeting May 22, 2008 Page 3 of 6 10 Commissioner Vancil asked if a final order must be made within 120-days if the project is called up by City Council. Interim Community Development Director Labossiere answered yes. City Council's Public Hearing must fall within the 120-days. There was discussion in regards to the communication that should occur between staff and Planning Commission when a project has been called up by City Council. Planning Commission may testify at City Council Public Hearings. City Administrator Derickson suggested that staff provide the Application Process Diagrams to applicants prior to submittal. There was discussion about whether there is flexibility in nondiscretionary items and differences in interpretation. Interim Community Development Director Labossiere explained that an applicant cannot deviate from a standard without a variance or a zoning adjustment. City Administrator Derickson stated that law must be applied consistently. City Attomev Shields stated that interpretation must be reasonable. There was discussion in regards to when an applicant must apply for a variance versus a zoning adjustment. Interim Community Development Director Labossiere suggested that staff can include a memo of the Type II projects have been approved in the Planning Commission packets. There was discussion in regards to "shoulds" versus "shalls". City Attomev Shields stated that "should" is discretionary, and "shall" is mandatory. Items that use "should" are not conditions of approval. Vice Chairperson Bandelow stated that when the Woodburn Development Ordinance uses "should", but staff determines that they would like the item to be a requirement and uses "shall", Planning Commission has the discretion to return the item to a should, and remove the item as a condition of approval. There was discussion in regards to applicable and non-applicable guideline requirements. Explanations of each condition of approval will be addressed in the staff report's analysis section. Interim Community Development Director Labossiere asked if there were any other topics Planning Commission would like to have a workshop on. Commissioner Jennings asked why the city must address the State's requirements in the staff report. Interim Community Development Director Labossiere explained that State requirements are included in staff reports for informational purposes to the applicant. Planning Commission Meeting May 22, 2008 Page 4 of 6 11 Commissioner Vancil suggested that Planning Commission have a workshop over the Traffic Improvement Project on city streets. Commissioner JenninQS suggested that the focus group continue to work on Planning Commission issues. It should be enlarged from three members to five members, to provide a variety of opinions. City Attomey Shields presented the condition of approval worksheet and explained applicable statues and various cases. The applicant must be able to comply with the conditions of approval. If a project includes a condition of approval that cannot be legally met, the final decision should be a denial. The Fifth Amendment requires just compensation for property. An "essential nexus" must exist; the state interest and the permit condition must be related to each other. An extraction must be roughly proportional to the impact of the development. There was discussion about proportionality problems of past projects. Commissioner JenninQS asked how the Planning Commission can calculate proportionality. City Attorney Shields stated that staff will indicate proportionality in the findings section of the staff report. City Administrator Derickson stated that TRIPP tests can be used to find traffic related proportionality. Associate Planner Don Dolenc stated that the developer sometimes proposes an impact estimation range, and the city can use several methods of analysis to assess to where, or if, the proposal is appropriate. Staff and developer can work together to decide a lineage. There was discussion in regards to the length and complexity of reports. The city needs to explain to their citizens that Highway 214 and North Pacific Highway are in the State's jurisdiction (ODOT). REPORTS No comments. BUSINESS FROM THE COMMISSION Commissioner Jennings thanked staff for the workshop. Chairperson Lima announced his resignation as Planning Commission Chairperson. ADJOURNMENT Commissioner Jennings moved to adjourn the meeting, Commissioner GrosiacQUes seconded the motion, which unanimously carried. Meeting adjourned at 9:20 pm. Planning Commission Meeting May 22, 2008 Page 5 of 6 12 APPROVED ELLEN BANDELOW, VICE-CHAIRPERSON Date ATTEST Natalie Labossiere Date Interim Community Development Director City of Woodburn, Oregon Planning Commission Meeting May 22, 2008 Page 6 of 6 13 Minutes Woodburn Recreation and Parks Board Tuesday, November 18, 2008 7:00 p.m. 1. Call to Order The meeting and was called to order at 7:00 p.m. 2. Roll Call Boazd Chair Bruce Thomas Present Boazd Secretary Rosetta Wangerin Present Member Joseph Nicoletti Present Member Judy Wesemann Present Member Eric Morris Present Member Charlene Williams Present Member Alexa Moms Present Staff present: Jim Row, Community Services Director; Stu Spence, Recreation Debbie Wadliegh, Aquatic Manager; Services Manager; Paulette Zastoupil, A.A. Approval of Minutes from October 14, 2008. Rosetta Wangerin/Judy Wesemann- Motion to accept the minutes as written. The motion passed unanimously. 4. Business from the Audience None. Centennial Park Final Phase Jim informed the Board that a consultant has been selected for the final phase concept design. The consultants have started surveying and have been asked to draw up concept plans that add some alternative features that were not in the original concept such as; walking path on the perimeter of the baseball fields and a fenced off-leash dog area. Jim stated that he was meeting with the consultants the next day to go over the alternative concept designs and that he will report back to the Board at the next meeting. Downtown Plaza Project Jim passed out the actual design of the gazebo being installed at the Downtown Plaza. The design has been turned in to the building department for permits and the engineers are working on a few requested modifications. Jim expects the permits to be issued in a couple of weeks and Woodburn Rotary and Public Works will start the installation in early spring. Discussion took place on the color, style, fabrication and installation of the gazebo. Off Leash Dog Area Jim shared his thoughts on an unfenced designated off-leash dog area in Woodburn Parks. This idea was conceived after a significant number of Senior Estates residents presented a petition requesting the city construct a fenced in dog area in Senior Estates Park. Discussion took place on the placement of unfenced off leash dog areas in Woodburn Parks; clean up stations, boundaries, restrictions of size and number of dogs, revision of the animal control and park Page 1 14 Minutes Woodburn Recreation and Parks Board Tuesday, November 18, 2008 7:00 p.m. rules ordinances and consideration of another temporary off leash azea in another park until Centennial Pazk is developed. Rosetta Wangerin/Judy Wesemann Motion: to recommend that the City create a couple of unfenced "off leash" dog areas -with one to be located at Senior Estates Park. As this will require minor modifications to the animal control and park rules ordinances, staff will reseazch the concept further and bring a recommendation to Council. The motion passed unanimously. 6. December Park and Recreation Board Meeting Bruce Thomas/Rosetta Wangerin Motion to cancel December 9, 2008 Recreation and Pazk Board Meeting. The motion passed unanimously. Annual Recreation and Parks Board Workshop The Board and staff unanimously decided to hold the workshop on the regular scheduled January 13~` meeting, at 6:00 p.m. 7. Business from the Department Aquatics -Debbie Wadleigh Debbie passed around promotional book marks that were placed in the Big Read books at the library. She is still working on staffing issues and has advertised job announcements on WCAT. This weekend is a big swim meet with 720 participants. The pool is busy with Woodburn, North Mazion and Barracuda swim teams practicing from 3:30 - 7:30 daily, Tuesday and Thursday is water classes and Monday and Wednesday is swim lessons. Debbie explained the Virginia Graham Baker Act which is a Federal Law that requires certain pool drains. Debbie is currently working with Woodburn Public Works engineers in hopes of meeting the December 19`h deadline. Discussion took place on the timing of replacement and the annual closure of the pool. Debbie assured the Board that she was trying to work out the best implementation with coordinating all activity needs. Recreation -Stu Spence Stu shazed that Adult Basketball currently has 14 teams with the season concluding next week. Senior trips continue to be successful with trips to the Canby Christmas Bazaar and Chinook Winds to see the Peking Acrobats. Teen program are currently recruiting for a lead staff person at the Settlemier Teen Center. Youth Advisory Board is still going strong and continuing to build members. We are up to 30 members. At their last meeting, Officer Rick Puente did a gang presentation that was followed by a very interesting Question & Answer session. Stu met with the Boys and Girls Club of America Regional Services Manager, and found that there is a process to go through to get a Boys & Girls Club to come to Woodburn. Our next step is the Community Assessment Tool in which Don Judson and Deb Yaeger will be launching soon. On Halloween, the downtown trick or treating was a huge success with 150 + participants. Activities included pir7atas, games and contests for the kids. Stu reported that we are planning for the Winter/Spring Out and About Activity Guide. The senior project of installing a drinking Page 2 15 Minutes Woodburn Recreation and Parks Board Tuesday, November 18, 2008 7:00 p.m. fountain at Settlemier Park is moving forwazd. All school approvals have been given and now Jesse is starting to fundraise for the necessary $1700.00. Stu met with the city of Albany on how to get a sponsorship program started in Woodburn. He also attended Project CEO at Chemeketa which is a mock interview program for at-risk students. He shared that the first grant award of $25,000.00 from Oregon Community Foundation for the Community Literacy Campaign had been received. Parks and Facilities -Jim Row Jim had nothing new to report. 8. Future Board Business None. 9. Board Comments No comments. 10. Adjournment 8:25 p.m. Rosetta Wangerin, Board Secretary Date Paulette Zastoupil, Recording Secretazy Date Page 3 16 CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: December 1, 2008 To: Natalie Labossiere, Interim Community Development Director From: Building Division Subject: Building Activity for November 2008 2006 2007 2008 No. Dollar Amount No. Dollar Amount No. Dollar Amount Single-Family Residential 3 $399,083 3 $488,296 0 $0 Multi-Family Residential 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds 8 Aits 3 $36,000 2 $25,000 1 $11,664 Industrial 0 $0 1 $700,000 0 $0 Commercial 6 $159,520 6 $561,307 9 $1,798,319 Signs and Fences 0 $0 1 $27,131 0 $0 Manufactured Homes 0 $0 0 $0 0 $0 TOTALS 12 $594,603 13 $1,801,734 10 $1,809,983 Fiscal Year to Date (July 1 - 67,507,844 June 30 515,515,781 54,894,420 I'~Cornn•unrly pCVeloO^'~m`Bwid~nprBudding Aofrvity\BldpAd•2008\Bldg AcuHty ~ MemoS\acGNty -Nov 2008.doc 17 PLANNING PROJECT TRACKING SHEET Revised: Wedt~lesdaY, Qeoember 43.2008 Project Applicant Desaiption Status: Date Deemed 120 Day Flamer Referrals FaciYties Mail Notioe trotioe to Post Stt Rpt Due PC Hearing PC Final Appeal Received Complete Come DaUe Heating for PC Paper Property Admin Dec. Order Deadline SiteLocabon: CU 2008-01, Amoldo oon~tional use Received 10NG12008 11/2012008 0312012009 Don Oolenc 10117/2008 Oenavidez DR 2008- Famiworker Medium desity residential Received 05,EXCP 2008- Housing development 08 Deveopment Corporation (FROG) 10212008 11/102008 03202009 Came 10221'1008 Brennedce LA 2007-02, City of Legislative Amendment Received Waodbum Period Retrie+w Remand City d Waodbum lA 2007-03, City of Legislative Amendment Received W00d~m 270 Montgomery St. 112612007 11ns2oo7 Jim AHen Jim Allen 11212008 1112612008 121002008 12111 !2008 111212008 11/2812008 12/04/2008 12/11/2008 05!242008 05242008 06/05!'1008 06!132008 06/132008 062601008 Page 1 of 1 18 PLANNING PRalECTS ~INGCI~IP!*ET~ f Mt3t~~: Revised: Wednesday, December 03, 2008 Incomplete LU Project Appicant SiteLaxtion: Description Stahl: Date Received Sent Out 120-App Received 18Q-Expiration: Planner FSUB 2008.01, Steve Famsworlh- Welkin 344 Hardcastle Ave. Final Subdivision approval Incomplete 09/0312008 10116@008 1!112009 03102/2009 Don Dolenc Engneerirg PAR 2008-07, Ttreron Covey, Churchill 417 Gatch Street Partition property nb 2 parcels Incomplete 09110x2008 10x1x2008 118fZ009 03/09/'1009 Carrie Brennedre Leonard PUD 2006-01, ZC 2006-Ot, Boones Crossing, LLC - Parcels i, 2 3 3 of Partition Nbdifications to Boones Incomplete 10/31/2006 212812007 0412912007 Jim ANen CU 2006-04, CPC 2007-01 Mike Hanks Plat 2006-55 Crossag PUD Page 1 of 1 19 Type t Applications App Complete Folder Name A licant pp Pro ect /Pre I App Mtg SiteLocation Description Oate Recd: Pre-App Memo Complete Status: Planner: BL 2008-122 Amwndo Mejia Mejia's Remodeling 3571 Palimino AV remodeling 11104!2008 Oenied-Final Carrie Brennecke BL 2008-130 Teresa M. Teresa M Slaughter 1201 Independence bookkeeping service 11/2612008 Carrie Slaughter Bookkeeping CT Brennedte BL 2008-129 Carlos Ordaz Service Taxi Cab 630 Wilson ST taxi service 11/26/2008 Carrie Rojas Brennedte FPUD 2007-02 Bryan Cavaness Boones Crossing Dahlia Street and 07N2/2007 Don Ddenc Phase III Brown Street FSUB 2008-01 Steve Castle Court 344 Hardcastle Ave. final subdivision plan approval 09/03/2008 Incomplete Don Ddenc Farnsworth- Subidivision Welkin Engineering SIGN 2008-11 Advanced Elecfc Carl's Jr. Restaurant f 755 Mt. Hoad Ave, (3) 25.75 sq. ft, wall signs 05/16/2008 Hdd Natalie Sign Labossiere SIGN 2008-10 Advanced Electric Carl's Jr. Restaurant 1755 Mt Hood Ave. 13.36 sq ft wall sign 05/16/2008 Hold Natalie Sign Labossiere SIGN 2008-27 Wat-Mart (Shade Wal-Mart 3002 Stacy Allison Modfications to an existing electrigl sign 11/24/2008 Don Odenc L O'Quinn yyy BL =Business License EXT =Extension FPUD =Final PUD S1GN =Sign Pernut TMKT - Tenporary Marketing Permit TSP = Tert~tonry Sign Perrret PAPP =Pre-Application FNC =Fence Perrttit P[A =Property Linc Adj Wednesday, fleeenrber 03, 2008 20 Activity Report - October 16 2008 to ember 03 2008 Folder Name Applicant Project SiteLocation Description Date Recd: App Comple Status: Planner: BL 2008-109 DurreN Royce DRCC screenwriter, restoration, and consulting 10/17/2008 10/21/2008 Approved Don Ddenc Sys services BL 2008-110 Leedward LLC Cuppy's Coffee 8 987 Lawson AV Fast serve coffee restaurant 10/21/2008 10/21/2008 Approved Don Ddenc More BL 2008-t 1 t Deis Berdejo DBS Carpet Cleaning 2934 4th St. carpet Leaning 10/23/2008 1 orZ3/2oo8 Approved Don Dolenc Sanchez BL 2008-112 Frank Arlington Absolute Moving 311 S. Evergreen Rd, moving service 10/23/2008 10232008 Denied•Final Don Ddenc Rojes Service K141 BL 2008-113 Olivia Amaya Amaya's Xmas 1048 McKinley ST Christmas Wreaths 10/30/2008 11/03/2008 Approved Dor- Ddenc Wreaths BL 2008-114 Annette M. D 8 A Paulsen, LLC 1585 N Pacific HY, Women's Fitness Center 10/30/2008 11/03/2008 Approved Dtxt Ddenc Paulsen STE K 8 L Ui_ 2008-115 Maria Bravo Tienda la Jerusalem 585 N Front ST variety store 10/31/2008 11/06/2008 Approved Don Ddenc Equihoa BL 2008-116 Pedro Cabrera Jr.'s Auto Repair 947 S Paafic HY A automotive repair 10/31/2008 11/04/2008 Withdrawn Don Ddenc BL 2008-117 Alfredo Paniagua Las Paniaguitas 765 S Paafic HY, Unit produce market 11/03/2008 11/04/2008 Denied-Final Don Ddenc Produce 5 BL 2008-118 Jose A. 2.amudio Mexico Transfers, Inc. 174 Garfield ST money transfer services 11/03/2008 11/04/2008 Approved Don Ddenc BL 2008-119 Enrrique Torralba Taxi Flores Puebla taxi service 11/03/2008 11/06/2008 Approved Don Ddenc Moya BL 2008-120 Maria de bs MGE Housekeeping 990 S. Paafic HY housekeeping and yard maintenace 11/04/2008 11/13/2008 Approved Carrie Brenneck Angeles Piedra and Garden Maintenance BL 2008-121 Rufina Avendaso L2 Tienda del Ahorro 158 Grant ST tumiture store 11/04/2008 11/05/2008 Approved Don Dolenc BL 2008-122 Armando Mejia Mejia's Remodeling 3571 Palimino AV remodeling 11/04/2008 Denied-Final Carrie Brennedc BL 2008-123 Juan Gilberto Juan's Upholstery 495 Rye ST upholstery services for fumiture/autas 11/13/2008 11/14/2008 Approved Don Ddenc Villalvazo BL 2008-124 Michael 8~ Tasha Freitas Marketing 2607 Duke ST marketing services 11/14/2008 11/21/2008 Approved Carrie Brenneck Freitas Sdutions, LLC BL 2008-125 Socorro Villarreal EI Palaao del Vestir 397 W Hayes St clothing and accessory store 11/21/2008 1121/2008 Approved Don Dolenc Arellano Wednesday, December 03, 2008 BL =Business License EXT =Extension SIGN =Sign Permit TMKT =Temporary Marketing PeRnit TSP =Temporary Sign Permit PAPP =Pre-Application FNC =Fence Permit 21 Folder Name Applicant Project SiteLocation Description Date Rec'tl.• App Comple Status: Planner: BL 2008-126 VII Inc Ellington Leather Co. 1001 Amey RD, STE leather store 11/21/2008 1121/2008 Approved Don Dolenc 508 BL 2008-127 Maria Ariana Z Best Cleaning Svc 586 Warren WY janitorial service 11212008 11212008 Approved Don Ddenc Resendiz BL 2008-128 David Wanous Adventure Roofing Contractor roofing company 11/252008 1126/2008 Approved Don Dolenc LLC BL 2008-129 Carlos Ordaz Service Taxi Cab 630 Wilson ST taxi Service 11/262008 Carrie Brenneck Rojas BL 2008-130 Teresa M. Teresa M Slaughter 1201 Independence bookkeeping service 11/262008 Carrie Brenneck Slaughter Bookkeeping CT FNC 2008-23 Jose Jcel Jose Juol Hernandez 1199 Greertview Drive 6 to 7 foot yard fence 10/172008 10/172008 Approved Don Dolenc Hernandez FNC 2008-24 Maria Kaya Pavel Kaya 1605 Laurel AV fence along the side property line 11/062008 11/062008 Approved Came erennedc FNC 2008-25 Delta Wortcs Teny Long 3393 McNaught ST 6' side yard fence 11/182008 11/182008 Approved Don Dolenc Construction SIGN 2008-25 Brighten Youd Welcome to NW comer of welcome to Woodburn monument sign 10/162008 11/182008 Approved Don Octant Woodburn Evergreen Rd 8 Highway 214 SIGN 2008-26 Meyer Sign Meyer Sign Company 1001 Amey RD, STE (1) wall sign on front, exterior wall 11/12/2008 11/192008 Approved Don Dolenc Company -Steve of Oregon 508 Murphy SIGN 2008-27 WaI-Mart (Shade Wal-Mart 3002 Stacy Allison WY Modifications to an existing electrical 1124/2008 Don Dolenc L O'Quinn sign TSP 2008-15 Kirian Enterprises Kirian Enterprises LLC Comer of W. Hayes 64 sq. ft. lavm signs displayed from 10272008 10272008 Approved Carrie Brennedc LLC -Ruben ST 8 Harvard RD 10272008 tb 12282008 Midura TSP 2008-16 Connie Grade Portland - Woodburn 115 N Amey RD 3' x 2' Temporary Sign Permit - Hdiday 1 V102008 11!13/2008 Approved Carrie Brennedc RV Park Craft Ba2aar TSP 2008-17 Woodburn Woodburn Company 1001 Amey RD 400 sq ft temporary banner to be 11/172008 11H72008 Approved Don Dolenc Company Stores - Stores displayed 12/12008 through 12- Kristy Kummer /162008 TSP 2008-18 Company Stores - Company Stores 1001 Amey RD (1) 400' banner displayed from 11/242008 12/012008 Approved Carrie Brennedc Kristy Kummer 12/162008 through 12/312008 Wednesday, December 03,1008 BL =Business License EXT =Extension SIGN =Sign Permit TMKT =Temporary Marketing Permit TSP =Temporary Sign Permit PAPP =Pre-Application FNC =Fence Permit 22 WOODBURj~]~ ~I~!'~fti fn::•yc:.eitrf 1Ftl9 [Meeting Date] TO: Honorable Mayor and City Council through City Administrator VIA: Scott Derickson, City Administrator FROM: Mary Tennant, City Recorder W"~ SUBJECT: Certified Election Results -November 4, 2008 General Election RECOMMENDATION: Accept the November 4, 2008 Certified Abstract of Election Results from Marion County Elections. DISCUSSION: Marion County Elections has provided the City with the certified results of ballots cast within the City on the following Mayor and Council positions: Manor Councilor -Ward II Cliff Zauner 2,416 J.M (Mel) Schmidt 264 Kathryn K. Figley 3,166 Richard Bjelland 197 Write-!ns 61 Write-Ins 26 Over Votes 3 Over Votes 1 Under Votes 829 Under Votes 184 Councilor - Ward I Councilor -Ward Vl Walter Nichols 442 Elida Sifuentez 209 David Vancil 384 Kristen O. Berkey 320 Dick Pugh 508 Write-Ins 7 Write-Ins 36 Over Votes 0 Over Votes 2 Under Votes 94 Under votes 337 Total Registered Voters: 7,730 Agenda Item Review: City Admini City Attorney IV7t,~ Finance .!URISDICTtD~!hL CAt+IVASS CITY 56 WOODBURN FINAL OFFICIAL REPORT t9ARIJN COUNTI`, OREGON REPORT-EL96 PAGE 001 NOV. 4. 2006 GENERAL ELECTION RUW DATE I1!21lOE Cr? 4G PM CITY DF WDODTiURN - (4A'POR VOTES PERCENT VOTES PERCENT 01 = Ctiff 2auner 2,416 42.81 04 = OVER VOTES 3 02 = Kathryn Keller Fi91ey 3 166 56.10 05 = UNDER VOTES 929 475 6 03 = WRITE-IN ------ 61 -------- 1. OE --------- 46 = ----- BALLOTS CAST , ------- 01 - 02 - 03 -------- 04 05 --------- Ob ----- OH15 ------- 662 ------ 817 10 0 220 1?09 OH25 231 332 6 1 102 X72 0835 343 326 SO 0 ?4 ?53 OB45 ?25 1016 g O 2?6 2025 0955 216 373 15 O 80 666 OH65 237 302 1~ 2 '7 630 1 esrtlty ttiatlM votes recorded on this atKtwd consctly summarize the tally of votes cad at the eleetlort indkvted. // 2-l~z~~ g Signature of County Clerk Date of Abstract 24 JURISDICTIONAL CANS+A55 WOOD6URN WARD i FINAL OFFICIAL REPORT MARION COUNTY, OREGON REPORT-EL86 PAGE OG1 NOV. ~. 2006 GENERAL ELECTION RUN GATE: 11:'21.`08 02 40 PM ~:IT\' OF WOODEURN - WARq I VOTES PERCkNT VOTES PERCEh.IT 01 = Walt?r B Niihole 44< 32. 2h OS = OVER '!OYES 2 337 S?2 = gavii A Vancil 3b~ 28.03 O6 = VNDER VOTES 1,709 03 = gic6 Pugh 50~ 37.08 07 = BALLOTS CAST ~?4 = WRITE-IN 3ti ---------- 2.63 ---------- ------ ---- ------------ O1 02 03 --- 04 OS ----------- O6 ------ 07 ---- G815 ----------------- 44~ 384 809 36 2 337 1709 (eart!(y that the votes rerorded on this abstract eorrectly summarize the tally of votes cast at the elactlon india+ted. ~x ~~ Z-Y 2aJ0 Stgciaturo of County Clerk Uate of Abstraet 25 JtJRISDICTIONpi_ CANVA55 WOODBI1Rfd WARD 2 FINAL OFFICIAL REPORT MARION COUNTY, OREGON REPORT-EL86 PAGE 001 NOV. 4, 2008 GE(dE_P.pL ELECTION RIJN C~pTE il:'-1/QS 0~:4C• PM CITY OF IJOOCGURN - iJARD II O1 = ..~ M (Mel) Schmitt O? = Richard B,}elland ~] = WRITE-IN L'OTES PERCENT 2b4 54.21 04 = OVER VOTES 147 40. 4S OS = I.~NDER VOTES 26 5.34 Ob = BALLOTS CAST VOTES PERCENT 1 184 672 -------- G 1 ------ 02 ------ O.P. ------ 04 ------ OS ---- Ob C~B25 2ei4 1?7 3t 1 164 X72 1 wAMy that tha votes recorded on this abstract e0rrectly wmmariza the tally of votes cast at the elaotbn M^^dletted. 1 ~ / /) 2~ _.~w S~aa~ i a rrowlyr gaelt oM. of /lbafraat 26 .!URISGICTIONAL CANVASS WOODBURtd WARD b FIt4AL OFFICIAL REPORT MARION COUNTY, OREGON REPORT-EL86 FAGS 001 hd0'J. 4, 2006 GENERAL ELECTION HUN GhTE:llr21!08 02:40 FM CITY OF WOODEURN - WARD ','I l'OTES PERCENT 01 = Fli~ia Sifuent?z 209 38.99 02 = Kristen O Berkey 320 59.0 ------------------------------ O1 02 03 Q4 OS ae~4 Zoe 320 ~ 0 94 VOTES PERCENT 04 = OVER VOTE1 O OS = UNDER VOTES 94 06 = BALLQTS CAST" 630 ab 630 1 certify that the votes recorded on this abstreet tOrrecUy summarize the tally of votes cast at the electior- in ipted. G ~- ~ ~ z v~L~.u- Slanature of Count Clerk Date of Abstta~t 27 vv ~N 1~~ leror~er~rel +Ae9 December 8, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Public Works Director SUBJECT: 1274 ST" Street Permanent Easement Vacation RECOMMENDATION: After public hearing, by motion, instruct staff to prepare an ordinance vacating a portion of the permanent easement located in northeast corner of 1274 Stn Street, as shown in Exhibit 1. The portion of the permanent easement in question does not contain public utility lines. A portion of an existing building within the Nuevo Amanecer Apartment Complex is located in the easement. The easement does not serve as an access or parking area and there are no City plans that require the use of this easement. Franchised utilities have been notified of the vacation. Portland General Electric NW Natural, Wave Broadband and Qwest responded and they do not have any issues regarding this easement vacation. The City Council initiated vacation proceedings on October 10, 2008 by adopting Resolution 1915. A public hearing to decide whether the westerly portion of the triangular section of the permanent easement on the northeast corner of 1274 5th Street should be vacated was set for 7:00 P.M. on December 8, 2008. The public hearing will take place at the Woodburn City Council of Chambers located at 270 Montgomery Street in Woodburn, OR. Agenda Item Review' City Administrates ) City Attorney 28 Honorable Mayor and City Council April 16, 2005 Page 2 DISCUSSION: A. FINDINGS OF FACT: 1. Loccflon: The proposed permanent easement to be vacated is a triangular section located on the northeast corner of 1274 5th Street. A location map is provided in Exhibit 1. 2. Jurisdiction: The City has jurisdiction over the permanent easement proposed to be vacated. 3. Current land use and zoning: The property surrounding the area to be vacated is zoned Medium Density Residential (RM). The surrounding land use and zoning will not change by vacating the proposed portion of the permanent easement. 4. Current use of permanent easement proposed for vacation: A portion of an existing building within the Nuevo Amanecer Apartments is located in the easement. There are no public utility lines and no franchise utility lines in this portion of the permanent easement. 5. Transportation needs: By vacating this portion of the permanent easement, the needs of the public will not be prejudiced. CONCLUDING REMARKS AND COUNCIL'S OPTIONS A. Remarks 1. The City initiated the vacation proceedings as authorized by ORS 271.080 and make such vacation without a petition or consent of property owners. 2. Notice of the public hearing has been duly given in accordance with ORS 271.110. 3. As of this date, no objections have been filed by property owners within the affected area. 29 Honorable Mayor and City Council April 16, 2005 Page 3 B. Council's Options 1. Council may reject the vacation application and stop the vacation process. 2. Council may approve the vacation of the portion of the permanent easement as indicated in Exhibit 1. 3. Council may modify the conditions of approval and/or direct staff to provide additional information. It is recommended that the city council choose option " 2" and instruct staff to prepare an ordinance vacating that portion of a permanent easement at 1274 S+h Street, triangular section in the northeast corner of the property in question. FINANCIAL IMPACT: The recording fees will be paid by Farmworker Housing Development Corporation ~FHDC) to fund the process. 3~ Honorable Mayor and City Council April 16, 2005 Page 4 APPENDIX ONE Farmworker Housing Development Corporation (FHDC) is rehabilitating the existing apartments at 1274 5th Street and during their survey they found out that building 9 is in conflict with a permanent easement. FHDC contacted the City and after the City's review of the Easements, FHDC was told to start a Vacation Process. Mr. Roberto Jimenez, Executive Director of FHDC, submitted a petition to vacate the subject portion of the permanent easement in July 2008. At a later day Mr. Mike Di Blasi, Project Manager for FHDC, asked if an easement correction could be done instead of a vacation process. At about the same time City Staff were determining the location of the sewer and storm pipes and eventually found out that both pipes are outside of the portion of the easement in question. The City's legal staff was informed of the petition to do an easement correction by FHDC and, instead, advised staff to do a vacation process. City Staff reviewed the site and utility lines around the subject site and concluded that it is in the City's best interest that the vacation process be initiated by the City as per ORS 271.080 and 271.130. 31 Honorable Mayor and City Council April 1 b, 2005 Page 5 • • APPENDIX TWO Appliccble Statues A. In accordance with ORS 271.130, the city governing body may initiate vacation proceedings. The council initiated such proceedings on October 10, 2008. C. In accordance with ORS 271.100, action by the Council, Resolution No. 1945 was passed on October 10, 2008, which set a date, time and place for the public hearing as to whether that portion of the permanent easement at 1274 S+h Street, triangular section in the northeast corner of the property in question should be vacated. D. Notice of public hearing has been published in the local paper in accordance with ORS 271.110. Notice of the hearing was also posted on-site at each end of the proposed area to be vacated. E. ORS 271.120 Hearing Determination, provides for the governing body to hear the testimony and objections filed, determine whether the consent of the owners of the requisite area have been obtained, whether notice hos been duly given and whether the public Interest will be prejudiced by the vacation of a portion of the permanent easement. The criterion as stipulated above has been met, and as of the date of this memo, no written objections have been submitted to the city. F. The vacation meets all other state and local guidelines concerning easement vacations. 32 EXHIBIT 1 ~ \ : ~ ~i~ ~ ~ ~ ~ \ ~ ~' ~ PORTION OF EASEMENT •` I. TO BE MAINTAINED ~ ~~ ~ 1 ~~ ~\ ~ A ~ ` 1 ~ ®PORTION OF EASEMENT ~\/ ~ ~ ~ ~ TO BE VACATED ~~~~~ w f°~ PARCII.1 PAItTRTON PLAT l~W. 99-16 ~ i i ~~ ~ i ~ 1 i i ~,/~i t i ` ~ ~ / r •~ ~ _ / \ ~A ~~~i ~ \ \ .~ ~+ ~ ,, ~ s o x.14 11 EASEMENT NOTES ~°~G' ~\ 4 tO UaEO ACISG F11dAgpEE A110 Ft-11WIEl1f ao-E AID ~~ ~ FEHEIIGE iy6Ol01t N OpEI! 10 lvu~ C- OG[oON. FX ,~ Ala tFEtDWI n star IGEIEEGr C01F1FNlION Gt7t000E0 OCIVIR R 1171 N OOpt 713 /AGE OY~ OEm ~~ ~? O AM tASflElt FOG URItt t1EG0lE! A t~ C71Y OF / lao®ENI PQ BOClEEOrt Fi000O0N ig141GtR L N77 ~ N Ilffl E01, EMS QA~ f1W tK001OS. ~ ~~~ O MODIFIED BY CITY ~ ~7~R ~~Q~~y~~~ JULY 13, 110ER1i7E R1W0Y L. alo7 EASEMENT SKETCH re~ NUEVO AMANECER PHASE I IT74 iilll llE1T N u x 1 ~ Ef lEt:tOG 7, iR A111, luE. •'~ ~~+~~+~- _EE~"ra< SEE EEh1St1 AWN 8Y: AMJ p(ED BY: RlR ATE: 10 Jt 06 SCALE: t"~~ OT GATE:11 J08 FiO.: 07-298 E)OP1F1Q 1l~E-06 OA Ff IAII. EAEOI t•fIDl EIGe A~/7-EN1R06 • Erlt 9a1WD'R 33 ,.:ti,~A,r'~a ~,,~ '`]V DBURN December 8, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Ben Gillespie, Finance Director SUBJECT: Transfer Appropriations RECOMMENDATION: Council adopt the attached resolution transferring appropriations BACKGROUND: The slowdown in housing and commercial construction that has plagued the rest of the nation caught up to Oregon in 2007. The situation continues to deteriorate in Marion County and the City of Woodburn. The General Fund and the Building Fund have been particularly affected by the economic and construction downturn, and the new labor contract for the Woodburn Police Association has added additional pressure on the General Fund budget. Current issues in the General Fund that must be addressed include revenue shortfalls and increased costs associated with the Woodburn Police Association contract. In the General Fund shortfalls include:. • Planning Fees shortfall $ 56,000 • T & E Fees shortfall 14,000 • Unbudgeted costs of WPA contract 147,000 • Traffic Fines shortfall 58.000 Total 275 000 In the Building Fund the revenue shortfall is forecast to be $75,198. DISCUSSION: fn response to the changing financial conditions, the City Administrator has already authorized the following actions: • Not purchase the budgeted generator (Capital) $14,078 • Not purchase the budgeted projector (Capital) 2,500 • Use one month of savings from open CD Director's position 10,654 • Reassign Associate Planner to Public Works 27,455 Agenda Item Review: City Administrat City Attorney Finance 34 Honorable Mayor and City CotJncil December 8, 2008 Page 2 • Hoid open a vacant position in the Police Department 32,081 • General Fund Salary Savings 40,261 • Apply the savings from medical insurance 77,971 • Reduce Contingency from 10.7% to 10.0% 70,000 Total General Fund Savings $275,000 In the Building Fund staffing will be reduced: • Reduce two Building staff to 10 hours per week each, and reassign 30 hours per week to Public works 75 198 Total Building Fund Savings 75 198 The dilemma with laying off Building and Planning staff is the immediate cost savings achieved versus maintaining qualified staff and high levels of consistency in services. Currently, Public Works has a need for services that could be provided by the Associate Planner, the Building Official and the Building Inspector. Specifically, emergency operation response planning, water management planning, city facilities assessment, and capital project inspections. In the Technical and Environmental Fund, budget will be transferred from Contracted Services to Personal Services in order to cover the reorganization's costs. Retaining these employees on staff will prove very important to Woodburn's ability to respond quickly and effectively when construction rebounds. The City Council is now being asked to approve the attached budget resolution correctly resizing the budget with these cost saving measures. There is the possibility that the City's Urban Growth Boundary can be increased in the next year. If that happens, the City is well positioned to move the Planner, the Building Official, and the Building Inspector back to full time in their original programs. If the UGB expansion is not approved in the near future, the City has taken the necessary steps to protect fund balances in the General Fund and the Building Funds. FINANCIAL IMPACT: In the General Fund expenditures will be increased by $70,000 and Contingency will be decreased by 70,000. This leaves Contingency at 10.0% of expenses. In the T & E Fund Personal Services will be increased by $95,000 and Materials and Services will be decreased by 595,000. Contingency will not be affected in the T& E Fund. 35 COUNCIL BILL N0.2757 RESOLUTION NO. A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS DURING FISCAL YEAR 2008 - 09. WHEREAS, Oregon Revised Statutes 294.450 allows for the transfer of appropriations within a fund to an existing appropriations category within the same fund during the year in which appropriations are made, and WHEREAS, a transfer of General Fund operating contingency appropriations is necessary to reflect declining revenue and to provide for the additional costs of the new Woodburn Police Association labor contract, and WHEREAS, transfers of appropriations in the Technical & Environmental Fund are necessary to provide for the reassignment of City staff, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That authorization is hereby given to transfer the following appropriations during fiscal year 2008-04: GENERAL FUND: Transfer from Contingency $70,000 Transfer to: Police, Personal Services $70,000 TECHNICAL & ENVIRONMENTAL FUND Transfer from: PW Engineering, Material and Services $95,000 Transfer to: PW Engineering, Personal Services $95,000 Approved as to Form: City Attorney Date Page 1 -COUNCIL BILL NO. 2757 RESOLUTION NO. APPROVED Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 2 -COUNCIL BILL NO. 2757 RESOLUTION NO. KATHRYN FIGLEY, MAYOR 37 /~ l ntor~ara~ed idd9 December 8, 2008 TO: Honorable Mayor and City Council through City Administrator Thru: Scott D. Russell, Chief of Police FROM: Thomas P. Tennant, Captoin SUBJECT: liquor Ucense Change of Ownership - limited On-Premises Sales RECOMMENDATION: The Woodburn City Council recommend that the OLCC approve a Change of Ownership application for Woodburn Bowl LLC. BACKGROUND: Applicant: Woodburn Bowl LLC 435 N. Pacific HWY Woodburn, Or 97071 503-981-1500 Business: Woodburn Bowl 435 N. Pacific HWY Woodburn, Or 97071 503-981-1500 Owner: Klock, Robert Dale 1338 Hemlock St NW Salem, Oregon 97304 503-951-0640 License Type: Umfted On-Premises Sales -Permits beer, wine and cider sales for on-premises consumption only. Agenda Item Review: City City Attorney ~"``'" Finance 38 Mayor and City Council December 8, 2008 Page 2 On November 17, 2008 the Woodbum Police Department received an application requesting approval for a change of ownership for Woodburn Bowl LLC, located at 435 N. Pacific Hwy. This location originally housed the Woodburn Lanes Inc. which possessed a Limited On-Premises Sales license. The above-mentioned applicant is applying for a change of ownership with a limited on-premises sales license through the Oregon Liquor Control Commission. The business will be open from 12:00 pm to 10:00 pm on Sunday and 8:00 am to 12 midnight Monday through Saturday. There will be food service while the business is open, and alcohol is being served. There will be coin-operated games, video lottery machines, along with the bowling center located at the business. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. DISCUSSION: The police department has completed a background investigation on the applicant and found nothing of a questionable nature, which would preclude the issuance of this liquor License. FINANCIAL IMPACT: None 39 PAiD P~ ..~ -i t ~ ~~. OREGON LIQUOR CONTROL COMMISSION ~ --'- LfQUOR LICEN E ~tRL1~~aI0N ! Gov ~1 ~ ~~5~ PLEASE PRINT OR TYPE • MINA ,, v4 •! ~IJY (1F WppD~1 -A~'TI~NS NEE ~i~1~ID COUNTY USE ONLY T`!~"~~~ui-cil or county commission: LICENSE TYPES hi ~ Ch O / p ange wners yr) O Full On-Premises Sates ($402.60 (""nt° of `~' ~ cauntY) ^ Commercial Establishment O New Outlet O Caterer O Greater Privilege r+st:ontmends that this ifcens~ be: O Passenger Carrier O Additio+rtai Privilege Granted O Denied ^ O Other Public Location O Other ^ Private Club By: _ b( Limited On-Premises Sales ($202.60tyr)~ ~ ,,_ (aignature) (date) ^ Off-Premises Sales ($100/yr) ~ _ Name: O with Fuel Pumps _ fie O Brewery Public house ($252.60) ' O Winery ($250/yr) ,,. O~CC USE ONLY her. O O t Appitcatlon Recd by. ! -1 ~L' ^^ ,, ^^ ~'',, ~KK~J~.t~s ~ e' s Date: ~~ ~~~~~'~ '~'~ O Individuals O Limited O Corporation ~ Limited Liability , Partnership Company 90-day authority: ^ Yes ^ No 1. Applicant(s): [See SECTibN 1 of the Guidej o ~ ~~ ~a~„tti~ 3vw I rl.l.~ (~ 2. Trade Name (dba): ~,~Q22( V {(h ~11~ ~ ~ -(~ `'t ~p 3.6usiness Location: ~'J~ ~ . ~s~~,t~~~ Clw~ VVoc~bul(n 1'1~YIbV1 ~~- ~~G1 ~ (number, street, rural routs) ty) (county) (state) (ZIP code) 4. Business Mailing Address: ~WIY1t'~ (PO b2oa, number, street, tirel route) (dty} (state) (ZIP code) 5. Business Numbers: ~~3, ~~~- ~ ~~~ (~+«+~} (tai 6. Is the business at this location, currently licensed by OLCC? Yes ONo 7. If yes to whom:~~IJIY(1 tk~QS C °~ ~~~~yN~'e of Licer-se:_ ~~~T'W l~Yti'~r('~1~5 ~~S 8. Former Business Narne: ~Y~ l..t~.l~~~ ~~. 9. Wiil you have a manager? ^Yes ~No 10. What is the local governing body where your business is located? 11. Contact person for this sr mfust fpl V~out an Individual history form) - r- .. n ~ of city or county) ~ _ ,; ^ . , .~~- ~~~ 1 understand that if my answers are not true and complete, the OLCC may deny my licarisse appitcation. App~nt(s) ~ignature(a) and pate: ~-'~ - ~-: ~ ~ . O ~tiC ;, J ~ ` { Date /~ "aS "'1 ~ ® 0 f' T 2 cpg~~ m Date m _ Date 1-800-452-OLCC {6522} ` ~ ' ~ ~ =' ~ ~. - aaww.o/ccstateq:Q us ~;., ~~, 'W N Inao,~o,a,sd /da9 December 8, 2008 TO: Honorable Mayor and City Council through City Administrator Thru: Scott D. Russell, Chief of Police FROM: Thomas P. Tennant, Captain SUBJECT: Uquor Ucense Chanfle of Ownership -Full On-Premises Sales RECOMMENDATION: The Woodburn City Council recommend that the OLCC approve a Change of Ownership application for Wendy's Happy Gorden Buffet, Inc. BACKGROUND: Applicant: Wendy's Happy Garden Buffet, Inc. 1575 Mt. Hood Ave Suite 130 Woodburn, Or 97071 9 71-983-3388 Business: Happy Garden Buffet 1575 Mt. Hood Ave Suite 130 Woodburn, Or 97071 9 71-983-3388 Owner: Ou, Wenzhen 981 NW Hobart Ave Corvallis, Or 97330 971-983-3388 License Type: Full On-Premise Sales -Permits beer, wine, cider and hard alcohol sales for on-premise consumption only. Agenda Item Review: 41 Mayor and City Council December 8, 2008 Page 2 On November 12, 2008 the Woodburn Police Department received an application requesting approval for a change of ownership for Wendy's Happy Garden Buffet, Inc. located at 1575 Mt. Hood Ave Suite 130. This location originally housed the Happy Garden Buffet, Inc which possessed a Full On- Premise Sales license. The above-mentioned applicant is applying for a change of ownership full-on-premise sales license through the Oregon Liquor Control Commission. The business will be open from 11:00 am to 11:00 pm Sunday through Wednesday and 11:00 am to 2:00 am Thursday through Saturday. There will be food service while the business is open, alcohol will be served from 11:OOam through closing. There will be live music, recorded music, DJ music, dancing, karaoke and video lottery machines, located at the business. The live or DJ music will be from 9:00 pm to 2:00 am, Thursday through Saturday. The police department has received no communication from the public or surrounding businesses in support of or against the change of ownership. DISCUSSION: The police department has completed a background investigation on the applicant and found nothing of a questionable nature, which would preclude the issuance of this Liquor License. FINANCIAL IMPACT: None ~ ...._ i ~ _ . - Nf~ll 12 ~ ~ ~5 °° OREGON LIQUOR CONTROL COMMISSION j } ~~ 26s4 LICJUC~R { {C:FN~F APPI fC:ATIC~f~,1 ~ ~ : ~r .~. -- --- -- - -• --• --- ... _.-....~. ~ ~cii~irb~'woooa _ ,~ if PLEASE PRINT OR TYPE ~jDIlCatlOn IS t)ein(~made fOr: FOR CITY AND COUNTY USE ONLY LICENSE TYPES ACsTIONS The city council or county commission: 6~F II On-Premises Sales ($402 60tyr) Chan e Ownershi . g p (name of aty or county) m Commercial Establishment ^ New Outlet D Caterer ^ Greater Privilege recommends that this {Icenae be: O Passenger Carrier ^ Additional Privilege ^ Other Public Location ^ Other Granted O Denied O ^ Private Club ey; ^ Limited On-Premises Sales ($202.60/yr) (signature) (date) ^ Off-Premises Sales ($100/yr) Name: O with Fuel Pumps ^ Brewery Public House ($252.60) Title: ^ Winery ($250/yr) ^ Other: Dl i : A OLCC U ON Y Application ec'd by: D y nq as Q Date: ^ Limited (Corporation ^ Limited Liability ^ Individuals Partnership Company 90-day authority: ^ Yes D 1. Entity or individuals applying for the license: (See SECTION 1 of the Guide) O 1+~endVS NaDO~ ~4vdeh $tt~e``" ~ SkC. ,~ 2. Trade Name (dba): NQ~Py ~ar<I~~ DUB ~1 c'~ 3. Business Location:15~5 M+.4-~C1 Avg tS-..ti~~~1J Wcbdbt-.rn N4~ric,~ ~7y`-71 (number, street, rural route), (city) (county) (state) (ZIP code) 4. Business Mailing Address: SAM (PO box, number, streak rural route) (city) (state) (ZIP code) 5. Business Numbers: R~l 1- 9 Q,3 ~ 33aB (phone) (fax) 6. is the business at this location currently licensed by OLCC? ~'es ^No 7. If yes to whom: }~ Tt~w C--r~tnclen [~~~1 i11~-~~Ir)cjype of License: FU ~ ~ ©Y'1 1~'~Y1'1 it£ 8. Former Business Name:~~~L~~~LC]C~~~~ 9. Wi11 you have a manager? ^Yes 6?14o Name: (manager must fifl out an Individual history form) 10. What is the local governing body where your business is located? Cr-~~ ~~b111-tn (name oTc-ity_or county} 11. Contact person for this application:...~USe C-IOr~zQIeZ So3 -R5 / -658 a (name) (phone number(s) 1605 r^4~r4YOVV+ds Q.d NE,Selcm CSR 51301 5o~..3g1-p~194 ;oseaohzaltz~+-tt~ctasarealesi~g~-net (address) (fax number) (e-mail address) ~~11uu t understand that if my answers are not true and complete, the O~CC may ~~Qi~~pi~~t16~1ds Applicant(s) Signature(s) and D o ~.J Date `~ 1 ~z log, © $OOZ ~ 7, rl3~te ® Date ® ~t~st~i~oo~oalrio~ ~;~~ivo~3ao 1-800-452-OLCC 56522] C~~/~~3J~'d www.oregon.gov/o cc (rev. X2107) 43 ~~r-^~i W' BURN In.urrcrarrA fddH p Iz~. December 8, 2008 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Derickson, City Administrator SUBJECT: Concellation of December 22, 2008 Meeting RECOMMENDATION: Consistent with past practice, it is being recommended that the City Council, by motion, consider canceling the December 22, Regular City Council Meeting. BACKGROUND: Historically, the City Council has chosen to hold one City Council meeting in the month of December due to the Holiday schedule. DISCUSSION: Section IV, (13) of the City Charter requires that, "the council shall hold a regular meeting at least once each month in the City at a time and at a place which it delegates." The City Council will have satisfied the Charter requirement of one meeting per-month at the conclusion of the December 22, 2008 meeting and may cancel the December 22 meeting if deemed appropriate. FINANCIAL IMPACT: There is no financial impact. Agenda Item Review: City Administr(~tOr~ qty Attorney Finance MEMORANDUM OPINION 2008-01 TO: Mayor and City Council Scott C. Derickson, City Administrator FROM: N. Robert Shields, City Attorney DATE: December 8, 2008 SUBJECT: Selection of City Council President uestion• The question, as I understand it, is what legal process should be followed when a City Council President is selected pursuant to the Woodburn City Charter and state law. Discussion: The main section of the Woodburn City Charter that addresses selection of the City Council President is Section 18 which provides: Section 18. President of the Council. At its first meeting after this charter takes effect and thereafter at its first regular meeting in the month following a biennial general election, the council by ballot shall elect a president from its membership. Under the established law a vote taken "by ballot" is one submitted in writing. So as not to violate the Oregon Public Meetings Law, however, the ballot may not be a secret ballot. The Oregon Attorney General has opined as follows: Ballots are not prohibited but each ballot must identify the member voting and the vote must be announced. Secret ballots are prohibited. The state law supersedes and nullifies any local government charter authorization or requirement for a secret ballot. Therefore, the procedure I recommend is for each City Councilor to submit to the Mayor a signed, written ballot voting for the Council President. Under this procedure, no motions are necessary and the voting occurs in writing "by ballot." The Mayor then receives the ballots, reads them into the record (both for whom the ballot was cast and by whom it was cast), and announces the result. The City Councilor receiving a majority of the ballots cast will become Council President. A final question that could arise is what should happen if there is a tie vote under ballot process. In that case, my opinion is that Section 17 of the Charter governs. Section 17 provides: Section 17. Mayor's Functions at Council Meetings. The Mayor shall be chairman of the council and preside over its deliberations. The Mayor shall vote only in case of a tie. Memorandum Opinion 2008-01 December 8, 2008 Page 2 Since a ballot is simply a method of voting, my opinion is that the Mayor should vote in this case to decide the question. In accordance with Section 18 above and state law, the Mayor's vote should also be cast by ballot consistent with the public voting process outlined above. cc: Mary Tennant, City Recorder ~% /SS,~~o~ ~3~i/ors e~Z ~~f ~~o~~~~ Ballot For Woodburn City Council President December 8, 2008 I vote for: ~ ~G~ )~ ~ ~ ~ ~ p J~ ~ M . S ~' 1--? 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