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11-08-2010 Agenda PacketCITY OF WOODBURN CITY COUNCIL AGENDA NOVEMBER 8, 201 0 - 7:00 P.M. KATHRYN FIGLEY, MAYOR DICK PUGH, COUNCILOR WARD I J. MEL SCHMIDT, COUNCILOR WARD II PETER MCCALLUM, COUNCILOR WARD III JAMES COX, COUNCILOR WARD IV FRANK LONERGAN, COUNCILOR WARD V ERIC MORRIS, COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS - 270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements None. Al212ointments A. Christina Williamson -99E Corridor Citizen Advisory Committee B. Sam Brentano - 99E Corridor Citizen Advisory Committee 4. COMMUNITY /GOVERNMENT ORGANIZATIONS A. Chamber of Commerce B. Woodburn School District 5. PROCLAMATIONS /PRESENTATIONS Proclamations None. Presentations 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. 1 1 "Hawa interpretes bisponVes Para aqudfas personas que no �Afan Ingfes, previo acuerbo. Comuniquese of (503) 980 -2485." November 8, 2010 Council Agenda Page i 8. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of October 25, 2010 2 Recommended Action Approve the minutes. B. Crime Statistics through October 2010 Recommended Action Accept the report. 5 C. Liquor License Application for Woodburn Market 9 Recommended Action The Woodburn City Council recommend that the OLCC approve an Off - Premises Sales Liquor License for Woodburn Market. 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. LA 2010 -01, Revision of the Sign Regulations 12 Recommended Action Hold a public hearing and deliberate the proposed revisions. B. Conduct Public Hearing for Consideration of Adoption of the 77 Transit Plan Update Recommended Action That Council conduct a Public Hearing and adopt the Transit Plan Update by passage of the attached resolution. 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. 2845 - A Resolution Adopting the Transit Plan 80 Update after a Public Hearing of the City Council Recommended Action Adopt the Resolution. B. Council Bill No. 2846 - A Resolution Authorizing a Budget 82 Transfer for Professional Assistance from Winterbrook Planning Recommended Action Adopt the Resolution. November 8, 2010 Council Agenda Page ii C. Professional Services Contract Award Deca Architecture Inc. for 85 Architect /Engineer and Related Services Recommended Action That the City Council, acting as the Local Contract Review Board, award an indefinite delivery/indefinite quantity professional services contract for Architect /Engineer and Related Services to the firm Deca Architecture, Inc. D. Union Pacific Petition to Close the Mill Street Crossing 87 Recommended Action That the City Council authorize the City Administrator to contest the proposed closure of the Mill Street railroad crossing. 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 15. EXECUTIVE SESSION 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 pursuant to ORS 192.660 (2) (i). 16. ADJOURNMENT November 8, 2010 Council Agenda Page iii r, CITY OF WOODBURN Economic and Development Services C�t��BCJR Planning Division N fr:rperare:� r6V MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 Phone (503) 982 -5246 Fax (503) 982 -5244 Date: November 8, 2010 To: Honorable Mayor Figley, and City Council From: James N.P. Hendryx, Director of Economic & Development Services Subject: Additional Appointments to the 99E Corridor Citizen Advisory Committee The City and the Oregon Department of Transportation (ODOT) signed an agreement to develop a Highway 99E Corridor Plan to guide future development, access, and improvements along Highway 99E. The Mayor, with Council's concurrence, appointed Bob May to the CAC. Mr. May has since resigned, and it is recommended that Christina Williamson (Purdy's Car Wash) be appointed to the CAC. Additionally, Sam Brentano, Marion County Board of Commissioners, is recommended to serve on the CAC. COUNCIL MEETING MINUTES October 25, 2010 0:00 0:01 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 25, 2010. CONVENED The meeting convened at 7:00 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Councilor Cox Councilor Lonergan Councilor McCallum Councilor Morris Councilor Pugh Councilor Schmidt PRESENTATIONS ®® a Proposed Changes of Sign Regulations — Jim Hendryx, Economic and Community Development Director, gave a presentation on the history of the sign ordinance and efforts to develop proposed revisions through the Sign Focus Committee. A public hearing on the proposed revisions to the sign ordinance is scheduled for November 8° 2010. He also gave an overview of current and A. Chamber of Commerce — Don Judson, Executive Director of the Woodburn Area Chamber of Commerce expressed his appreciation for the efforts to revise the sign code in to a more understandable and useful code. He also expressed support for the Urban Renewal Grant and Loan Program. He also reminded Council that the Crystal Apple awards are upcoming. B. Woodburn School District — David Bautista, Superintendent of the Woodburn School District discussed the partnership between the alternative high school and Chemeketa Community College. Page 1 - Council Meeting Minutes, October 25, 2010 2 COUNCIL MEETING MINUTES October 25, 2010 1:44 CONSENT AGENDA A. approve the Woodburn City Council minutes of October 11, 2010, B. approve the Woodburn City Council Executive Session minutes of October 11, 2010, C. accept the Woodburn Planning Commission minutes of September 23, 2010, D. accept the Woodburn Recreation and Parks Board minutes of October 12, 2010, E. accept the Woodburn Public Library Board minutes of October 13, 2010, F. receive the Update on the Oregon Main Street program; and G. recommend that the OLCC approve an application for Mango's Lounge. Cox/McCallum... adopt the remainder of the Consent Agenda. The motion passed 1:45 SERVICES TO NEW WORLD SYSTEMS CORPORATION AND ADOPTING FINDINGS. At the request of the City Administrator, this item was postponed to a future meeting. 1:46 AWARD OF CONSTRUCTION CONTRACT FOR WATER SUPPLY DISINFECTION EQUIPMENT INSTALLATION Cox /Pugh... City Council, acting as the Local Contract Review Board, award a construction contract for the Water Supply Disinfection Equipment Installation to Schneider Equipment Inc. in the amount of $409,500. The motion passed unanimously. 1:46 PLANNING COMMISSION APPROVAL OF TORAN MEADOWS SUBDIVISION, SUB 2010 -02 AND EXCP 2010 -05 Council declined to call this item up for review. 1:47 CITY ADMINISTRATOR'S REPORT Councilor McCallum congratulated staff on the completion of the crosswalk at Salud on Highway 214. He also commented on the Centennial park opening last week and congratulated staff on the successful completion of the project. Mayor Figley also commented on the Centennial Park opening. 1:53 ADJOURNMENT Pugh /Cox... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9:00 p.m. Page 2 - Council Meeting Minutes, October 25, 2010 9 CONTRACT FOR SOFTWARE UPGRADE AND IMPLEMENTATION COUNCIL MEETING MINUTES October 25, 2010 KATHRYN FIGLEY, MAYOR ATTEST Page 3 - Council Meeting Minutes, October 25, 2010 11/3/2010 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU OCTOBER 2010 CHARGE DESCRIPTION Total Jan Feb Mar Apr May Ju Jul ug ep Oct AGGRAVATED ASSAULT 15 1 1 2 0 1 2 0 3 3 2 ANIMAL CRUELTY 1 0 1 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 20 0 3 2 0 3 4 2 2 2 2 ARSON 12 0 2 2 1 6 1 0 0 0 0 ASSAULT SIMPLE 110 9 12 11 5 15 14 5 11 15 13 BOMB THREAT 1 0 0 0 0 0 0 0 1 0 0 BURGLARY - BUSINESS 28 3 5 8 4 1 6 0 0 0 1 BURGLARY - OTHER STRUCTURE 23 5 2 3 5 1 2 1 2 1 1 BURGLARY - RESIDENCE 61 12 7 9 3 5 5 3 6 9 2 CHILD NEGLECT 8 0 0 2 1 1 0 1 1 1 1 CITY ORDINANCE 2 0 0 0 0 0 1 0 0 0 1 COMPUTER CRIME 1 0 0 0 0 0 0 0 0 0 1 CRIME DAMAGE -NO VANDALISM OR ARSON 148 33 19 26 12 12 12 6 7 15 6 CRIMINAL MISTREATMENT 3 0 0 0 2 0 1 0 0 0 0 CURFEW 3 1 0 0 1 1 0 0 0 0 0 CUSTODY - DETOX 6 0 1 0 0 0 2 3 0 0 0 CUSTODY - MENTAL 28 7 3 4 2 1 3 4 2 1 1 DISORDERLY CONDUCT 37 5 5 2 3 7 6 3 5 1 0 DRIVING UNDER INFLUENCE 70 2 2 7 5 10 6 9 9 13 7 DRUG LAW VIOLATIONS 82 4 7 6 14 8 9 6 10 6 12 DWS /REVOKED - FELONY 1 1 0 0 0 0 0 0 0 0 0 DWS /REVOKED - MISDEMEANOR 23 2 2 4 1 5 3 2 1 1 2 ELUDE 13 0 1 2 1 3 0 0 2 3 1 EMBEZZLEMENT 3 1 0 0 0 1 0 0 1 0 0 ESCAPE FROM YOUR CUSTODY 1 0 1 0 0 0 0 0 0 0 0 EXTORTION /BLACKMAIL 1 0 0 0 0 0 0 0 1 0 0 FAIL TO DISPLAY OPERATORS LICENSE 10 0 0 0 2 1 2 4 0 1 0 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 0 0 0 0 0 FAMILY -OTHER 1 1 0 0 0 0 0 0 0 0 0 FORCIBLE RAPE 4 0 1 0 0 1 0 0 0 2 0 FORGERY /COUNTERFEITING 42 5 2 8 5 5 1 5 6 3 2 FRAUD - BY DECEPTION /FALSE PRETENSES 9 2 0 0 0 1 0 1 2 1 2 FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE 27 7 1 2 3 3 2 2 4 0 3 FRAUD - IMPERSONATION 9 0 0 1 1 3 1 0 2 1 0 FRAUD - NO ACCOUNT - CHECK 1 0 0 0 0 0 0 0 1 0 0 FRAUD - OF SERVICES /FALSE PRETENSES 3 0 1 0 0 1 0 0 0 1 0 FRAUD - WIRE 1 0 0 0 0 0 0 0 0 1 0 FRAUD -OTHER 1 0 0 0 0 0 0 0 1 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 146 16 19 13 9 15 13 14 21 14 12 FURNISHING 6 3 0 0 1 0 1 1 0 0 0 GARBAGE LITTERING 8 0 0 2 2 0 0 2 0 2 0 HIT AND RUN FELONY 4 0 0 0 2 0 0 0 1 0 1 HIT AND RUN - MISDEMEANOR 117 11 9 13 9 11 10 15 17 17 5 IDENTITY THEFT 19 1 1 3 2 3 2 1 4 2 0 INTIMIDATION /OTHER CRIMINAL THREAT 37 7 4 2 3 7 1 5 5 2 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 5 0 1 0 1 0 1 2 0 0 0 LICENSING ORDINANCES 2 0 0 1 0 1 0 0 0 0 0 MINOR IN POSSESSION 24 3 2 0 6 2 4 2 4 1 0 MINOR IN POSSESSION - TOBACCO 1 0 0 0 0 0 0 1 0 0 0 MISCELLANEOUS 73 10 6 6 7 13 7 6 3 9 6 MOTOR VEHICLE THEFT 58 11 6 5 3 6 11 1 5 7 3 OTHER 50 5 5 6 6 2 2 6 6 8 4 PROPERTY - FOUND LOST MISLAID 46 9 2 6 2 3 12 2 4 3 3 PROPERTY RECOVER FOR OTHER AGENCY 4 0 0 0 0 0 0 1 0 1 2 PROSTITUTION - ENGAGE IN 1 0 0 0 0 0 0 0 0 0 1 PUBLIC HEALTH AND SAFETY ORDINANCES 1 0 0 0 0 0 0 1 0 0 0 RECKLESS DRIVING '@ 0 0 1 3 3 ( 1 1 2 Page 1 of 2 11/3/2010 Woodburn Police Department MONTHLY CRIMINAL OFFENSES JANUARY THRU OCTOBER 2010 2009 Total 2,944 276 297 289 309 283 261 313 299 298 319 2008 Total 3,364 323 362 299 294 362 349 342 400 353 280 1n N 2000 z w LL 1500 0 1000 500 Offenses / Year Total an Feb Mar Apr May Jun Jul ug Sep Oct RESTRAINING ORDER VIOLATION 5 0 0 1 1 0 0 1 1 0 1 ROBBERY - BUSINESS 3 0 1 1 1 0 0 0 0 0 0 ROBBERY - HIGHWAY 1 0 0 0 1 0 0 0 0 0 0 ROBBERY - OTHER 5 1 0 0 0 1 0 0 1 1 1 RUNAWAY 32 1 2 5 3 2 4 2 1 3 9 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 6 0 0 1 2 0 0 1 1 1 0 SEX CRIME - EXPOSER 1 0 0 1 0 0 0 0 0 0 0 SEX CRIME - FORCIBLE SODOMY 2 0 0 0 0 1 0 1 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 17 5 6 1 1 2 0 0 2 0 0 SEX CRIME - NON FORCE SODOMY 1 0 0 0 1 0 0 0 0 0 0 SEX CRIME - NON -FORCE RAPE 3 0 0 1 0 0 0 1 0 1 0 SEX CRIME - OTHER 1 0 0 0 0 0 0 0 1 0 0 SEX CRIME - PORNOGRAPHY /OBSCENE MATERIAL 2 0 1 0 0 0 0 0 0 0 1 STALKER 3 0 0 1 0 0 1 0 0 0 1 STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING 4 0 0 0 0 1 2 0 0 0 1 SUICIDE 4 1 2 0 0 0 0 0 0 0 1 HEFT - BICYCLE 16 1 1 0 1 2 3 2 4 2 0 HEFT - BUILDING 18 2 3 6 2 1 1 3 0 0 0 HEFT - COIN OP MACHINE 6 0 0 0 0 0 2 2 2 0 0 HEFT - FROM MOTOR VEHICLE 155 44 20 28 15 12 7 4 6 10 9 HEFT - MOTOR VEHICLE PARTS /ACCESSORIES 29 13 6 1 1 0 1 1 1 2 3 HEFT - OTHER 94 9 7 12 5 10 8 17 9 13 4 HEFT - PICKPOCKET 3 1 0 0 0 0 1 0 1 0 0 HEFT - PURSE SNATCH 3 1 0 0 0 0 1 1 0 0 0 HEFT - SHOPLIFT 73 7 5 14 8 8 9 6 6 8 2 TRAFFIC ORDINANCES 1 0 0 0 0 0 0 0 0 0 1 TRAFFIC VIOLATIONS 136 11 8 15 11 18 12 18 19 15 9 TRESPASS 42 5 6 6 5 6 5 4 1 3 1 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 25 6 1 3 5 2 3 2 2 1 0 VANDALISM 249 31 18 26 23 47 33 11 15 21 24 VEHICLE RECOVERD FOR OTHER AGENCY 12 3 0 0 2 1 3 0 2 1 0 ARRANT ARREST FOR OUR AGENCY 38 0 0 0 7 6 11 3 4 3 4 WEAPON - CARRY CONCEALED 11 0 2 1 1 2 1 1 1 1 1 WEAPON - EX FELON IN POSSESSION 1 0 1 0 0 0 0 0 0 0 0 WEAPON - POSSESS ILLEGAL 3 2 0 0 0 0 0 1 0 0 0 Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct 2010 Total 2,429 321 224 283 223 285 255 200 231 234 173 2009 Total 2,944 276 297 289 309 283 261 313 299 298 319 2008 Total 3,364 323 362 299 294 362 349 342 400 353 280 1n N 2000 z w LL 1500 0 1000 500 Offenses / Year 2008 2009 2010 YEAR N Page 2 of 2 3,364 1—i 2,944 2,429 2008 2009 2010 YEAR N Page 2 of 2 11/3/2010 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU OCTOBER 2010 CHARGE DESCRIPTION Total Jan Feb Mar Apr May Jun Jul Aug Sep Oct AGGRAVATED ASSAULT 13 0 1 1 0 2 1 1 3 1 3 ANIMAL ORDINANCES 16 0 3 2 0 2 4 3 0 2 0 ARSON 1 0 1 0 0 0 0 0 0 0 0 ASSAULT SIMPLE 115 8 19 11 7 12 14 6 10 15 13 BURGLARY - BUSINESS 1 0 0 0 0 0 1 0 0 0 0 BURGLARY - OTHER STRUCTURE 4 2 0 1 0 0 0 0 1 0 0 BURGLARY - RESIDENCE 13 2 2 6 0 0 1 0 2 0 0 CHILD NEGLECT 22 12 0 3 0 3 0 0 2 1 1 CITY ORDINANCE 2 0 0 0 0 0 0 1 0 0 1 COMPUTER CRIME 1 0 0 0 0 0 0 0 0 0 1 CRIME DAMAGE -NO VANDALISM OR ARSON 10 4 3 0 0 1 1 0 0 1 0 CRIMINAL MISTREATMENT 2 0 0 0 1 0 1 0 0 0 0 CURFEW 7 2 0 0 1 4 0 0 0 0 0 CUSTODY - DETOX 6 0 1 0 0 0 2 3 0 0 0 CUSTODY - MENTAL 28 7 3 4 2 1 3 4 2 1 1 DISORDERLY CONDUCT 47 3 12 4 4 8 9 2 4 1 0 DRIVING UNDER INFLUENCE 70 2 2 7 5 10 6 9 9 13 7 DRUG LAW VIOLATIONS 111 6 7 8 12 19 10 7 8 17 17 DRUG PARAPHERNALIA 1 1 0 0 0 0 0 0 0 0 0 DWS /REVOKED - FELONY 1 1 0 0 0 0 0 0 0 0 0 DWS /REVOKED- MISDEMEANOR 22 2 2 4 1 5 3 2 1 1 1 ELUDE 10 0 1 1 1 2 0 0 1 3 1 EMBEZZLEMENT 2 0 0 0 0 0 0 0 1 0 1 ESCAPE FROM YOUR CUSTODY 1 0 1 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 10 0 0 0 2 1 2 4 0 1 0 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 0 0 0 0 0 FAMILY -OTHER 11 10 0 0 0 0 0 0 0 0 1 FORGERY /COUNTERFEITING 15 1 1 3 0 0 1 2 3 2 2 FRAUD -ACCOUNT CLOSED CHECK 1 0 0 0 0 0 0 0 1 0 0 FRAUD - BY DECEPTION /FALSE PRETENSES 1 0 0 0 0 0 0 1 0 0 0 FRAUD - CREDIT CARD /AUTOMATIC TELLER MACHINE 2 1 0 1 0 0 0 0 0 0 0 FRAUD - IMPERSONATION 3 0 1 0 0 1 0 0 0 1 0 FRAUD - OF SERVICES /FALSE PRETENSES 1 0 0 0 0 1 0 0 0 0 0 FRAUD -OTHER 1 0 0 0 0 0 0 0 1 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 156 19 18 12 9 16 13 17 20 20 12 FURNISHING 5 3 0 0 0 0 1 1 0 0 0 GARBAGE LITTERING 8 0 0 2 3 0 0 2 0 1 0 HIT AND RUN - MISDEMEANOR 11 1 0 1 2 0 0 3 2 2 0 IDENTITY THEFT 4 1 0 1 0 0 0 0 1 1 0 INTIMIDATION /OTHER CRIMINAL THREAT 26 4 6 1 2 3 2 2 2 1 3 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 4 0 0 0 1 0 1 2 0 0 0 LICENSING ORDINANCES 1 0 0 1 0 0 0 0 0 0 0 MINOR IN POSSESSION 38 5 2 0 13 2 4 5 6 1 0 MINOR IN POSSESSION - TOBACCO 1 0 0 0 0 0 0 1 0 0 0 MOTOR VEHICLE THEFT 5 0 0 0 1 1 0 0 1 2 0 OTHER 45 5 3 4 7 1 2 7 3 9 4 PROSTITUTION - ENGAGE IN 2 0 0 0 0 0 0 0 0 0 2 PUBLIC HEALTH AND SAFETY ORDINANCES 1 0 0 1 0 0 0 0 0 0 0 RECKLESS DRIVING 12 0 0 2 3 3 0 1 1 1 1 RESTRAINING ORDER VIOLATION 6 0 1 1 0 0 1 1 1 0 1 ROBBERY - BUSINESS 2 0 1 0 1 0 0 0 0 0 0 ROBBERY - HIGHWAY 1 0 0 0 1 o 0 0 0 0 0 ROBBERY -OTHER 2 1 0 0 0 0 0 0 0 1 0 Page 1 of 2 11/3/2010 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES JANUARY THRU OCTOBER 2010 2009 Total 1,740 136 199 166 170 167 192 171 176 202 161 2008 Total 1,852 197 206 162 172 185 150 192 252 208 128 Arrests / Year 2000 1600 1200 r a 800 400 0 Page 2 of 2 1,85 ,740 247 2008 2009 2010 Year L."I Total an Feb Mar pr May Jun Jul Aug Sep Oct RUNAWAY 10 0 1 1 1 0 0 1 0 2 4 EX CRIME - CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 1 0 0 0 0 0 0 EX CRIME - FORCIBLE SODOMY 1 0 0 0 0 0 0 0 0 1 0 EX CRIME - MOLEST (PHYSICAL) 7 3 2 0 1 0 0 0 0 1 0 EX CRIME - NON FORCE SODOMY 1 0 0 0 1 0 0 0 0 0 0 EX CRIME - NON -FORCE RAPE 1 0 0 0 0 0 0 1 0 0 0 EX CRIME - PORNOGRAPHY /OBSCENE MATERIAL 1 0 1 0 0 0 0 0 0 0 0 EX CRIME - SEXUAL ASSAULT WITH AN O 1 0 0 0 0 0 0 0 0 1 0 TALKER 2 0 0 0 0 0 1 0 0 0 1 STOLEN PROPERTY - RECEIVING,BUYING,POSSESSING 6 0 1 0 0 1 2 0 1 0 1 SUICIDE 1 0 0 0 0 0 0 0 0 0 1 HEFT - BICYCLE 1 0 0 0 0 0 1 0 0 0 0 HEFT - BUILDING 8 2 2 4 0 0 0 0 0 0 0 HEFT -FROM MOTOR VEHICLE 7 3 0 0 2 0 2 0 0 0 0 HEFT - MOTOR VEHICLE PARTS /ACCESSORIES 1 0 0 0 0 0 0 0 1 0 0 HEFT - OTHER 12 2 3 3 1 1 0 1 0 1 0 HEFT - PURSE SNATCH 1 1 0 0 0 0 0 0 0 0 0 HEFT - SHOPLIFT 55 10 4 8 5 6 11 3 4 3 1 TRAFFIC VIOLATIONS 131 10 8 17 11 18 13 14 17 14 9 TRESPASS 33 3 5 4 5 5 5 3 0 2 1 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 6 3 0 0 0 0 2 1 0 0 0 VANDALISM 23 1 5 0 4 0 2 0 0 6 5 ARRANT ARREST FOR OUR AGENCY 40 0 0 1 6 6 12 3 5 2 5 EAPON - CARRY CONCEALED 12 0 2 2 1 2 1 1 1 1 1 EAPON - EX FELON IN POSSESSION 1 0 1 0 0 0 0 0 0 0 0 EAPON - POSSESS ILLEGAL 2 1 OF-0 1 0 0 0 0 0 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct 2010 Total 1,247 142 126 122 119 138 135 115 115 133 102 2009 Total 1,740 136 199 166 170 167 192 171 176 202 161 2008 Total 1,852 197 206 162 172 185 150 192 252 208 128 Arrests / Year 2000 1600 1200 r a 800 400 0 Page 2 of 2 1,85 ,740 247 2008 2009 2010 Year L."I W UU UB �UJI N AY4^4� Wff'% November 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Scott Russell, Chief of Police SUBJECT: Liquor License Application - Off Premises Sales RECOMMENDATION The Woodburn City Council recommends that the OLCC approve an Off - Premises Sales Liquor License Application. BACKGROUND Applicant: Guru Nanak LLC 398 North Pacific Hwy. Woodburn, Oregon 97071 503 - 982 -4552 (Wk) Business: Woodburn Market 398 North Pacific Hwy. Woodburn, Oregon 97071 503 - 982 -4552 (Wk) Owner(s): Jatinder Pal Singh 829 Century Dr. NE Albany, Oregon 97322 503 - 508 -5492 (H m ) Gurpreet Singh 829 Century Dr. NE Albany, Oregon 97322 317- 966 -4566 (H m) License Type: Off - Premises Sales Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance _x_ 9 Honorable Mayor and City Council November 8, 2010 Page 2 DISCUSSION On October 21, 2010 the Woodburn Police Department received an application requesting approval for the Off - Premises Sales of alcohol for the Woodburn Market located at 398 North Pacific Hwy, Woodburn, Oregon. This business was formerly known as the U.S. Market. The above mentioned applicants are applying for this license through the Oregon Liquor Control Commission. The business will be open daily, Sunday through Thursday, from 6:00 a.m. to 12:00 a.m. and Friday and Saturday, from 6:00 a.m. to 1:00 a.m. This business is a grocery store that will service grocery items to include alcoholic and non - alcoholic beverages for off - premises consumption. These alcoholic beverages are beer, wine and hard cider. No live /D.J. music or other entertainment will occur on the premises. The Woodburn Police Department has received no communication from the public or surrounding businesses in support of, or against this location. FINANCIAL IMPACT: There is no financial impact. 10 ?� d Joe =; OREGON LIQUOR CONTROL COMMISSION '° 3 LIQUOR LICENSE APPLICATION LICENSE TYPES ❑ Full On- Premises Sales ($402.60/yr) ❑ Commercial Establishment ❑ Caterer ❑ Passenger Carrier ❑ Other Public Location ❑ Private Club ❑ Limited On- Premises Sales ($202.60 /yr) Off- Premises Sales ($100 /yr) ❑ with Fuel Pumps ❑ Brewery Public House ($252.60) ❑ Winery ($250 /yr) ❑ Other: ACTIONS ❑ Change Ownership New Outlet ❑ Greater Privilege ❑ Additional Privilege ❑ Other 12^ 90 -DAY AUTHORITY ❑ Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off - Premises Sales license and are requesting a 90 -Day Temporary Authority APPLYING AS: ❑Limited ❑ Corporation +Limited Liability ❑ Individuals Partnership Company CITY AND COUNTY USE ONLY Date application received: The City Council or County Commission: (name of city or county) recommends that this license be: ❑ Granted ❑ Denied By: (signature) Name: (date) Title: OLCC USE ONLY Application Rec'd by: Date: O (� 90 -day authority: Xf Yes ❑ No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] O �2 2. Trade Name (dba): r v r/V—r 160.— 3. Business Location: 39 o Ai o r � � P4 G► �� L � `^� `1 Wa'X�t , rr� / �v�✓ . C9 Q- "c 4 1 a 1 ( (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: 3'i% Na X 4. Q4c; ��L w t ( WdWtbK� , O C I - 10-1( (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: z, 6 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? ❑Yes 7. If yes to whom: Type of License: 8. Former Business Na 9. Will you have a manager? ❑Yes r Name: (manager must fill out an Individual History ( form) 10. What is the local governing body where your business is located? Z t7e�`sr�` ( ,, )1_)3% 61 - L) (nameW city or county) 11. Contact person for this application: G�rQI`�c.IC sink 11 1 0/ 4,6 -- C - 46 (name) (phone number(s)) A 7 Gc/n4urrl 0f tie 4PV 816 ot. S­7 3ZZ (address) (fax number) � IO NVAISK)N I understand that if my answers are not true and complete, the OLCC may deny Applicant(s) Signature(s) and Date: tT tlI i/i Date ( 17 OCT 16aaP10 Date T S ALEM RE R; t 1- 800 - 452 -OLCC (6522) www.oregon.gov /olcc true nAl9nm W UU UB �UJI N November 8, 2010 TO: Honorable Mayor and City Council through the City Administrator FROM: Jim Hendryx, Director of Economic & Development Services SUBJECT: LA 2010 -01, Revision of the Sign Regulations RECOMMENDATION Hold a public hearing and deliberate the proposed revisions. BACKGROUND In 2009, the Mayor and City Council appointed a focus group of citizens to review the sign regulations in Section 3.110 of the Woodburn Development Ordinance, and recommend improvements for consideration by the Planning Commission and City Council. After much deliberation, the Sign Focus Group presented its recommendations to the Planning Commission in a series of workshops. After conducting a public hearing, the Commission unanimously approved the text with minor revisions and forwarded the matter to the City Council. DISCUSSION: an10 FINANCIAL IMPACT This decision is anticipated to have no public sector financial impact. ATTACHMENT The attached staff report contains the text of the proposed revisions. Agenda Item Review: City Administrator _x_ City Attorney _x Finance 12 W OODBURN 1nr ^rgerarrl f8 8y Department of Economic and Development Services Planning Division 270 Montgomery Street, Woodburn, Oregon 97071 • (503) 982 -5246 CITY COUNCIL STAFF REPORT PUBLIC HEARING Application Type Type V Legislative Amendment Application Number LA 2010 -01 Project Description Revise the City's sign regulations Project Location Entire City Zoning All zones 120 -Day Deadline Not applicable to legislative decisions Date of Staff Report November 1, 2010 Date of Public Hearing November 8, 2010 BACKGROUND The Mayor and City Council appointed a focus group of citizens to review the sign regulations in Section 3.110 of the Woodburn Development Ordinance, and recommended improvements for consideration by the Planning Commission and City Council. After much deliberation, the Sign Focus Group presented its recommendations to the Planning Commission in a series of workshops. After conducting a public hearing, the Commission unanimously approved the text with minor revisions and forwarded the matter to the City Council. Highlights of proposed revisions: Simplifies standards — Standardizes height of freestanding signs — Allows combined signage on larger sites — Simplifies text language — Replaces text with understandable tables — Eliminates the distinction between frontages for wall signs — Allows larger wall signs on buildings further from rights -of -way Simplifies processes — Eliminates Type II administrative review H: \JaniceCl \O1 - Attorney \Council \2010 \November \November 8 \Staff Report CC -Sign Revision.doc Page 1 of 3 13 Electronic changeable -copy signs — Establishes standards for brightness and hold time — Allows electronic changeable -copy signs in residential zones for non - residential uses Non - conforming signs — Allows minor sign modification without total conformance Other revisions — Housekeeping changes — Reduces the number of exempt signs — Eliminates content -based text language — Establishes standards for flags — Allows A -frame signs on sidewalks in the downtown DDC zone, subject to standards — Establishes size limitations for fuel price signage The proposed revisions contain both "housekeeping" amendments that reorder provisions, provide clarity or correct clerical errors, and "substantive" amendments that change the allowable size, height, or other characteristics of signs. ANALYSIS AND FINDINGS OF FACT Woodburn Comprehensive Plan Findings The Comprehensive Plan is a policy document that establishes the overall land use policy of the City. The policies and goals of the Comprehensive Plan are made specific and are implemented through subsidiary plans and ordinances, such as the Woodburn Development Ordinance. The specific provisions of the Development Ordinance must flow from and be consistent with the Comprehensive Plan — which itself must be consistent with statewide planning goals. The Woodburn Comprehensive Plan was originally adopted in 1978 and has been amended 8 times since then — most recently in 2005 — and has been acknowledged by the State of Oregon to be consistent with statewide planning goals. The Comprehensive Plan states on page 9: "The City has had a sign ordinance since 1973. It has been successful in controlling proliferation of signs, mostly along main arterials. The sign ordinance was revised in 2004. The Sign Ordinance implements goals relating to public health, safety and welfare, basically for transportation safety and aesthetic goals. This type of ordinance should be continued." Conclusion The proposed revision is consistent with the Comprehensive Plan. The proposed expansion implements the policies articulated for the sign ordinance. Woodburn Development Ordinance Findings Legislative amendments are Type V legislative decisions. The Development Ordinance addresses Type V decisions in Section 4.101.06.E, Decision Making Procedures. The Planning Commission holds an initial public hearing on the proposal and makes a recommendation to the City Council. The City Council then holds a de novo public hearing and makes the City's final H: \JaniceCl \O1 - Attorney \Council \2010 \November \November 8 \Staff Report CC -Sign Revision.doc Page 2 of 3 14 decision. In the present case, the Planning Commission held its public hearing on September 23, 2010 and continued deliberations at its meeting of October 14, 2010. Conclusions The proposed amendment to the sign regulations is a Type V legislative decision. The decision -maker is the City Council. Findings The Oregon Department of Land Conservation and Development was sent a Notice of Proposed Amendment, as required by statute. A Notice of Public Hearing was sent to every owner of property within the City limits (over 5,800 owners), pursuant to State Ballot Measure 56. Notice was published in the Woodburn Independent. A Notice of Public Hearing was sent to every holder of a current City business license (over 1,000 licensees.) Staff fielded over 200 phone calls and visits from citizens requesting clarification or information. Conclusion The public hearing has been publicized in accordance with State statute and the provisions of the Woodburn Development Ordinance. CONCLUSION The proposed amendment is consistent with the Woodburn Comprehensive Plan and the Woodburn Development Ordinance. LIST OF ATTACHMENTS Attachment A presents the substantive changes in a "markup" format that shows deletions and additions. Attachment B is a "clean" version that is easier to read, but does not indicate which provisions have been changed. Marking up the numerous housekeeping amendments as well as the substantive amendments results in a document that is difficult to read. In order to simplify the presentation and concentrate on the substantive changes, the housekeeping amendments are not marked up. This follows the practice and recommendation of the Sign Focus Group. A. WDO 3.110 Proposed Sign Changes (edited version) B. WDO 3.110 Proposed Sign Changes (unedited version) C. Planning Commission Minutes: • June 24, 2010 workshop • May 13, 2010 workshop • May 27, 2010 workshop • September 23, 2010 public hearing • October 14, 2010 public hearing H: \JaniceCl \O1 - Attorney \Council \2010 \November \November 8 \Staff Report CC -Sign Revision.doc Page 3 of 3 15 Strike — Deleted text Bold /Underline — Proposed new text 3.110 Signs Attachment "A" [Section 3.110 (Signs) added by Ordinance No. 2359, §1, passed March 22, 2004.] 3.110.01 Purpose 3.110.02 Applicability 3.110.03 Computation of Sign Area 3.110.04 Definitions 3.110.05 Sign Permit Required 3.110.06 General Requirements 3.110.07 Signs Exempt From Permit Requirements 3.110.08 Prohibited Signs 3.110.09 Temporary Signs 3.110.10 Permanent Sign Allowances 3.110.11 Nonconforming Signs 3.110.12 Electronic Changing Image Signs 3.110.01 Purpose A. These regulations balanee the need to pr-ateet the publie safky and welfare, the need eaffiffieniea and .,d . To the maximum extent permitted by the U.S. and Oregon Constitutions, the purpose of these regulations is to preserve and improve the appearance of the City and to eliminate hazards to pedestrians and motorists brought about by distracting sign displays. The regulations for signs have the following specific obj ectives: 1. To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; 2. To allow and promote positive conditions for sign communication while at the same time avoiding nuisances to nearby properties; 3. To reflect and support the desired character and development patterns of the various zones, and overlay zones and plan d st s and promote an attractive environment; 4. To allow for adequate and effective signs in commercial and industrial zones while preventing signs from dominating the appearance of the area; 5. To improve pedestrian and traffic safety; and 6. To ensure that the constitutionally guaranteed right of free speech is protected. B. The regulations allow for a variety of sign types and sizes for a site. The provisions do not ensure or provide for every property or business owner's desired level of visibility for the signs. The sign standards are intended to allow signs to have adequate visibility from streets and rights -of -way that abut a site, but not necessarily to streets and rights -of -way farther away. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 1 of 21 16 Strike — Deleted text Bold /Underline — Proposed new text 3.110.02 Applicability Attachment "A" These regulations apply to signs located within the City. The application of these regulations in no way limits the power of the City to enact other ordinances related to signs. O N M Z at, I' 3.110.03 Computation of Sign Area A. The area of freestanding signs and wall signs with one or more cabinets is the area of the display surface. B. The area of wall signs composed of individual elements, including but not limited to channel letters or painted letters or images, is the area of three rectangles around and enclosing the entire message or image. C. Sign area is ealettla+ed by dr-awing tie mer-e than three r-eetangles ar-etind and enelesin sign display stir-faee message, and th . — the area E)f the r-eetangles. .:, E. Sign area shall include only one side of a two -sided sign, regardless of the presence of sign copy on both sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a horizontal proiection for the purpose of determining sign area. F. Sign area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there are no words, symbols or logos on such embellishments. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 2 of 21 17 3.110.03 Computation of Sign Area A. The area of freestanding signs and wall signs with one or more cabinets is the area of the display surface. B. The area of wall signs composed of individual elements, including but not limited to channel letters or painted letters or images, is the area of three rectangles around and enclosing the entire message or image. C. Sign area is ealettla+ed by dr-awing tie mer-e than three r-eetangles ar-etind and enelesin sign display stir-faee message, and th . — the area E)f the r-eetangles. .:, E. Sign area shall include only one side of a two -sided sign, regardless of the presence of sign copy on both sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a horizontal proiection for the purpose of determining sign area. F. Sign area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there are no words, symbols or logos on such embellishments. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 2 of 21 17 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Figure 3.110.03A: Three rectangles enclose the message or image Figure 3.110.03B: Three rectangles enclose the message or image 3.110.04 Definitions Words used in the WDO have their normal dictionary meaning unless they are specifically de fined by the WDO. Awning: A shelter projecting from, and supported by, the exterior wall of a building on a supporting framework. The awning may be constructed of rigid or non -rigid materials. Bench: A seat located upon or adjacent to public property for the use of a combination of passersby or persons awaiting transportation. Building Code: The most current edition of the Oregon State Structural Specialty Code rwww�w Canopy: A permanent unenclosed roof structure for the purpose of providing shelter to patrons in automobiles. Complex: Any group of two or more buildings, or individual businesses within a single building, provided at least two of the businesses have separate exterior entrances, on a site that is planned and developed to function as a unit and which has common on -site parking, circulation and access. A complex may consist of multiple lots or parcels that may or may H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 3 of 21 18 Strike — Deleted text Bold /Underline — Proposed new text not be under common ownership. Attachment "A" Display Surface: The area made available by the sign for the purpose of displaying a message or image The display surface includes the area of the message or image and the background. Facade. The exterior face or wall of a building. Fluorescent (color): Strikingly bright, vivid, or glowing. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or right -of -way in excess of a measurement of 0.5 foot candles of light measured at the property line. Height: Height is measured from the lowest point of the grade below the sign (excluding artificial berm) to the topmost point of the sign. Marquee: A permanent roofed structure attached to and supported by a building, and projecting out from a building wall, or over public access, but not including a canopy or awning. Premises: The land and buildings contained within the boundaries of a single- tenant site or complex. Sign: Materials placed or constructed, or light projected, that (1) conveys a message or image of and 2 is used to inform or attract the attention of the public. Some examples of signs are materials or lights meeting 4+e this definition of the p - °, iag seate ee and .,,hie are commonly referred to as signs, placards, A -bes frame signs posters, billboards, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. Specific definitions for signs regulated in Section 3.110 include the following: A -Frame Sign: A double -faced temporary sign constructed with an A- shaped frame, composed of two sign boards attached at the top and separate at the bottom, not permanently attached to the ground, but secured to the ground or sufficiently weighted to prevent the sign from being blown from its location or easily moved. Awning Sign: A sign attached to or incorporated into an awning. Balloon: An inflatable device less than 36 inches in diamete greatest dimension and anchored by some means to a structure or the ground. Banner Sign: A sign made of fabric or other non -rigid material with no enclosing framework. Bench Sign: A sign on an outdoor bench. Blimp: An inflatable device 36 inches or greater in diamete greatest dimension and anchored by some means to a structure or the ground. Changing Image Sign: Any si gn, displa � devie o „ t h e - f whieh is desi a any pai4 of the sign E)r- that displays any ai4ifieial light whieh is not maintai H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 4 of 21 19 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" streamers r-atating and r-evelving signs, r-eader-baar-d signs, flashing signs, and wind dr-i'ven signs ineltiding flags, pennants, and A sign designed to accommodate routine changes of copy, images, or patterns of lights. Such signs include, but are not limited to, electronic signs incorporating LED, LCD, plasma, or proiected light displays, and mechanical or manual changeable COPY signs. Drive - Through Sign. A sign located adiacent to the driveway leading to a drive - through window and not legible from the Public right -of -way. Such signs typically disPlaY menus or other information to drive - through customers. Externally Illuminated Sign: A sign where the light source is separate from the sign and is directed so as to shine on the exterior of the sign. Flag: A sign made of fabric or other similar non -rigid material supported or anchored along only one edge or supported or anchored at only two corners. Flashing Sign: A sign incorporating intermittent electrical impulses to a source of illumination or revolving in a manner which creates the illusion of flashing, or which changes colors or intensity of illumination at intervals of r ^r° than onee i n a-,7 tin more frequently than specified in Section 3.110.12.A. Freestanding Sign: A sign wholly supported by a sign structure in the ground � . Freestanding signs include, but are not limited to, monument signs, pole si g ns, A -frame si and lawn si Illuminated Sign: A sign that incorporates light- emitting elements on or within the sign, or that is lit by external light sources directed at the sign. Internally Illuminated Sign: A sign where the light source is contained within the sign and is directed so as to shine on the interior of the sign. Lawn Sign: A temporary freestanding sign, made of weather - resistant lightweight materials that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Monument Sign: A defile freestanding sign that is placed on a solid base that extends a minimum of one foot above the ground and extends at least 75 percent of the length and width of the sign. The aboveground portion of the base is considered part of the total allowable height of a monument sign. A monument sign less than 8 feet high need not have a solid base. Moving Sign: A sign, EXCEPT a flag, balloon, or pennant, in which the display surface changes orientation or position. Moving signs include, but are not limited to, rotating signs, pinwheels, wind socks, and blimps. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 5 of 21 20 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Nonconforming Sign: A sign lawfully established prior to the adoption of current standards or a sign lawfully established on property annexed to the City, which does not conform to the current sign standards. Pennant: A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Permanent Sign: Any sign other than a temporary sign. Pole Sign: A freestanding sign which exceeds eight feet in height. Portable Sign: A sign that is not affixed to a structure or the ground in a permanent manner and that may be moved easily from place to place. Projecting Sign: A sign, other than a wall sign, that proj ects from, and is supported by, a roof or wall of a building or structure and is generally at right angles to the building. Roof sign: Any sign erected upon or extending above or over the eave or roof of any building or structure. A sign erected upon a roof which does not vary more than 20 degrees from vertical shall be regulated as a wall sign. Figure 3.110.03C: Illustration of roof and wall signs Subdivision Sign: A sign located on land in a recorded subdivision containing 4-9 four lots or more. Suspended Sign: A sign suspended from the underside of a canopy, awning, arcade, marquee, or other roofed open structure and oriented to pedestrian traffic. Temporary Sign: A sign that is not permanently affixed or attached to a building, H:AJaniceCl \01 - Attorney \Council\2010 \November\November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 6 of 21 21 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" structure, or the ground. Temporary signs include, but are not limited to A- frames, banners, flags, pennants, balloons, blimps, streamers, lawn signs, and portable signs. Unsafe sign: A sign constituting a hazard to safety or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, disaster, damage, abandonment or inability to meet lateral and /or vertical loads as determined by the City of Woodburn Building Official. Wall Sign: Any sign attached to or erected against the wall of a building or structure, or attached to or erected against a roof which does not vary more than 20 degrees from vertical, with the exposed face of the sign in a plane parallel to the plane of the wall or roof, and which does not project more than 18 inches from the wall or roof. Window Sign: A sign that is placed inside a building (such as placement on a windowsill), within six inches of a window or attached to the inside of a window. Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning, oiling, and changing light bulbs. Does not include an alteration to the sign. Sign Repair: Fixing or replacement of broken or worn parts. Replacement includes comparable materials only. Repairs may be made with the sign in position or with the sign removed. Sign Structure: The structure, supports, uprights, braces, framework and display surfaces of a sign. Single- tenant Site: A development that is not a complex. Structural Alteration: Modification of a sign or sign structure that affects size, shape, height, or sign location; changes in structural materials; or replacement of electrical components with other than comparable materials. The replacement of wood parts with metal parts, the replacement of incandescent bulbs with light emitting diodes (LED), or the addition of electronic elements to a non - electrified sign are examples of structural alterations. Structural alteration does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. 3.110.05 Sign Permit Required A. A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign is exempt under Section 3.110.07. To initiate consideration of a sign permit, a complete City application, accompanying information, and a filing fee must be submitted to the Director. The Director shall issue a sign permit if the applicant files an appliea+ien, filing fee, and plans whiek demonstrates compliance with all provisions of Section 3.110 and other ., p li e bl eity regulations B. Sign maintenance, sign repair and changing of a sign display surface is allowed without obtaining a sign permit so long as structural alterations are not made and the sign display surface is not altered in shape or size. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 7 of 21 22 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" C. Sign per-mit appr-Ewal shall e�Epir-e 190 days fFE)fn the date of appr-Ewal if a building pefmi i buildi permit is not r-equ r-e . If a building permit is required to erect the si gn, the si permit approval shall expire at the same time the building permit expires. If a building permit is not required to erect the sign, the sign permit approval shall expire 180 days from the date of approval unless substantial construction of the sign has occurred. D. E. , neon tubing an the e�Eter-iar- of a building) are pr-aeessed using the pr-aeedtir-es and applieatiefl. 3.110.06 General Requirements WIN ._ B. Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line. C. Sign Maintenance: Signs and sign structures together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The Director may order the removal of any sign or sign structure that is not maintained iff aeear- w S eel o 3 110 the Building in G ao Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. D. Signs shall be constructed of weather - resistant material. Paper products such as construction paper, poster board, and cardboard are not considered weather - resistant materials and are not allowed. E. Each sign should be designed to be consistent with the architectural style of the main building or buildings on the site. Signs should be designed to incorporate at least one of the predominately visual elements of the building, such as type of construction materials or color. The use of fluorescent colors or highly reflective materials should be discouraged. F. Supporting elements of pole signs shall be covered consistent with subsection (E) above. The total width of pole covers shetild shall be at least 30 percent of the sign display width. G. Freestanding signs shall appear to be a single unit and shall not have separate or detached cabinets or readefbear-d display surfaces that are not architecturally integrated into the primary sign display are display surface 3.110.07 &Eemptia s Signs Exempt From Permit Requirements H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 8 of 21 23 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" The following are exempt from application, and permit and fee requirements of this Section 3. 118, but are subject to other applicable portions of this Section 3 119 and the City Code and may require building and electrical permits: A. Window signs provided such signs shall not obscure more than 50 percent of the total window area of a building face. li S ON. C. Flats, provided that: 1. not more than two flags shall be exempt on anv lot or parcel in a commercial or industrial zone 2. not more than three flags shall be exempt on any lot or parcel in a residential or P /SP zone 3. the area of any exempt flag shall not exceed 40 square feet 4. no portion of an exempt flag may be more than 40 feet above ground level It IN 1111�iplwl 10111 E. Wa4 signs on residential dwellings, provided that not more than two such signs are permitted on a dwelling unit and the total area of all such signs shall not exceed three square feet. Mi r .�ee�rr_es�ssszsr -asp: - M RM M 1 1 1 1 . M . I Ma ..�retne:� .�ee:rsesess�:�sze�: Signs that are inside a building, except window signs, or signs that do not have a primary H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 9 of 21 24 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" purpose of being legible from a public street or another property. Such signs include, but are not limited to, scoreboard signs, signs on the inside of ball field fences, signs within a stadium, and signs located within the site of a special event such as a festival or carnival. K. Signs required by federal, state, or city law on private propert y except signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display) if the sign is no more than 3-2 six square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and building ins. � *��� �� *��e directional signs L. Signs owned and maintained by federal or state agencies or the City of Woodburn. M. Signs lawfully erected in the public right -of -way in accordance with applicable state and local laws and regulations, including public utility signs, traffic signs and traffic control devices. N. Decorations and lights relating directly to federal, state, or City recognized events, seasons or holidays, provided that such decorations and lights shall be placed not more than 45 days before the holiday or event to which they pertain and shall be removed within 15 days of the passing of the holiday or event to which they pertain. O. Signs on phone booths and product dispensers, such as beverage, recycling, newspaper, gasoline, and propane machines provided the total area of signage on an individual unit does not exceed three square feet. I' mw ow Q. Bench signs, provided the total area of such signs on a bench does not exceed one square foot. 3.110.08 Prohibited signs The following signs and advertising devices are prohibited: A. A sign located on the roof of any building or structure. B. A sign located in the special setback area established by Section 3.103.05. C. A sign in public rights -of -way except awning, projecting, wall, and suspended signs projecting over a public right -of -way in conformity with Section 3.110 unless specifically allowed under 3.110.01 or exempt under Section 3.110.05. D. Internally illuminated awning sign. E. A permanent sign located on an undeveloped lot or parcel, except subdivision signs. F. A beacon light, searchlight, strobe light or a sign containing such lights. G. Neon tubing on the exterior of a building tialess appr-aved as pai4 of ^ Type 11 si applie.ation. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 10 of 21 25 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" H. A sign that imitates or resembles official traffic lights, signs or signals, or a sign that interferes with the effectiveness of any official traffic light, sign or signal. An illuminated sign that produces glare. r' ^r° may of dir -eetl ndir -eetl y ^ of 0 f ,,,ales of li f °,a a t th r pei , li A sign required to have been issued a sign permit, but for which no sign permit has been issued. K. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, light - emitting diodes, or plasma displays, and not otherwise allowed under Section 3.110.10 or exempt under Section 3.110.07. L ^ sign that is tinsafe ^ r ^* * *°^ ^ ublie nuisan °. An unsafe sign or a sign that constitutes a public nuisance. M. A sign that incorporates flames or emits sounds or odors. N. A sign supported in whole or in part by cables or guy wires, or that has cables or guy wires extending to or from it. O. Blimps. P. Signs attached to utility poles or boxes, except those attached by the utility. Q. Flashing signs. R. Moving signs. S. Changing image temporary signs. T. Flags with an aspect ratio (hoist to fly, or height to width) greater than 1:1. 0.6:1 (allowed) Figure 3.110.08A: Aspect ratio of flags 3.110.09 Temporary Signs 3.6 :1 (prohibited) H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 11 of 21 26 1:1 (allowed) Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" A. Certain temporary signs that are not otherwise exempt under Section 3.110.07 may be approved for a limited period of time as a means of drawing attention to special events such as grand openings, carnivals, charitable events, seasonable openings, special promotions, etc. Approval of a Temporary Sign Permit application shall be required prior to placement of such signs. B. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: The following types of temporary signs are permitted with a Temporary Sign Permit: A- frames, banners, flags, pennants, balloons, strings of lights, streamers, and lawn signs. Temporary sign types not specified above including other types of portable signs and blimps are not permitted with a Temporary Sign Permit. 2. A Temper-ar-y Sign Permit shall net be gr-anted fer- single and �we family r-esidentift! tis E)r- for- an individual tenant in a multiple family r-esideatial eaffiple�E. 3. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. in a eafnple�E, a tenant shall lifnrte 4. No temporary sign shall obstruct on -site pedestrian or vehicular access or circulation. Temporary Sign Permits shall be limited to a specified number of 15 -day periods per calendar year. Said periods may run consecutively; however, unused days from one period shall not be added to another period. The number of Temporary Sign Permits and maximum sign area shall be as follows: Table 3.110.09A Temporary Signs in the RM and P /SP zones Type Maximum Number Maximum total sign area (square feet) 15 -day periods Any use Lawn or A- frame 2 8 Unlimited Lawn signs shall be a maximum of 7 feet in height. A - frame signs shall be a maximum of 3 feet in hei H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 12 of 21 27 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Table 3.110.0913 Temporary Signs in the RS and R1S zones Maximum total Maximum 15 -day Type Time sign area (square Number periods feet) During the period from 45 24 days before a public election — or the time the election is Lawn 6 no individual sign Not Any or A- called, whichever is earlier, – may exceed six applicable use frame until seven days after the square feet in area public election All other times of the year 2 8 Unlimited Lawn signs and A -frame signs in the RS or R1S zone may be located in the public right -of- way provided that: a. The signs shall be established by the property owner or property owner's agent, b. No sign may be established in the right -of -way of a Maior Arterial street, c. Signs shall not be placed in vision clearance areas (Section 3.103.10) or in adiacent rights -of -way, d. Signs shall not be on or overhanging a travel or on- street parking lane, e. Signs shall not be on or overhanging a sidewalk, and f. No portion of a sign shall be less than 3 feet from the back of a curb. Lawn signs shall be a maximum of 7 feet in height. A -frame signs shall be a maximum of 3 feet in height. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 13 of 21 28 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Table 3.110.09C Temporary Signs in Commercial and Industrial Zones Type Maximum Number Maximum total sign 15 -day area (square feet) periods All except Single- tenant A -frame None 200 4 . 1 in the DDC zone nonresidential site A -frame 8 Unlimited * 2 in all other zones All except Individual tenant in A -frame None 100 4 a nonresidential complex p A -frame • 1 in the DDC zone 8 Unlimited * 2 in all other zones Nonresidential All except None 200 4 complex with less A -frame than 20 tenant spaces A -frame Not allowed Nonresidential All except None 400 6 complex with 20 or A -frame A -frame Not allowed more tenant spaces Lawn signs shall be a maximum of 7 feet in height. A -frame signs shall be a maximum of 3 feet in height. Temporary signs for an individual tenant in a complex, except A -frame signs shall be limited to banners and flags on the exterior walls and windows of the individual tenant space. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 14 of 21 29 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Table 3.110.09C Temporary Signs in Commercial and Industrial Zones A -frame signs in the DDC zone shall conform to the following standards. a. The sign may be located on private property or in the public right -of -way. b. The sign shall not exceed 3 feet in width, 3 feet in height, and 9 square feet in area. c. The sign shall be at least one foot from the curb so as not to interfere with on- street parking, d. A minimum access width of 4 feet shall be maintained along all sidewalks and building entrances accessible to the public. Signs should be placed either next to the building or at the curbside by a street tree, bench, or other public amenity so as not to block on- street parking. e. The sign permit shall be revocable in case of noncompliance. L The sign shall not be placed in a vision clearance area (Section 3.103.10) or in adiacent rights -of -way. 2. The sign shall be utilized only during business hours and shall be removed during non - business hours. h. The sign shall not be illuminated. i. The sign owner shall assume all liability for incidents involving the sign by signing a document exempting the City from liability. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 15 of 21 30 Strike — Deleted text Bold /Underline — Proposed new text 3.110.10 Tables of Permanent Si Allowances Attachment "A" Permanent signs shall not exceed the number, size, or height specified in the following tables, and shall comply with the other regulations noted in the following tables. Table 3.110.10A Permanent Signs in RS, R1S, RM, and P /SP zones Monument Wall Changing Image Non - residential use, • Max. 1 Max. 1 sign 4-2-465% of less than 3 acres • Max. -5- high — • Max. 20 sf sign area • Max. 20 sf • Max. 1 per street • Max. 1 per wall facing a frontage Non - residential use, 3 • Max. 2 signs public street o �f 65 /o of acres or more • Max. 45- high • Max. 2 signs sign area . Max. 32 sf • Max. 32 sf • Max.l Max. 1 dwell ing-- sfamily g . Max. -5- high — e Max. 20 sf Not allowed • Max. 20 sf Subdivision with . Max. 1 on each side of - Max. 1 on each side of more than 4-9 4 lots or entrance from public entrance from public mobile home street street •Max. 20 sf Not allowed park with more than . Max. 5- high •Allowed on freestanding 4-0 4 spaces - •Max. 20 sf walls only Pole, awning, marquee, canopy, projecting, and suspended signs are not allowed. Meehaaieal ehangeabl °°r. Changing image is allowed as part of a monument sign only. Externally illuminated signs are allowed. Internally illuminated signs are not allowed, except for changing ima si A sign on a freestanding wall shall not project above the wall. Non - residential complexes with two or more buildings and multiple - family residential complexes with four or more buildings are allowed one additional sign per street access. Such signs shall be located a minimum of 50 feet from the public right -of -way. Each sign shall be limited to a maximum area of 24 square feet. Freestanding signs shall be limited to a maximum height of eight feet. Such signs typically display a directory or map of the complex. A subdivision or mobile home park may have a maximum of 2 signs per public street entrance. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 16 of 21 31 S t"' a '�r — Deleted text Bold /Underline — Proposed new text Attachment "A" Table 3.110.1OB Permanent Signs in the CG zone Freestanding Wall Awning/ Canopy Projecting Suspended Pole Drive- Marquee lieu tenant site Comple Fre ewaX Overlay Elsewhere Frontage Monument through See Man) • Max 1 per Less than 100' Not allowed Not allowed Not allowed Not allowed street frontage on the same street Max. 45' high • Max. 20' • Max 4 • Max. 200 sf or kigh signs per 4.5 sf per foot • Max. 32 sP single - 100 -299' A 5" sf of actual OIL* tenant site h eight tenant] or complex whichever is Max. 50 sf less (c • Max 1 6 2 8 high buildifig • Max 32 sf ei min. 20 sf, • Max 1 at • Max. • Max. 90' • Max 1 per may 6% of • Not allowed each • Max. 200 sf or kigh 300' of facade or 200 on a site or entrance 'A 4.5 sf per foot • Max. 50s frontage on sf complexwith to a 300599' 'A ;54 of actual of (single the same a pole or P building height, tenant] street lm " •Deemed wall monument or tenant whichever is • Max. 75 sf • Max 2 signs • M 2 ffofftag� signs • Max 2 sides sign space less (complex) per street frontage • Max. 8' high miff. 16 si, i»�% o f • Shall not extend above of canopy o • Max 15% of • Max. l per single-tenant g • Shall not ro project I • Max. •Max 4 per •Max. 8' � 4 t or below the canopy face o site or past the • Max. 300 sf or single- wide awning or sf complex outer edge ��11LL��,,�� 6.7 sf per foot tenant site • Allowance marquee • Min. 8' above of the roof 600 - 999' n��.e ink "c of actual or increases ground structure height, complex d • Max. 24 sf • Min. 8' whichever is • Max 6' 8' the wall is than • Max. 6' above less hi gh more g round • Max 50 sf 900 feet from projection • Max 6 sf • Max. the • Where Pkk • Max. 550 sf or IV-0 right-of 19.3 sf per • Max. 20 1,000-1,199' foot of actual high momlme nt s ign may height, whichever is • Max, loos f are less allowed on a from the • Max. 4S' high • Max. 850 sf or allowed 1,200' or 18 sleet area may foot of actual he more height, which ever is combined into one less *IL One pole sign is allowed per single- tenant site or complex with 100' or more of frontage. 1 pril'Aa4z) sign per single tenaI4 S40 or GSI'Aple?i. 1-� a pole sign is esta4liskeg, a priiq4af� n4snuHwi4 sign is nat . A monument sign may not be established on the same frontage as a pole sign. x4 44 100' ralien hot,: oon polo a44d n4 ont si gns in the s C p l ow A4o ^h^ ^^l ^.,,a olo ,.t.-, n i G ^h^.,^ ,.opy Changing image is allowed on freestanding signs only, up to 50% ofthe total sign area. Pole si gns , b ,, 0 4 th.- ,. T.. e 11 ,. plie,.t:..., Externally or internally illuminated signs — except internally illuminated awnings — are allowed. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or s i 1 0 MMINO W S i g Revisions - edited version, revised 10- 29- 10.docx Page 17 of 21 32 Stri�� - Deleted text Attachment "A" Bold /Underline — Proposed new text Freeway Overlay Map Table 3.110.1OC Permanent Signs in the CO zone Freestanding Wall Monument Drive - through • Max. 1 per street frontage, 2 total • Max. 2 • Max. 1 per tenant plus 1 to • Max. 4! 8' high • Max. 8' high identify each building or complex • Max. 32 sf • Max. 8' wide . Max. 4% of facade area Pole, awning, marquee, canopy, projecting, and suspended signs, and readefbear-d changing image signs are not allowed. Externally or internally illuminated signs are allowed. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 18 of 21 33 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Table 3.110.1OD Permanent Signs in the DDC and NNC zones Freestanding Wall Monument Drive - through *Max. 1 per single - tenant site or complex • Max.4 8 high • Max. 20 sf • Max. 2 • Max. 8' high • Max. 8' wide buildin fr-eff tag ei. • Min. 16 sf • Max. 4% of facade or 50 sf, whichever is less $eeendwy btfildiiig fr-efft-age: 2% of =aqade,min. 1-2 sf-, ffiwi3 � Awning/ Marquee • Deemed wall signs • Shall not extend above or below the awning or marquee Projecting • Not allowed on a frontage with a monument sign • Max. 1 per single -tenant site or complex • Min. 8' above ground • Max. 12 sf • Max. 4' prof ection Suspended • Only at entrance to a building or tenant space • Shall not project past the outer edge of the roof structure • Min. 8' above ground • Max. 6 sf Pole and canopy signs are not allowed. Externally or internally illuminated signs — except internally illuminated awnings — are allowed. Meehaaieal and eleetfenie ehangeable eep , Changing image is allowed on monument signs only, up to 50% of the total sign area. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing image. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 19 of 21 M Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" Table 3.110.10E Permanent Signs in the IP, IL, and SWIR zones Monument Wall Awning/ Projecting Suspended Marquee *Maximum 1 per . Less than single- tenant site or prifnafy . Not allowed • Only at 300' complex btfildin on a site frontage • Maximum 32 sf with a entrance to a . Maximum 6-1 8' • Min. 16 sf monument building or high g o • Max. 4 /o of • Deemed ign tenant space or all wall signs g Max. 1 per Min. 8' *Maximum 1 per 1 150 s sf f . Shall not single- tenant above single- tenant site or whichever is extend site or ground complex lest above or complex Max. 6 sf • Maximum 1 S below the ' Min. 8' . Shall not . 300' or additional if a awning or ove abound project past more complex has 2 street marquee q mar uee the outer frontage frontages over 300 � •Max. 20 sf edge of the each Min. 12 � • Max. 4' roof *Maximum 50 sf projection structure • Maximum 6-1 high Pole and canopy signs are not allowed. Minimum 100' separation between monument signs in the same complex Externally or internally illuminated signs — except internally illuminated awnings — are allowed. Chan2in2 image is allowed on monument signs only, up to 50% of the total sign area. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing im age . 3.110.11 Nonconforming Signs A. Nonconforming signs may remain provided they comply with the provisions of this Section. B. Nonconforming permanent signs shall comply with the provisions of Section 3.110 when one or more of the following occurs: 1. A nonconforming sign is expanded, relocated, replaced or structurally altered. A nonconforming sign may be reduced in area or height without losing nonconforming status. 2. The use of the premises upon which the sign is located terminates for a continuous period of 180 days or more. In a complex, if an individual tenant space is vacant for a H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 20 of 21 35 Strike — Deleted text Bold /Underline — Proposed new text Attachment "A" continuous period of 180 days or more, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. The use of the premises upon which the sign is located changes. In a complex, if the use of an individual tenant space changes, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 4. A Conditional Use or Type III Design Review land use application is approved for the premises upon which the sign is located. In a complex, if an individual tenant space is the subject of a Type 11 Design R&view er- Type M Conditional Use or Type III Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 5. A nonconforming sign is damaged, destroyed, or deteriorated by any means where the cost of repairs exceeds 50 percent of its current replacement cost as determined by the Building Official. 6. A s o f ., n f e - ri ing si „(s) i i sti ed f the r e o V hiet, , I Eeept signs a aehed to individual tenant spaees i a eafnple�E, shall eamply f�er-fnit for- a eanfer-ming sign(s) is issued for- an individual tenant spaee upe a h i e - A C. A nonconforming sign or sign structure may be removed for no more than 60 days to perform sign maintenance or sign repair. A nonconforming sign or sign structure removed for more than 60 days shall comply with the provisions of Section 3.110. 3.110.12 Electronic Changing Image Signs A. Electronic changing image signs shall change from one displav to another disnlav in a transition time of not more than two seconds. The display shall thereafter remain static for at least the following intervals: 1. RS, R1S, RM, and P /SP zones: 20 seconds. 2. DDC. CO. CG not in Freewav Overlay. IP. IL, and SWIR zones: 8 seconds. 3. CG zone in Freeway Overlay: 4 seconds. B. No portion of an electronic changing image sign shall be brighter than as follows: 1. During daylight hours from sunrise to sunset, luminance shall be no greater than 3,000 candelas per square meter. 2. At all other times, luminance shall be no greater than 500 candelas per square meter. C. All electronic changing image signs shall be equipped with an automatic dimming feature that accounts for ambient light levels. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment A - City Council Public Hearing Sign Revisions - edited version, revised 10- 29- 10.docx Page 21 of 21 36 Attachment "B" 3.110 Signs 3.110.01 Purpose 3.110.02 Applicability 3.110.03 Computation of Sign Area 3.110.04 Definitions 3.110.05 Sign Permit Required 3.110.06 General Requirements 3.110.07 Signs Exempt From Permit Requirements 3.110.08 Prohibited Signs 3.110.09 Temporary Signs 3.110.10 Permanent Sign Allowances 3.110.11 Nonconforming Signs 3.110.12 Electronic Changing Image Signs 3.110.01 Purpose A. To the maximum extent permitted by the U.S. and Oregon Constitutions, the purpose of these regulations is to preserve and improve the appearance of the City and to eliminate hazards to pedestrians and motorists brought about by distracting sign displays. The regulations for signs have the following specific objectives: 1. To ensure that signs are designed, constructed, installed and maintained according to minimum standards to safeguard life, health, property and public welfare; 2. To allow and promote positive conditions for sign communication while at the same time avoiding nuisances to nearby properties; 3. To reflect and support the desired character and development patterns of the various zones and overlay zones and promote an attractive environment; 4. To allow for adequate and effective signs in commercial and industrial zones while preventing signs from dominating the appearance of the area; 5. To improve pedestrian and traffic safety; and 6. To ensure that the constitutionally guaranteed right of free speech is protected. B. The regulations allow for a variety of sign types and sizes for a site. The provisions do not ensure or provide for every property or business owner's desired level of visibility for the signs. The sign standards are intended to allow signs to have adequate visibility from streets and rights -of -way that abut a site, but not necessarily to streets and rights -of -way farther away. 3.110.02 Applicability These regulations apply to signs located within the City. The application of these regulations in no way limits the power of the City to enact other ordinances related to signs. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 1 of 18 37 Attachment "B" 3.110.03 Computation of Sign Area A. The area of freestanding signs and wall signs with one or more cabinets is the area of the display surface. B. The area of wall signs composed of individual elements, including but not limited to channel letters or painted letters or images, is the area of three rectangles around and enclosing the entire message or image. C. Sign area shall include only one side of a two -sided sign, regardless of the presence of sign copy on both sides. Where a sign is of a three dimensional, round or irregular solid shape, the largest cross section shall be used in a horizontal projection for the purpose of determining sign area. D. Sign area shall not include embellishments such as pole covers, decorative roofing, foundation or supports provided there are no words, symbols or logos on such embellishments. Figure 3.110.03A: Three rectangles enclose the message or image �� .� Figure 3.110.03B: Three rectangles enclose the message or image H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 2 of 18 38 Attachment "B" 3.110.04 Definitions Words used in the WDO have their normal dictionary meaning unless they are specifically defined by the WDO. Awning: A shelter projecting from, and supported by, the exterior wall of a building on a supporting framework. The awning may be constructed of rigid or non -rigid materials. Bench: A seat located upon or adjacent to public property for the use of a combination of passersby or persons awaiting transportation. Building Code: The most current edition of the Oregon State Structural Specialty Code. Canopy: A permanent unenclosed roof structure for the purpose of providing shelter to patrons in automobiles. Complex: Any group of two or more buildings, or individual businesses within a single building, provided at least two of the businesses have separate exterior entrances, on a site that is planned and developed to function as a unit and which has common on -site parking, circulation and access. A complex may consist of multiple lots or parcels that may or may not be under common ownership. Display Surface: The area made available by the sign for the purpose of displaying a message or image. The display surface includes the area of the message or image and the background. Fagade: The exterior face or wall of a building. Fluorescent (color): Strikingly bright, vivid, or glowing. Glare: Illumination of a sign that either directly, or indirectly from reflection, causes illumination on other properties or right -of -way in excess of a measurement of 0.5 foot candles of light measured at the property line. Height: Height is measured from the lowest point of the grade below the sign (excluding artificial berm) to the topmost point of the sign. Marquee: A permanent roofed structure attached to and supported by a building, and projecting out from a building wall, or over public access, but not including a canopy or awning. Premises: The land and buildings contained within the boundaries of a single- tenant site or complex. Sign: Materials placed or constructed, or light projected, that (1) conveys a message or image and (2) is used to inform or attract the attention of the public. Some examples of signs are materials or lights meeting this definition are commonly referred to as signs, placards, A -frame signs, posters, billboards, murals, diagrams, banners, flags, or projected slides, images or holograms. The scope of the term "sign" does not depend on the content of the message or image conveyed. Specific definitions for signs regulated in Section 3.110 include the following: A -Frame Sign: A double -faced temporary sign constructed with an A- shaped frame, composed of two sign boards attached at the top and separate at the bottom, not permanently attached to the ground, but secured to the ground or sufficiently weighted to prevent the sign from being blown from its location or easily moved. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 3 of 18 39 Attachment "B" Awning Sign: A sign attached to or incorporated into an awning. Balloon: An inflatable device less than 36 inches in greatest dimension and anchored by some means to a structure or the ground. Banner Sign: A sign made of fabric or other non -rigid material with no enclosing framework. Bench Sign: A sign on an outdoor bench. Blimp: An inflatable device 36 inches or greater in greatest dimension and anchored by some means to a structure or the ground. Changing Image Sign: A sign designed to accommodate routine changes of copy, images, or patterns of lights. Such signs include, but are not limited, to electronic signs incorporating LED, LCD, plasma, or projected light displays, and mechanical or manual changeable copy signs. Drive - Through Sign: A sign located adjacent to the driveway leading to a drive - through window and not legible from the public right -of -way. Such signs typically display menus or other information to drive- through customers. Externally Illuminated Sign: A sign where the light source is separate from the sign and is directed so as to shine on the exterior of the sign. Flag: A sign made of fabric or other similar non -rigid material supported or anchored along only one edge or supported or anchored at only two corners. Flashing Sign: A sign incorporating intermittent electrical impulses to a source of illumination or revolving in a manner which creates the illusion of flashing, or which changes colors or intensity of illumination more frequently than specified in Section 3.110.12.A. Freestanding Sign: A sign wholly supported by a sign structure in the ground. Freestanding signs include, but are not limited to, monument signs, pole signs, A -frame signs, and lawn signs. Illuminated Sign: A sign that incorporates light- emitting elements on or within the sign, or that is lit by external light sources directed at the sign. Internally Illuminated Sign: A sign where the light source is contained within the sign and is directed so as to shine on the interior of the sign. Lawn Sign: A temporary freestanding sign, made of weather - resistant lightweight materials, that is supported by a frame, pole, or other support structure placed directly in the ground without foundation or other anchor. Monument Sign: A freestanding sign that is placed on a solid base that extends a minimum of one foot above the ground and extends at least 75 percent of the length and width of the sign. The aboveground portion of the base is considered part of the total allowable height of a monument sign. A monument sign less than 8 feet high need not have a solid base. Moving Sign: A sign, EXCEPT a flag, balloon, or pennant, in which the display surface changes orientation or position. Moving signs include, but are not limited to, rotating signs, pinwheels, wind socks, and blimps. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 4 of 18 40 Attachment "B" Nonconforming Sign: A sign lawfully established prior to the adoption of current standards or a sign lawfully established on property annexed to the City, which does not conform to the current sign standards. Pennant: A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Permanent Sign: Any sign other than a temporary sign. Pole Sign: A freestanding sign which exceeds eight feet in height. Portable Sign: A sign that is not affixed to a structure or the ground in a permanent manner and that may be moved easily from place to place. Projecting Sign: A sign, other than a wall sign, that proj ects from, and is supported by, a roof or wall of a building or structure and is generally at right angles to the building. Roof sign: Any sign erected upon or extending above or over the eave or roof of any building or structure. A sign erected upon a roof which does not vary more than 20 degrees from vertical shall be regulated as a wall sign. Figure 3.110.03C: Illustration of roof and wall signs Subdivision Sign: A sign located on land in a recorded subdivision containing four lots or more. Suspended Sign: A sign suspended from the underside of a canopy, awning, arcade, marquee, or other roofed open structure and oriented to pedestrian traffic. Temporary Sign: A sign that is not permanently affixed or attached to a building, structure, or the ground. Temporary signs include, but are not limited to A- frames, banners, flags, pennants, balloons, blimps, streamers, lawn signs, and portable signs. Unsafe sign: A sign constituting a hazard to safety or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, disaster, damage, abandonment or inability to meet lateral and /or vertical loads as determined by the City of Woodburn Building Official. Wall Sign: Any sign attached to or erected against the wall of a building or structure, or H:AJaniceCl \01 - Attorney \Council\2010 \November\November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 5 of 18 41 Attachment "B" attached to or erected against a roof which does not vary more than 20 degrees from vertical, with the exposed face of the sign in a plane parallel to the plane of the wall or roof, and which does not project more than 18 inches from the wall or roof. Window Sign: A sign that is placed inside a building (such as placement on a windowsill), within six inches of a window or attached to the inside of a window. Sign Maintenance: Normal care needed to keep a sign functional such as painting, cleaning, oiling, and changing light bulbs. Does not include an alteration to the sign. Sign Repair: Fixing or replacement of broken or worn parts. Replacement includes comparable materials only. Repairs may be made with the sign in position or with the sign removed. Sign Structure: The structure, supports, uprights, braces, framework and display surfaces of a sign. Single- tenant Site: A development that is not a complex. Structural Alteration: Modification of a sign or sign structure that affects size, shape, height, or sign location; changes in structural materials; or replacement of electrical components with other than comparable materials. The replacement of wood parts with metal parts, the replacement of incandescent bulbs with light emitting diodes (LED), or the addition of electronic elements to a non - electrified sign are examples of structural alterations. Structural alteration does not include ordinary maintenance or repair, repainting an existing sign surface, including changes of message or image, exchanging painted and pasted or glued materials on painted wall signs, or exchanging display panels of a sign through release and closing of clips or other brackets. 3.110.05 Sign Permit Required A. A sign permit is required to erect, replace, construct, relocate, or alter a sign, unless such sign is exempt under Section 3.110.07. To initiate consideration of a sign permit, a complete City application, accompanying information, and a filing fee must be submitted to the Director. The Director shall issue a sign permit if the applicant demonstrates compliance with all provisions of Section 3.110. B. Sign maintenance, sign repair and changing of a sign display surface is allowed without obtaining a sign permit so long as structural alterations are not made and the sign display surface is not altered in shape or size. C. If a building permit is required to erect the sign, the sign permit approval shall expire at the same time the building permit expires. If a building permit is not required to erect the sign, the sign permit approval shall expire 180 days from the date of approval unless substantial construction of the sign has occurred. 3.110.06 General Requirements A. Location: No portion of a freestanding sign shall be located less than five feet from any boundary property line. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 6 of 18 42 Attachment "B" B. Sign Maintenance: Signs and sign structures together with their supports, braces, guys, anchors and electrical components must be maintained in a proper state of repair. The Director may order the removal of any sign or sign structure that is not maintained. Signs and sign structures that are dangerous must be taken down and removed or made safe, as the Director deems necessary. C. Signs shall be constructed of weather - resistant material. Paper products such as construction paper, poster board, and cardboard are not considered weather - resistant materials and are not allowed. D. Each sign should be designed to be consistent with the architectural style of the main building or buildings on the site. Signs should be designed to incorporate at least one of the predominately visual elements of the building, such as type of construction materials or color. The use of fluorescent colors or highly reflective materials should be discouraged. E. Supporting elements of pole signs shall be covered consistent with subsection (D) above. The total width of pole covers shall be at least 30 percent of the sign display width. F. Freestanding signs shall appear to be a single unit and shall not have separate or detached cabinets or display surfaces that are not architecturally integrated into the primary display surface. 3.110.07 Sims Exempt From Permit Requirements The following are exempt from application and permit requirements of this Section, but are subject to other applicable portions of this Section and the City Code and may require building and electrical permits: A. Window signs provided such signs shall not obscure more than 50 percent of the total window area of a building face. B. Flags, provided that: 1. not more than two flags shall be exempt on any lot or parcel in a commercial or industrial zone 2. not more than three flags shall be exempt on any lot or parcel in a residential or P /SP zone 3. the area of any exempt flag shall not exceed 40 square feet 4. no portion of an exempt flag may be more than 40 feet above ground level C. Signs on residential dwellings, provided that not more than two such signs are permitted on a dwelling unit and the total area of all such signs shall not exceed three square feet. D. Signs that are inside a building, except window signs, or signs that do not have a primary purpose of being legible from a public street or another property. Such signs include, but are not limited to, scoreboard signs, signs on the inside of ball field fences, signs within a stadium, and signs located within the site of a special event such as a festival or carnival. E. Signs required by federal, state, or city law on private property, except signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display) if the sign is no more than six square feet in area. Such signs include building addresses, handicap parking signs, designation of fire lanes, public hearing notices, and directional signs. F. Signs owned and maintained by federal or state agencies or the City of Woodburn. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 7 of 18 43 Attachment "B" G. Signs lawfully erected in the public right -of -way in accordance with applicable state and local laws and regulations, including public utility signs, traffic signs and traffic control devices. H. Decorations and lights relating directly to federal, state, or City recognized events, seasons, or holidays, provided that such decorations and lights shall be placed not more than 45 days before the holiday or event to which they pertain and shall be removed within 15 days of the passing of the holiday or event to which they pertain. Signs on phone booths and product dispensers, such as beverage, recycling, newspaper, gasoline, and propane machines provided the total area of signage on an individual unit does not exceed three square feet. Bench signs, provided the total area of such signs on a bench does not exceed one square foot. 3.110.08 Prohibited signs The following signs and advertising devices are prohibited: A. A sign located on the roof of any building or structure. B. A sign located in the special setback area established by Section 3.103.05. C. A sign in public rights -of -way except awning, projecting, wall, and suspended signs projecting over a public right -of -way in conformity with Section 3.110, unless specifically allowed under 3.110.01 or exempt under Section 3.110.05. D. Internally illuminated awning sign. E. A permanent sign located on an undeveloped lot or parcel, except subdivision signs. F. A beacon light, searchlight, strobe light or a sign containing such lights. G. Neon tubing on the exterior of a building. H. A sign that imitates or resembles official traffic lights, signs or signals, or a sign that interferes with the effectiveness of any official traffic light, sign or signal. An illuminated sign that produces glare. A sign required to have been issued a sign permit, but for which no sign permit has been issued. K. A sign with visible incandescent bulbs or fluorescent tubes or a sign with a visible direct source of illumination, except neon, light- emitting diodes, or plasma displays, and not otherwise allowed under Section 3.110.10 or exempt under Section 3.110.07. L. An unsafe sign or a sign that constitutes a public nuisance. M. A sign that incorporates flames or emits sounds or odors. N. A sign supported in whole or in part by cables or guy wires, or that has cables or guy wires extending to or from it. O. Blimps. P. Signs attached to utility poles or boxes, except those attached by the utility. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 8 of 18 44 Attachment "B" Q. Flashing signs. R. Moving signs. S. Changing image temporary signs. T. Flags with an aspect ratio (hoist to fly, or height to width) greater than 1:1. 0.6:1 (allowed) Figure 3.110.08A: Aspect ratio of flags 3.110.09 Temporary Sims 3.6 :1 (prohibited) A. Certain temporary signs that are not otherwise exempt under Section 3.110.07 may be approved for a limited period of time as a means of drawing attention to special events such as grand openings, carnivals, charitable events, seasonable openings, special promotions, etc. Approval of a Temporary Sign Permit application shall be required prior to placement of such signs. B. Criteria. The Director shall approve an application for a Temporary Sign Permit only if it complies with the following approval criteria: The following types of temporary signs are permitted with a Temporary Sign Permit: A- frames, banners, flags, pennants, balloons, strings of lights, streamers, and lawn signs. Temporary sign types not specified above including other types of portable signs and blimps are not permitted with a Temporary Sign Permit. 2. An owner or tenant of an individual property, a tenant in a complex, and the owner of a complex may obtain Temporary Sign Permits. 3. No temporary sign shall obstruct on -site pedestrian or vehicular access or circulation. 4. Temporary Sign Permits shall be limited to a specified number of 15 -day periods per calendar year. Said periods may run consecutively; however, unused days from one period shall not be added to another period. The number of Temporary Sign Permits and maximum sign area shall be as follows: H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 9 of 18 45 1:1 (allowed) Attachment "B" Table 3.110.09A Temporary Signs in the RM and P /SP zones Type Maximum Number Maximum total sign area (square feet) 15 -day periods Any use Lawn or A -frame 2 8 Unlimited Lawn signs shall be a maximum of 7 feet in height. A -frame signs shall be a maximum of 3 feet in height. Table 3.110.0913 Temporary Signs in the RS and R1S zones Maximum Maximum total 15 -day Type Time Number sign area (square periods feet) During the period from 45 24 days before a public election Any Lawn or the time the election is 6 no individual sin g Not called, whichever is earlier, may exceed six applicable PP use frame until seven days after the square feet in area public election All other times of the year 2 8 Unlimited Lawn signs and A -frame signs in the RS or R1 S zone may be located in the public right -of -way provided that: a. The signs shall be established by the property owner or property owner's agent, b. No sign may be established in the right -of -way of a Major Arterial street, c. Signs shall not be placed in vision clearance areas (Section 3.103.10) or in adjacent rights -of -way, d. Signs shall not be on or overhanging a travel or on- street parking lane, e. Signs shall not be on or overhanging a sidewalk, and f. No portion of a sign shall be less than 3 feet from the back of a curb. Lawn signs shall be a maximum of 7 feet in height. A -frame signs shall be a maximum of 3 feet in height. Table 3.110.09C Temporary Signs in Commercial and Industrial Zones H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 10 of 18 46 Attachment "B" Table 3.110.09C Temporary Signs in Commercial and Industrial Zones Type Maximum Number Maximum total sign 15 -day area (square feet) periods All except None 200 4 Single- tenant A -frame . 1 in the DDC zone nonresidential site A -frame 8 Unlimited * 2 in all other zones Individual tenant in All except A -frame None 100 4 a nonresidential complex p A -frame • 1 in the DDC zone 8 Unlimited * 2 in all other zones Nonresidential All except None 200 4 complex with less A -frame than 20 tenant spaces A -frame Not allowed Nonresidential All except None 400 6 complex with 20 or A -frame A -frame Not allowed more tenant spaces Lawn signs shall be a maximum of 7 feet in height. A -frame signs shall be a maximum of 3 feet in height. Temporary signs for an individual tenant in a complex, except A -frame signs, shall be limited to banners and flags on the exterior walls and windows of the individual tenant space. A -frame signs in the DDC zone shall conform to the following standards. a. The sign may be located on private property or in the public right -of -way. b. The sign shall not exceed 3 feet in width, 3 feet in height, and 9 square feet in area. c. The sign shall be at least one foot from the curb so as not to interfere with on- street parking, d. A minimum access width of 4 feet shall be maintained along all sidewalks and building entrances accessible to the public. Signs should be placed either next to the building or at the curbside by a street tree, bench, or other public amenity so as not to block on- street parking. e. The sign permit shall be revocable in case of noncompliance. f. The sign shall not be placed in a vision clearance area (Section 3.103.10) or in adjacent rights -of -way. g. The sign shall be utilized only during business hours and shall be removed during non - business hours. h. The sign shall not be illuminated. i. The sign owner shall assume all liability for incidents involving the sign by signing a document exempting the City from liability. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 11 of 18 47 Attachment "B" 3.110.10 Permanent Sign Allowances Permanent signs shall not exceed the number, size, or height specified in the following tables, and shall comply with the other regulations noted in the following tables. Table 3.110.10A Permanent Signs in RS, R1S, RM, and P /SP zones Monument Wall Changing Image Non - residential use, • Max. • Max. 8' high • Max. 1 sign 65% of sign area less than 3 acres • Max. 20 sf • Max. 20 sf • Max. 1 per street • Max. 1 per wall facing a frontage Non - residential use, 3 • Max. 2 signs public street 65% of sign area acres or more • Max. 8' high • Max. 2 signs . Max. 32 sf • Max. 32 sf • Max.l . Max. 8' high e Max. 1 Not allowed dwellings g Max. 20 sf • Max. 20 sf Subdivision with . Max. 1 on each side of • Max. 1 on each side of more than 4 lots or entrance from public entrance from public mobile home park street street • Max. 20 sf Not allowed with more than 4 . Max. 8' high • Allowed on freestanding spaces • Max. 20 sf walls only Pole, awning, marquee, canopy, projecting, and suspended signs are not allowed. Changing image is allowed as part of a monument sign only. Externally illuminated signs are allowed. Internally illuminated signs are not allowed, except for changing image signs. A sign on a freestanding wall shall not project above the wall. Non - residential complexes with two or more buildings and multiple - family residential complexes with four or more buildings are allowed one additional sign per street access. Such signs shall be located a minimum of 50 feet from the public right -of -way. Each sign shall be limited to a maximum area of 24 square feet. Freestanding signs shall be limited to a maximum height of eight feet. Such signs typically display a directory or map of the complex. A subdivision or mobile home park may have a maximum of 2 signs per public street entrance. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 12 of 18 48 Attachment "B" Table 3.110.1OB Permanent Signs in the CG zone Freestanding Pole Frontage Freeway Overlay (See Map) Elsewhere Monument Drive - through Less than 100' 100 -299' 300 -599' 1,000- 1,199' Not allowed • Max. 1 per single- tenant site or complex • Max. 45' high • Max. 200 sf or 4.5 sf per foot of actual height, whichever is less • Max. 1 per single- tenant site or complex • Max. 45' high • Max. 200 sf or 4.5 sf per foot of actual height, whichever is less • Max. 1 per single- tenant site or complex • Max. 45' high • Max. 300 sf or 6.7 sf per foot of actual height, whichever is less • Max. 1 per single- tenant site or complex • Max. 45' high • Max. 550 sf or 12.3 sf per foot of actual height, whichever is less Not allowed • Max. 1 per single- tenant site or complex • Max. 20' high • Max. 32 sf (single tenant) • Max. 50 sf (complex) • Max. 1 per single- tenant site or complex • Max. 20' high • Max. 50 sf (single tenant) • Max. 75 sf (complex) • Max. 1 per single- tenant site or complex • Max. 20' high • Max. 100 sf • Max. 1 per frontage on the same street • Max. 4 signs per single - tenant site or complex. • Max. 8' high • Max. 32 sf • Max. 1 per 300' of frontage on the same street • Max. 2 signs per street frontage • Max. 4 per single- tenant site or complex. • Max. 8' high • Max. 50 sf • Where two monument signs are allowed on a frontage, the allowed area may be combined into one sign. • Max. 2 • Max. 8' high • Max. 8 ' wide H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 13 of 18 Attachment "B" Table 3.110.1OB Permanent Signs in the CG zone . Max. 1 per single- tenant site or complex 1,200' or . Max. 45' high more • Max. 850 sf or 18.9 sf per foot of actual height, whichever is less Wall • Min. 20 sf • Max. 6% of facade or 200 sf, whichever is less • Allowance increases by 50% if the wall is more than 200 feet from the public right -of -way Awning /Marquee • Deemed wall signs • Shall not extend above or below the awning or marquee Canopy • Max. 2 sides of canopy • Max. 15% of canopy face or 50 sf, whichever is less Projecting • Not allowed on a site or complex with a pole or monument sign • Max. 1 per single- tenant site or complex • Min. 8' above ground • Max. 24 sf • Max. 6 projection Suspended • Max. 1 at each entrance to a building or tenant space • Shall not project past the outer edge of the roof structure • Min. 8' above ground • Max. 6 sf A monument sign may not be established on the same frontage as a pole sign. Changing image is allowed on freestanding signs only, up to 50% of the total sign area. Externally or internally illuminated signs — except internally illuminated awnings — are allowed. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing image. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 14 of 18 50 Attachment "B" Freeway Overlay Map Table 3.110.1OC Permanent Signs in the CO zone Freestanding Wall Monument Drive - through • Max. 1 per street frontage, 2 total • Max. 2 • Max. 1 per tenant plus 1 to • Max. 8' high • Max. 8' high identify each building or complex • Max. 32 sf • Max. 8' wide . Max. 4% of facade area Pole, awning, marquee, canopy, projecting, and suspended signs, and changing image signs are not allowed. Externally or internally illuminated signs are allowed. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 15 of 18 51 Attachment "B" Table 3.110.1OD Freestanding Monument Drive - through *Max. 1 per single- . Max. 2 tenant site •Max. 8' or high complex • Max. 8' *Max. 8' wide high • Max. 20 sf Permanent Signs in the DDC and NNC zones Wall • Min. 16 sf • Max. 4% of facade or 50 sf, whichever is less Awning/ Marquee • Deemed wall signs • Shall not extend above or below the awning or marquee Projecting • Not allowed on a frontage with a monument sign *Max. 1 per single- tenant site or complex *Min. 8' above ground • Max. 12 sf • Max. 4' projection Suspended • Only at entrance to a building or tenant space • Shall not project past the outer edge of the roof structure • Min. 8' above ground • Max. 6 sf Pole and canopy signs are not allowed. Externally or internally illuminated signs — except internally illuminated awnings — are allowed. Changing image is allowed on monument signs only, up to 50% of the total sign area. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing image. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 16 of 18 52 Attachment "B" Table 3.110.10E Permanent Signs in the IP, IL, and SWIR zones Monument Wall Awning/ Projecting Suspended Marquee *Maximum 1 per • Not Only t y . Less than single-tenant site g allowed on entrance to 300' or complex a site with a building frontage • Maximum 32 sf a or tenant *Maximum 8' high • Deemed monument . Min. 16 sf • Max. 4% of wall signs . Shall not sign • Max. 1 per space p ' Min. 8' above *Maximum 1 per single- tenant site facade or extend single - ground or complex 150 sf, above or tenant site ' Max. 6 sf Maximum 1 whichever below the or complex Shall not • 300' or additional if a is less awning or Min. 8' project past more frontage complex has 2 marquee above ground the outer street frontages .Max. 20 sf edge of the over 300' each • Max. 4' roof *Maximum 50 sf projection structure *Maximum 8' high Pole and canopy signs are not allowed. Minimum 100' separation between monument signs in the same complex Externally or internally illuminated signs — except internally illuminated awnings — are allowed. Changing image is allowed on monument signs only, up to 50% of the total sign area. For signs regulated by ORS 646.930 (Motor vehicle fuel prices; requirements for display), an additional 32 square feet may be incorporated into another sign or may be installed as a separate wall or monument sign. The fuel price display area of such signs may be electronic changing image. 3.110.11 Nonconforming Signs A. Nonconforming signs may remain provided they comply with the provisions of this Section. B. Nonconforming permanent signs shall comply with the provisions of Section 3.110 when one or more of the following occurs: A nonconforming sign is expanded, relocated, replaced or structurally altered. A nonconforming sign may be reduced in area or height without losing nonconforming status. 2. The use of the premises upon which the sign is located terminates for a continuous period of 180 days or more. In a complex, if an individual tenant space is vacant for a continuous period of 180 days or more, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 17 of 18 53 Attachment "B" The use of the premises upon which the sign is located changes. In a complex, if the use of an individual tenant space changes, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. 4. A Conditional Use or Type III Design Review land use application is approved for the premises upon which the sign is located. In a complex, if an individual tenant space is the subject of a Conditional Use or Type III Design Review land use application, only signs attached to such tenant space shall be required to comply with the provisions of Section 3.110. A nonconforming sign is damaged, destroyed, or deteriorated by any means where the cost of repairs exceeds 50 percent of its current replacement cost as determined by the Building Official. C. A nonconforming sign or sign structure may be removed for no more than 60 days to perform sign maintenance or sign repair. A nonconforming sign or sign structure removed for more than 60 days shall comply with the provisions of Section 3.110. 3.110.12 Electronic Changing Image Sims A. Electronic changing image signs shall change from one display to another display in a transition time of not more than two seconds. The display shall thereafter remain static for at least the following intervals: 1. RS, R1 S, RM, and P /SP zones: 20 seconds. 2. DDC, CO, CG not in Freeway Overlay, IP, IL, and SWIR zones: 8 seconds. 3. CG zone in Freeway Overlay: 4 seconds. B. No portion of an electronic changing image sign shall be brighter than as follows: 1. During daylight hours from sunrise to sunset, luminance shall be no greater than 3,000 candelas per square meter. 2. At all other times, luminance shall be no greater than 500 candelas per square meter. C. All electronic changing image signs shall be equipped with an automatic dimming feature that accounts for ambient light levels. H:AJaniceCl \01 - Attorney \Council \2010 \November \November 8 \Attachment B - City Council Public Hearing Sign Revisions - without edits, revised 10- 29- 10.docx Page 18 of 18 54 Attachment "C" WOODBURN PLANNING COMMISSION MEETING MINUTES June 24, 2010 CONVENED: The Planning Commission met in a regular session, followed by a workshop, at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. Chairperson Ban+�elow. Present Commissioner Absent (Pre arranged) Commissioner Absent (Pre - arranged) Vice - Chairperson ,Tennngs Present Commissioner Rengy Present CommissionerY `e7r Present Staff Present Jim Hendryx, Director of Economic and Development Services Vicki Musser, Recording Secretary Minutes A. Woodburn Planning Commission Meeting Minutes of June 10, 2010 B. Final Order PCUN 2010 -03; EXCP 2010 -03; PLA 2010 -01 Commissioner Jennings moved to accept the minutes as written, and Commissioner Kenagy seconded the motion, which was carried unanimously. Business From The Audience There was none. Communication There was none. Public Hearin A. Commissioner Jennings moved to have Final Order Land Use Decision: DR 2010 -03; EXCP 2010 -03; PLA 2010 -01 discussed and approved as the first agenda item. Commissioner Piper seconded the motion, and the Final Order was approved by the Commission. Planning Commission Meeting — June 24, 2010 Page 1 of 2 55 Attachment T" Sign Workshop The latest revision of the Woodburn Sign Ordinance recommendations (6- 24 -10, revised 6- 24 -10) was distributed to the Commissioners. The Commissioners discussed various sections of the proposed changes, and made some further suggestions. • Monument signs: The recommendation states that "A monument sign less than 4 feet high need not have a solid base ". This height was discussed, and changed to 5 feet. • Feather flags were discussed extensively. • The definition of temporary signs needs to be clarified. • Guide wire regulations are mentioned in several places that appear to contradict themselves. • Charts and tables in the Sign Ordinance need a title above them, to avoid confusion. • Various formatting issues need to be corrected. • The numbers indicating different sections of the Sign Ordinance are confusing, and a table of contents would help. Jim Hendryx, Director of Economic and Development Services, stated that the whole goal of the revision is to clarify and simplify the Sign Ordinance. He said that he would present a packet at the next meeting that would include a definition of temporary signs, information on whether feather lags can be allowed as temporary signs, and further simplification of formatting issues. Commissioner Piper noted that overall, the ordinance revision is compatible with business practices. ADJOURNMENT Vice - Chairperson Jennings moved to adjourn the meeting /workshop. Commissioner Kenagy seconded the motion, which carried unanimously, The meeting was adjourned at 7 :59 pm. APPROVED i El en Bande ow, C AIRPERSON ATTEST mes N.P. Hendryx "rJ 'Economic & Development Services Director City of Woodburn, Oregon Planning Commission Meeting Datf Date Page 2 of 2 M Attachment "C" WOODBURN PLANNING COMMISSION MEETING MINUTES May 13, 2010 CONVENED: The Planning Commission met in a regular session, followed by a workshop, at 7:00 p.m. in the City Hall Council Chambers with Vice -Chair ROLL CA Chairperson �anielo < Absent (pre-arranged Vice -Chair Jenn�n s _ g Present Commissioner Grp oaeff ' Present Commissioner Present Commissioner l? Present Commissioner Iea, Absent (pre - arranged) Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Vicki Musser, Recording Secretary Minutes A. Woodburn Planning Commission Meeting Minutes of April 22, 2010 Commissioner Hutchison moved to accept the minutes as written, and Commissioner Grigorieff seconded the motion, which was carried unanimously. Business From The Audience There was none. Communication There was none. Public Hearing A. Type III Subdivision (SUB 2010 -01), Type III Variance (VAR2010 -02), and Type III Exception to Street Right- of-Way and Improvement Requirements (EXCP 2010 -02) Staff Report Planning Commission Meeting — May 13, 2010 Page 1 of 6 57 Attachment T" Associate Planner Don Dolene gave a Power Point presentation on the proposed 9 -lot subdivision with variances and a street exception. The property is located south of Hardcastle, east of Hwy 99E and abuts City limits on the south. It is zoned Residential Single Family (RS). The proposed subdivision has 9 lots, and would necessitate the removal of an existing dwelling. The applicant is requesting variances for lot depth and area for Lots 1 and 6. A road is proposed which aligns with Centennial Rd on the far side of the neighbor's (1830 Hardcastle) property. The proposed road will dead -end at the edge of the applicant's property, along with a Fire Department easement turn - around for fire trucks. The Fire Department has been notified and given the plans, and has no objection. The easement will be vacated when the street eventually goes through the adjoining property at some future date. Several variances have been requested. One is a variance to alter the minimum lot width from 80 feet to 60 feet on Lot 1, as well as a variance to approve a lot size reduction from 8,000 square feet to 7,364 square feet. While the applicant could design the plat to meet the size requirement for Lot 1, it would result in a very narrow, flag -pole shaped section considered unusable, and the applicant would like to sever that from the Lot 1 parcel. Vehicular access will be off of Centemnial Drive, rather than Hardcastle Avenue. Lot 6 is also considered a corner lot, and the variances are for a minimum lot depth and area. The applicant has requested a street exception for Hardcastle Avenue. Hardcastle presently conforms to the cross - section required by the City, with sidewalks, traffic lanes, curb and gutters, a drainage system, and bike lanes. However, it does not conform to the planter width standard. The proposed subdivision will generate approximately a 6.5 percent increase in vehicular traffic. The transportation system has adequate capacity to absorb that increase. The Planning Division recommends approval of the variances and street exceptions, subject to conditions of approval, that the property be developed in substantial conformity to the proposed subdivision plan, and identify one additional street tree location and appropriate tree species. In addition, it would be required that the applicant enter into a non - remonstrance agreement to participate in the funding of improvements when Hardcastle Avenue is redeveloped at some future date. Public Coininent Vice -Chair Jennings invited testimony from the audience. Troy Plum, PO Box 374, Corvallis, OR 97329, is the civil engineer for the K.alugin Estates project. An underground pipe system with a detention man -hole would be installed, so there wouldn't be any further storm water burden on the existing system on Hardcastle Avenue. The site is very flat. The plan is to use the earth from street cuts and utilities to raise the lots to increase drainage to the street from the front driveways and roof drains, and to the east and south from the back. Planning Commission Meeting — May 13, 2010 Page 2of6 Attachment T" Commissioner Piper asked about the radius of the curve in the proposed road on the property. Mr. Plum said that City of Woodburn's minimum is 100 feet, and the radius of this curve would be 120 feet. Commissioner Hutchison noted that the 6,000 square foot lot size is very small. Other lots nearby are larger. His concern is congestion, and asked if those sizes were proposed as the result of a cost - benefit analysis. Mr. Plum responded that based on consultation with engineers, the lot sizes were acceptable. Planning Commission Discussion Discussion continued arnong the Commissioners about the proposed lot size. Commissioner Piper said that the lot size was indeed small, but well within Ordinance requirements. Commissioner Hutchison had continued reservations about the small lot size. Commissioner Grigorieff noted that the trend now for many home buyers is for a smaller house and lot, so that there is less to care for. Commissioner Jennings observed that there are many reasons for smaller lot sizes, and that the 6,000 square feet variance was within the law. Commissioner Hutchison felt that the Commission needs to look at the City's long -term goals and make sure any present decisions fall in line with those goals. The discussion ended, and Commissioner Grigorieff made a motion to approve Sub - division 2010 -01, Var 2010 -02 and Excp 2010 -02, subject to the recommendations of staff. Roll Call Grigorieff Yes Hutchison No Piper Yes Jennings Yes The motion was passed with a 3 -1 vote. The final order will be prepared for the next Planning Commission meeting on May 27`" Workshop Planning Commission Meeting — May 13, 2010 Page 3 of 6 01 Attachment T" Economic and Development Services Director Jim Hendryx read aloud a memo about revising the sign standards in residential zones. Presently, 2 flags are allowed in residential zones, and the revision would increase it to 3. Size and height were also addressed, with flag size being standardized and not allowed to exceed 40 square feet, and the aspect ratio of an exempt flag not to be greater than 1:2. Flags not meeting these criteria would require permits as pole signs. Feather flags are recommended to be allowed under a Temporary Sign Permit for a limited time of 4 times a year, for a maximum of 15 days per permit. City businesses using feather flags have not yet been contacted, since Hendryx wants to get the standards adopted first. Commissioner Piper spoke about temporary signs. He feels strongly that limiting temporary signs hurts local businesses. Temporary signs boost business, and the Plamling Commission needs to decide what's more offensive: temporary signs or vacant buildings and loss of business. Temporary signs have value to people in business. He suggested the possible solution that temporary signs might remain until they begin to deteriorate, at which time they must come down or be replaced. Hendryx noted that there is a regulatory framework for temporary signs. He introduced Melissa Hayden, a company representative for Security Signs, as well as a member of the Sign Focus Group, who was in the audience. Commissioner Jennings asked if banners are considered temporary or permanent signs. Hendryx replied that when a sign is permanently affixed, and after taking into account its size and conformance to WDO standards, then it is considered a permanent sign. The Sign Focus Group, which is comprised of business people, studied the community, asking themselves, "What sort of signage is being posted, and is it a value to the community ?" Melissa Hayden told the Commissioners that temporary banners in Portland need a permit if they're posted for more than 30 days. Hendryx said that Woodburn is very generous in its signage regulations. The Planning Division is always willing to go out into the community and help anyone who asks about signage. In many cases, they can suggest alternatives to non - conforming or illegal signs. Educating the community about signs is a necessary component that still needs to be addressed. Hendryx noted that it was a privilege to have a representative from Daktronics out during the last Plamling Commission meeting to show the Commissioners the brilliancy levels in luminas in electronic reader boards. He read aloud the proposed change in luminas. From sunrise to sunset, luminance shall be no greater than 3,000 candelas per square meter. At all other times, luminance shall be no greater than 500 candelas per square meter. In addition, all electronic changeable -copy reader boards must be equipped with an automatic dimming feature that accounts for light levels. Planning Commission Meeting — May 13, 2010 Page 4of6 .e Attachment "C" Melissa Hayden said that built -in photo cells will automatically control brightness levels, and would be much less expensive than purchasing the equipment necessary to try and measure brightness levels accurately. Hendryx told the Commissioners that Assistant City Attorney Jon Stuart is still researching sign amortization. Recently, Hendryx and Dolene took a tour of the City and saw about 125 non - conforming pole and monument signs. The problem of non- conforming signs is pervasive. ODOT interprets state law to say that if the City applies amortization to non - conforming signs, it needs to compensate those owners. Melissa Hayden noted that in Newberg, where business owners were not compensated under an amortization plan, they took down non - conforming signage, but in many cases could not afford to replace them with conforming signs, and the results are holes, stumps or sticks where signage used to be. He went on to say that the Sign Focus Group spent a long time studying the Woodburn Company Stores signage. It was thought that the main Woodburn Company Stores sign needed to be 300 square feet in area to include an electronic reader board; however, redoing the math shows that it needs to be 550 square feet. The Director of the Company Stores has been notified. Signage is based on street frontage, and the Company Stores has 1900 square feet of street frontage. At the present, these are the only stores to be eligible for this sign variance. Commissioner Piper advised that street frontage rules that apply at present only to the Company Stores should be made standard. Hendryx said that the proposal would make it a standard for any fixture building. Hendryx proposed that the Planning Commission members go on a sign tour, with special focus on the interchange signs. The Commissioners agreed. He will send out an e -mail with possible dates and times. Businesses at the interchange told the Sign Focus Group that their signs are critical to business success. Abandoned sign notices are signs without advertisements, or signs posted regarding businesses that have been closed for 180 days or more. Hendryx indicated that it is not necessary to establish procedures in the WDO for abandoned signs. They can be dealt with administratively. Hendryx said that the Planning Commission might want to hold one or two more sign workshops. If sign standards are changed, advance notice must be provided to the public. Planning Commission Meeting -- May 13, 2010 Page 5 of 6 61 Attachment T" Hendryx went over the proposed revisions for signage in the CG zone, including A- frame signs in the City ROW and the recommendation that wall signs be allowed to comprise 6% on all walls, rather than the present rules that the first wall sign may comprise 6% of that total wall's area, and the second wall may use 3 %. He touched on pole signage's existing standards in the CG zone, and the proposal to standardize height to 20 feet for all pole signs, which are only allowed in CG zones. There was some discussion about the proposed Overlay Zone's boundaries, which presently extends to Evergreen Street, and the feeling was expressed that it should be extended to Oregon Way, since businesses such as KFC and Dairy Queen are excluded from using signage that can be seen from the freeway. Several Commissioners felt that this exclusion could be detrimental to the businesses in that area. The need to hold Planning Commission elections for the Chair and Vice -Chair was brought up. Commissioner Jennings suggested that the Chair position be rotated annually, giving each Commissioner the opportunity to chair the meetings. He noted that in the past, elections have not always been held in a timely manner. ADJOURNMENT Vice -Chair Jennings moved to adjourn the meeting /workshop. Commissioner Grigorieff seconded the motion, which carried unanimously. The meeting was adjourned at 9:11 pm. APPROVED Ellen andelow, C AIRPERSON ATTEST `. .� ,, I � )`.,1 James N.P. Hendryx Economic & Development Services Director f City of Woodburn, Oregon Planning Commission Meeting — May 13, 2010 Dat e� J/ Page 6 of 6 62 Attachment "C" WOODBURN PLANNING COMMISSION MEETING MINUTES May 27, 2010 CONVENED: The Planning Commission met in a regular session, followed by a workshop, at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. ROLL CALL: Chairperson ; Present Commissioner Gt'eorxeff Present Commissioner utchison; Present Vice - Chairperson < Jennings Present Commissioner eagy Present Commissioner Pi `e►, , . , Absent (Pre - arranged) Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolene, Associate Planner Vicki Musser, Recording Secretary Minutes A. Minutes from the May 13, 2010 Planning Commission meeting Commissioner Grigorieff moved to accept the May 13, 2010 minutes as written, and Commissioner Hutchison seconded the motion, which was carried unanimously. Business From The Audience There was none. Communication There was none. Public Hearinj4 A. Final Order Sub 2010 -01; Var 2010 -02; Excp 2010 -02 Commissioner Jennings moved to have Final Order Land Use Decision: Sub 2010 -01: Var 2010 -02: Excp 2010 -02 discussed and approved as the first agenda item. Commissioner Hutchison seconded the motion, and the Final Order was approved by the Commission. B. Design Review 2010 -02; Phasing Plan 2010 -01 Planning Coniniission Meeting — May 27, 2010 Page 1 of 4 63 Attachment T" Staff Report Associate Planner Don Dolene reviewed the applicant's request for a Type III Design Review for a 6,804 square foot pediatric clinic, and phasing plan approval for a future 1,718 square foot expansion. The property is zoned Commercial General (CG). Abutting properties are zoned Commercial Office (CO) and Industrial Park (IP). The parcel was recently partitioned to create the lot, which is located between Wellspring and Salud. The proposed development and future expansion were recommended for approval subject to a list of 13 conditions, some of which are already being addressed by the architect. Public Comment Clayton Vorse of Arbuckle- Costie Architects, the architect for the project, addressed the Commission. He agreed with the staff report, and stated that he would work to meet all conditions. There was no opponent testimony. Planning Commission Discussion Commissioner Jennings observed that the applicant's request was very straightforward, and moved to approve the DR 2010 -02; Phasing Plan 2010 -01. The motion was seconded and approved. The meeting was adjourned into a workshop at 7:18p.m. Sign Workshop Assistant City Attorney Jon Stuart gave a Power Point presentation on amortization, a program which sets a timeline to bring City signage into conformance. Most cities in Oregon, such as Portland, Salem, Eugene and Corvallis, have no amortization requirement. Keizer, Lake Oswego and Newberg use amortization as a way to bring signs into compliance. Keizer decided on a 7 year amortization plan, with an exception for signs within 5% of height and width compliance, and electronic message signs built in 2008. Lake Oswego allowed 10 years for compliance, and limited amortization to pole signs only. Newberg gave property and business owners 10 years to comply, allowed a 10% height and width exception, and offered a hardship application in regards to size, location, repair, and fitting into the neighborhood, as well as financial difficulties. Woodburn has at least 115 non - conforming signs, in a variety of types. Many pre -date the 2002 WDO, and are grandfathered in. The Planning Commission discussed the short, dual signs they saw during the recent sign tour of Woodburn. Most are attractive, and the Commissioners want them to remain, rather than amortize them into present compliance regulations. These dual signs are neither pole nor monument signs, and will be addressed in future workshop meetings. The WDO defines pole signs as being at least 8 feet tall. Planning Commission Meeting — May 27, 2010 Page 2 of 4 Attachment T" Stuart noted that amortization would give the City one more tool to regulate signs. He also pointed out several downsides, including the money that business owners would have to spend to bring their signs into compliance, the removal of attractive signs simply because they don't meet the current code, the potential for lawsuits, and the long timeline before compliance would be mandatory. Director of Economic and Development Services Jim Hendryx noted that amortization discussion and decisions are vital, since ample public notice will need to be given before any amortization program is implemented. Chairperson Bandelow was concerned about the businesses that would have a hard time financially affording all -new signage, and suggested that some sort of incentive for compliance might work better. Commissioner Jennings agreed. Hendryx felt this was a good idea that needed further refining and more detailed thought. Vice -Chair Jennings suggested checking to see if urban renewal funds might be utilized for incentive purposes. Urban renewal fiends are used to make improvements to blighted areas. Hendryx stated that he would examine the rules regulating usage of such monies, as well as checking on boundaries. Stuart remarked that the urban renewal funds are state statute regulated, and thus not free to divert to other uses. Commissioner Grigorieff felt that amortization could work well if a hardship plan was a part of the program, as in the case of Newberg. Commissioner Kenagy was against amortization, and felt an incentive plan would be more successful. The Planning Commission would need to give a "recommended text" to the City Council if they voted for amortization - specific, detailed recommendations for the Council to consider. After careful consideration, the Commissioners voted against amortization. Hendryx noted that the majority of the Planning Commission do not want to pursue amortization and so the proposed sign amendment text to the City Council will not include it. Hendryx raised the question of whether banners should to be allowed with a temporary permit; and if so, how often and for how long a time. It was decided that more research is needed to differentiate between holiday banners and commercial banners containing advertisements. Hendryx will do more research, and report back to the Commission. Feather flags were discussed, and Chairperson Bandelow observed that they have several disadvantages. They are easily inserted into the ground, so many businesses use more than the two allowed per business. They often block the line of sight, and don't meet the dimensional standard of height vs. width for flags. Therefore, they are only permitted under a temporary sign permit, and businesses using more are in violation. Planning Commission Meeting — May 27, 2010 Page 3 of 4 65 Attachment T" One possible trade -off discussed was to use more A -frame signs in place of feather flags, and do away with feather flags altogether. Hendryx introduced an e -mail from Kristi Olson with the Brice Corporation regarding the Overlay boundaries and proposed sign standard therein. As proposed, regulations in the Overlay District would allow 45 foot tall, 200 square foot area pole signs, so that they could be seen from the freeway. Under special circumstances (such as the Woodburn Company Stores' excessive street frontage) a sign's square footage can be increased to 550 square feet. Chairperson Bandelow voiced concern about the Overlay District's recommended 200 square footage, and suggested that the wording incorporate text that would keep sign height within certain limitations. Hendryx agreed to draft a memo with the above amendments to present to the Planning Commission during their next meeting on June 10"'. It was noted that Planning Commission elections do not appear to be governed by any set of rules at present. Anecdotally, it was said that in the past that a new Chairperson was nominated when the Chairperson in office left. An election was held at this meeting to appoint a Vice - Chairperson. Commissioner Grigorieff made a motion to elect Commissioner Jennings to the post. Commissioner Kenagy seconded the motion, and it was approved unanimously. ADJOURNMENT Vice - Chairperson Jennings moved to adjourn the meeting /workshop. Commissioner Grigorieff seconded the motion, which carried unanimously. The meeting was adjourned at 9:11 pm. APPROVED /0 Ellen B w, CHAIRPERSON Date ATTEST y', 1 ,dames N.P. Hendryx Economic & Development Services Director Date City of Woodburn, Oregon Planning Commission Meeting - -- May 27, 2010 Page 4 of 4 .. Attachment T" WOODBURN PLANNING COMMISSION MEETING MINUTES September 23, 2010 CONVENED: The Planning Commission met in a regular session at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. ROLL CALL: Chairperson Banelav� Present Vice - Chair` Jeriii s, ,; Present Commissioner 'Pper Present Commissioner Grgorreff "; Present Commissioner Corning Present Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Jon Stuart, Assistant City Attorney Heather Pierson, Recording Secretary Minutes A. Chairperson Bandelow announced that the City Council minutes are available on the City's website. Business from the Aud ience None. Communication None. Public Hearin A. Type III Design Review (DR 2010 -05); Type III Exception to Street Right -of -Way and Improvement Requirements (EXCP 2010 -04); Type III Variance (VAR 2010 -04). Before the hearing began, Commission Piper announced a conflict of interest and stated that he will step down from voting. Commissioner Jennings announced that he had a moral conflict of interest but it would not affect his vote, therefore he will not step down. 67 Attachment T" Staff Report Associate Planner Don Dolene presented the staff report outlining the applicant's request for a Design Review for a 5,600 square foot enclosure over existing and new liquid storage tanks, an Exception to Street Right -of -Way and Improvement Requirements for Hardcastle Avenue, and a Variance for building setback and wall requirements. The property is zoned Light Industrial (IL). Abutting properties are zoned Light Industrial (IL) and Residential Single Family (RS). The existing tanks were established under Site Plan Review 1990 -05, The Planning Commission recommends approval of cases DR 2010 -05, EXCP 2010 -04 VAR 2010 -04, subject to conditions of approval, that the property owner shall execute an acceptance of these conditions of approval. The property shall be developed in substantial conformity to the preliminary plans, except as modified by these conditions of approval. The property owner shall record a legal document dedicating 16 feet additional right -of -way on the north side of Hardcastle Avenue. The property owner shall provide one van accessible parking space in accordance with ORS 447.233 (2) (a) through (c), either on the subject property or on an adjacent property through a joint -use parking agreement pursuant to Section 3.105.02.I and the property owner shall delineate the parking spaces with double parallel lines, in accordance with Section 3.105.02H.5. Prior to issuance of a building permit for the proposed structure, the property owners shall demonstrate compliance with the outdoor lighting guidelines of Section 3.107.08.13.3. In addition, the property owner shall enter into a non - remonstrance agreement with the City to participate in future street improvements to Hardcastle Avenue. Chairperson Bandelow asked the applicant and consulting engineer, William Pease, to come forward. Mr. Pease stated that they have no issues with the conditions of approval and that he, Scott Gorik, the local manager, and Eric Jenks of Wilbur -Ellis are available if there are any questions. Chairperson Bandelow asked the Commission if they had. any questions; there were none. Public Comment There was no public comment in favor or opposed to this application. Planning Commission Discussion Commissioner Jennings stated that he supports this proposition. Commissioner Grigorieff agreed with Commissioner Jennings. The discussion ended, and Commissioner Jennings made a motion to approve the Type III DR 2010 -05; Exception 2010 -04; and the Variance 2010 -04, Commissioner Grigorieff seconded the motion. Roll Call Bandelow Yes Jennings Yes Grigorieff Yes Piper Abstained Corning Yes P] .: Attachment T" The motion was passed with a 4 -0 vote. The Final Order will be prepared for the next Planning Commission meeting on October 14, 2010, B. Type V Legislative Amendment (LA 2010 -01) - Revise the City's sign regulations. Staff report Jim Hendryx, Director of Economic and Development services for the City of Woodburn, gave a PowerPoint presentation on signage beginning with the different types of signage, such as poles signs, monuments signs, and temporary signs. Hendryx went over the current sign regulations and the proposed sign regulations. Some of the highlights of the proposed revisions are: Simplifying the standards by having standardized heights for freestanding signs, allowing combined signage on larger sites, simplifying text language, replacing text with understandable tables, eliminating the distinction between frontage for wall signs and allowing larger wall signs on buildings further from rights -of -way. The proposed revision will also simplify the process by eliminating Type 11 administrative reviews, allow electronic changeable -copy signs, and allows minor sign modifications to non - conforming signs without total conformance. Commissioner Jennings noted that by state law sign content cannot be regulated. Public Comment Teri Sunderland, 4763 SE Logus, Milwaukie was on the Sign Focus Committee and spoke of the process the committee took to come up with the changes favorable for everyone. Commissioner Jennings asked Teri if she believes the committee made the grade by making the language easy to understand. Teri Sunderland answered yes, it can easily reach anyone. Melissa Hayden, of 6600 SE Division, Portland, works for Security Signs and was also on the Sign Focus Committee. She spoke about the process to come up with the new revisions and agreed that the language was non - complicated. In favor of the sign amendment: Dave Christoff, 671 Ironwood Terrace, Woodburn, stated that he is in favor of the sign revisions, but he would like to see more signs for other parts of the City, like Senior Estates. He also felt that homeowners who maintain the planter strip in the right -of -way should have the right to place signs there. Commissioner Jennings wanted to let Mr. Christoff know that he argued the same point to the City Council and was told the Council would take it on at a later date. .• Attachment "C" Ken Hector, 310 Apple Avenue, Silverton, stated that commends the Committee and Commission for taking thi signs in residential areas are limited to two signs. He reconsider that provision, he works for Wellsprings and s on. He asked why temporary would like the Commission to Chairperson Bandelow stated that they were unable to come to a consensus on the issue of temporary signs in residential areas and that the difficulty was that they had to be content neutral. Ken Hector stated that Silverton has time frames that allow for more temporary signs during certain parts of the year. Kevin Baker, 8409 Crosby Rd. NE, Woodburn, supports the sign revisions but has one concern about the electronic reader board 8 -20 second hold. He wanted to see if they could reevaluate the 8 -20 second hold in the Freeway Interchange district. Chairperson Bandelow said that since the sign is up now it would not need to come in to compliance. Mr. Baker stated that if the I -5 Interchange goes in, he may have to take down his sign and then it would need to be in compliance when he puts the sign back up. Chairperson Bandelow stated that he could get a variance. Commissioner Piper asked if he wanted a longer hold time and was told by Mr. Baker he would like a shorter hold time. Jon Lotus, 862 Cummings Lane, Keizer, asked for clarification on repair and maintenance for non - conforming signs. He wanted to know if repair and maintenance could cause a situation that would force compliance. Jim Hendryx answered that the typical repair and maintenance would not force compliance. Mr. Lotus asked if pole signs were allowed on 99E and was told by Hendryx that they are allowed to be 20' high. Virginia Logan, 950 Evergreen Rd. Woodburn, wanted to know if Walgreen's is allowed to erect a 40' foot sign, and Jim Hendryx answered that since Walgreen's is outside of the Freeway District, the sign could only be 20' tall. She also asked if a 90 unit condominium could have two flags per unit and Jim Hendryx answered that two flags per property is the maximum allowed. Melissa Hayden, 6600 SE Division, PDX, said she thought that they should reconsider the requirement that the pole base be 30% of the head, since this would result in huge pillars on the bigger signs. She also suggested that the internal illumination go from 3,000 nits to 5,000 nits. IN 70 Attachment "C" In opposition to the sign amendment: Gary Stanford, 387 5 I St., Woodburn, is glad that they are making it easier for businesses to advertise and is not sure why feather signs were being banned. Chairperson Bandelow answered that they were banned because they are so easily moved and are extremely difficult to regulate and keep in conformance. Mel Schmidt, 840 Hermiston St, Woodburn, stated that he is not opposed to the sign revisions but believes that the United States flag should be exempt and that every person should be allowed to fly their flags. Commissioner Jennings agreed. The Public Hearing was closed at 7;22 pm. Planning Commission Discussion Commissioner Jennings stated that if Senior Estates is allowed to have signs in the right-of- way, then it should apply to all RS zones. He also stated that the Planning Department should reconsider the number of signs people can put in their yard and have a time frame during which more are allowed. He will vote yes to approve as written. Jim Hendryx summarized the points that were made during the meeting, which included allowing RS zones to have signs in the right -of -way, allowing more temporary signs in residential areas during certain times of the year, increasing the hold time for electronic signs, requiring pole sign bases to equal 30% of the sign box, and having illumination on the signs. After some discussion, the Commission requested that staff come back with recommended revisions for temporary signs to be allowed in residential zones at certain times of the year, to allow all RS zones to have signs in the right -of -way, to change the hold time to 4 seconds on electronic signs in the freeway zone, and to require a 30% base -to- sign -box ratio for pole signs. Commissioner Jennings moved to continue this until the October 14, 2010 meeting and have staff report back on these revisions; Commissioner Piper seconded the motion. All were in favor. Jim Hendryx stated that there will be a land use matter at the next meeting. Commissioner Jennings wants staff to find a way to send out the Measure 56 letter that includes a more complete explanation of the issues. He felt the last letter confused people. 71 Attachment "C" Items for Action None Reports None Business from the Commission None Adiournment Vice -Chair Jennings moved to adjourn the meeting. Commissioner Piper seconded the motion, which carried unanimously. The meeting was adjourned at 9.05 pm. APPROVED Ellen andelow, IAIRPERSON ATTEST James N.P. Hendi Economic & Development Services Director City of Woodburn, Oregon Date Jo /S Date 72 Attachment "C" WOODBURN PLANNING COMMISSION MEETING MINUTES October 14, 2010 CONVENED: The Planning Commission met in a regular session at 7:00 p.m. in the City Hall Council Chambers with Chairperson Bandelow presiding. ROLL CALL: Chairperson Bandelow , Present Vice - Chairperson 4erings Present Commissioner Corning Present Commissioner Grigaraef# Present Commissioner sent Staff Present Jim Hendryx, Director of Economic and Development Services Don Dolenc, Associate Planner Vicki Musser, Administrative Assistant Minutes A. Woodburn Planning Commission Meeting Minutes of September 23, 2010 Commissioner Jennings moved to accept the minutes as written, and Commissioner Grigorieff seconded the motion. The motion was carried unanimously. Business From The Audience There was none. Communication An e -mail from Commissioner Charles Piper in support of LA 2010 -01 and a letter from Larry Kleinman in support of SUB 2010 -02; EXCP 2010 -05 was entered into the record. Public Hearing Associate Planner Don Dolenc presented a staff report about the proposed project SUB 2010 -02; EXCP 2010 -05, Toran Meadows, located at 1700 Laurel Avenue. The property is located between Landau. Drive and Laurel Avenue. The applicant has requested approval of a subdivision of four lots, as well as an Exception to Street Rights -of -Way and Improvement Requirements for Laurel Avenue and Landau Drive to defer installation of improvement to the rights -of -way. Originally, the applicant requested a Zoning Adjustment from the minimum lot area requirement, but after discussion with the Public Works Department, it was determined that the Zoning Adjustment was not required. Planning Commission Meeting — October 14, 2010 Page 1 of 4 73 Attachment T" All property is zoned Residential Single Family (RS). Currently the property is developed with a manufactured dwelling, which would ultimately be removed. Dolenc asked that a letter of support from Larry Kleinman for this proposal be admitted into the record. The Planning Department recommends approval, subject to the following conditions: • The property owner shall dedicate 5 feet to right -of -way on Laurel Avenue and 23.5 feet to right -of -way on Landau Drive. • The applicant shall identify the location of at least four small trees, three medium trees, or two large trees (as described in Section 6.103) on each street frontage, and specify the species to be planted. The trees shall be planted prior to final occupancy of each lot. • The property owner shall construct a 5 foot sidewalk along the entire frontage of the subject property on Laurel Avenue. • The property owner shall improve Landau Drive by widening the existing pavement to provide two 10 foot travel lanes, providing (on the north) one 7 foot parking lane, curb, and 5 foot sidewalk along the entire frontage of the subject property, and providing a safe transition to the existing improvements. The transition shall be located on abutting tax lot 051 W 17BD02000. • The property owner shall enter into a non - remonstrance agreement with the City to participate in future street improvements to Laurel Avenue and Landau Drive. • The property owner shall provide documentation acceptable to the City Attorney that the area shown as a "private access and utility easement" on the adjacent property to the west is available for use as an emergency vehicle access for the proposed lots. Public Comments Chairperson Bandelow asked for public comments. Nick Toran, 432 Paulus Ct, spoke in support of the proposal. He said that the applicant's goal is to build quality houses. He is planning to live in one of the houses himself. Planning- Commission Discussion Commissioner Jennings noted that the applicant's requests are simple and will improve Landau Drive. He made a motion to approve 2010 -02; EXCP 2010 -05. Commissioner Grigorieff seconded the motion. Vote: Grigorieff: Yes Corning: Yes Bandelow: Yes Jennings: Yes The vote was unanimously approved. Planning Commission Meeting — October 14, 2010 Page 2 of 4 74 Attachment "C" Commissioner Jennings moved to authorize Chairperson Bandelow to sign the Final Order on this case. Commissioner Grigorieff seconded the motion, and it was unanimously approved. Staff Report LA 2010 -01, a proposal for revision to the sign ordinance in the WDO, was reviewed. Economic and Development Services Director Jim Hendryx discussed a memorandum he had compiled to address four issues raised by the Planning Commission at the last meeting. The four issues were: 1. The number of temporary signs allowed before and following elections 2. Further detail about temporary signs in the public rights -of -way in the Single Family Residential (RS) zone 3. The hold time for electronic signs 4. The requirement for a 30% pole wrap for free - standing signs After some discussion on each issue, the Planning Commission stated that they felt Hendryx had completely addressed their original request for more detail on the listed items, and agreed to incorporate his suggested solutions. Commissioner Piper, who was absent due to a prior commitment, sent a letter in support of the sign ordinance revision, which was admitted into the record. The Commissioners agreed with Hendryx's advice to keep monument and pole signs prohibited on the same site. e changed slightly in the The Planning Commission voted on the sign ordinance proposals, with incorporation of the four issues discussed in the memorandum: Vote: Grigorieff. Yes Corning: Yes Bandelow: Yes Jennings: Yes The vote was unanimously approved. The sign revision recommendations are scheduled to go before the City Council on Monday, November 8 The memorandum will accompany the staff report taken to Council, so there is no need for any member of the Planning Commission to testify on behalf of the changes. Hendryx will go over all the recommendations with the Council. Following City Council approval, the ordinance will become law after 30 days. Commissioner Jennings expressed gratitude, on behalf of the Planning Commission and staff, to the Sign Focus Group Committee for all their hard work. Planning Commission Meeting — October 14, 2010 Page 3 of 4 75 Attachment "C" Items For Action Comissioner Jennings made a motion to approve and sign Final Order 2010 -05; EXCP 2010 -04; Var 2010 -04; Woodburn Fertilizer. Commissioner Grigorieff seconded the motion. Hendryx suggested that a member of the Planning Commission be appointed to the 99E Corridor Study. Commissioner Jennings volunteered, and was accepted. Adjournment: Chairperson Bandelow made a motion to adjourn the meeting. Commissioner Jennings seconded the motion, and the meeting was adjourned at 7:50pm. APPROVED ATTEST Ellen Bandelow, CHAIRPERSON James N.P. Hendryx Economic & Development Services Director City of Woodburn, Oregon Date Date Planning Commission Meeting — October 14, 2010 Page 4 of 4 76 W UU UB �UJI N November 8, 2010 TO: Honorable Mayor and City Council through City Administrator FROM: Dan Brown, Publics Works Director SUBJECT: CONDUCT PUBLIC HEARING FOR CONSIDERATION OF ADOPTION OF THE TRANSIT PLAN UPDATE RECOMMENDATION That Council conduct a Public Hearing and adopt the Transit Plan Update by passage of the attached resolution. BACKGROUND The City has completed preparation of the Transit Plan Update (Plan) and the Final Draft has been presented to the public for review and comment. A Public Hearing is being held to conclude the public involvement effort associated with the Plan preparation. Upon conclusion of the Public Hearing, staff is seeking Council approval of the Plan by adoption of the attached resolution. The Council was briefed on the content of the Plan on June 28, 2010 and September 27, 2010. City staff has conducted several open houses, user focus group meetings, stakeholder meetings, and public surveys to support the findings presented in the Plan. City staff has provided presentations to service organizations within the community discussing public transportation and the function of the Plan in formulating public policy on the future direction of public transportation in Woodburn. DISCUSSION Council approval of the Transit Plan Update is essential to the City's ability to compete for state and federal funding to provide public transportation in Woodburn. Because public transportation is a heavily subsidized from local, state, and federal funds, the actual level of service provided is dependent upon the level of funding received. The Plan has been prepared in a manner that provides options to achieve a various levels of service based upon community goals and funding provided. Staff recognized that the Plan would not be a Agenda Item Review: City Administrator _x_ City Attorney _x Finance —x- 77 Mayor and City Council November 8, 2010 Page 2 meaningful management tool if it did not recognize that funding sources will fluctuate and that local contribution will be determined annually through the City's budgetary process. Therefore, additional effort was made to create a document that provides options of service levels based upon the level of funding for the program that is provided. The Plan is intended to be a working document to assist in making difficult budget decisions as the program competes with other essential programs. The Plan has provided the public and Council an in -depth audit of our current operations and level of service provided. This base line of existing operational efficiency and level of service provided is necessary to assess how current funding levels are being expended. It also intended to demonstrate that providing public transportation is expensive and how heavily subsidized the program is. The assessment of the current program also provides detailed information on the limitations of existing services being provided. The Staff has strived to ensure the Plan provides an accurate assessment of our current public transportation program. The Plan has attempted to provide a good sampling of community views on public transportation. This Public Hearing is the final step in this public outreach effort. This information is presented to assist the Council in determining an appropriate and affordable level of service for public transportation in Woodburn. The Plan provides a beneficial educational resource for our community. Like many other public services provided, the details associated with public transportation are not well understood. The Plan has attempted to provide a comprehensive accounting of an expensive and heavily subsidized program. The Plan identifies and prioritizes projects that would enhance the level of service currently being provided. The inclusion of cost estimates for projects or modifications to operations allows Council to perform a cost to benefit assessment when determining policies affecting public transportation. FINANCIAL IMPACT The Transit Plan Update is funded by the American Recovery and Reinvestment Act (ARRA) of 2009 through the Oregon Department of Transportation, Public Transit Department. The level of service and future initiatives associated with public transportation in Woodburn will be provided through the annual budget process. 78 Mayor and City Council November 8, 2010 Page 3 ATTACHMENTS A copy of the Transit Plan Update Final Draft has been provided in both electronic and printed copy format to Council. See Resolution below. 79 COUNCIL BILL NO. 2845 RESOLUTION NO. 1980 A RESOLUTION ADOPTING THE TRANSIT PLAN UPDATE AFTER A PUBLIC HEARING OF THE CITY COUNCIL WHEREAS, staff of the City of Woodburn has completed preparation of a Transit Plan Update at the direction of the Woodburn City Council; and WHEREAS, staff has engaged in a public outreach process that included transit user group meetings, stakeholder meetings, open houses, public surveys, and a public hearing in preparation of the Transit Plan Update; and WHEREAS, the Woodburn City Council has been briefed by staff on June 28, 2010 and September 27, 2010 of the findings and content within the Transit Plan Update; and WHEREAS, the City Council has conducted a Public Hearing on November 8, 2010 and wants to adopt the Transit Plan Update by resolution; NOW THEREFORE: THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Transit Plan Update, which is incorporated in its entirety by this reference, is hereby adopted. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Page 1 - Council Bill No. 2845 Resolution No. 1980 :l ATTEST: Christina Shearer, City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2845 Resolution No. 1980 81 WD November 8, 2010 TO: Honorable Mayor and Council FROM: Scott C. Derickson, City Administrator SUBJECT: Budget Transfer for Professional Assistance from Winterbrook Planning RECOMMENDATION Adopt the attached resolution authorizing a budget transfer from General Fund Contingency to the General Fund Non - departmental Materials and Services for the purpose of contracting professional services. BACKGROUND On September 8, 2010, the Oregon Court of Appeals issued its ruling in the Woodburn Urban Growth Boundary (UGB) case sending the case back to the Land Conservation and Development Commission (LCDC) for more work. Specifically, LCDC needs to make better findings justifying why it approved Woodburn's new Urban Growth Boundary. On September 15, Bob, Jim Hendryx and I met with Richard Whitman, the Director of the Department of Land Conservation and Development (DLCD) and his key staff to discuss the Urban Growth Boundary (UGB) case. He seems to have taken a personal interest in Woodburn's case and asked us what the City wanted to do. We told him that, if possible, the City wanted the Commission to make new findings that addressed the concerns of the Court. He was responsive to this and DLCD's staff is currently in the process of rewriting LCDC's findings for its meeting in early December. DISCUSSION Amending the UGB in Oregon is an extraordinarily complicated process that requires the collection and analysis of a huge amount of land use data. In the case of the Woodburn UGB, many of you will recall that the City hired Greg Winterowd of Winterbrook Planning to provide this technical expertise. Greg has Agenda Item Review: City Administrator _x City Attorney _x Finance 82 Honorable Mayor and City Council November 8, 2010 Page 2 worked extensively on this case and generated many of the key documents necessary to justify the UGB amendment. DLCD has now reached a point in rewriting its findings where it too needs the assistance of Greg Winterowd to complete its work. Since the matter is extremely time sensitive (i.e., LCDC plans to hear this matter the first week of December), I exercised my authority as City Administrator to enter into a contract with Winterbrook Planning, not to exceed $5000, for the purpose of providing assistance. Specifically, Winterbrook will do the following: Task 1: Winterbrook will contact DLCD staff to clarify what informational needs DLCD has with the record for Woodburn's UGB decision. Winterbrook will assist DLCD in determining where in the record this information can be found. Winterbrook can assist DLCD in identifying information gaps in DLCD's draft findings. Task 2: Winterbrook will review existing background studies and the UGB Justification Report to explain how the City determined the capacity of the existing UGB to meet identified employment site needs; Winterbrook will also explain how approximately 80 acres of identified need could be met within the existing UGB, leaving approximately 407 acres of unmet need outside the UGB. Task 3: Winterbrook may assist DLCD staff in explaining how identified site requirements for targeted industries led to the conclusion that most site needs must be met on large, flat sites with direct 1 -5 access. Task 4: Following Director Whitman's review of the draft findings, with Woodburn's approval, Winterbrook will conduct additional record research and analysis as needed to address his concerns and clarify DLCD's draft findings. Task 5: Winterbrook will review and comment on the draft findings and staff report released by DLCD and, working with City staff, may participate in the drafting of clarifications to the DLCD staff report and findings. Task 6: Winterbrook may participate in the hearing before LCDC in Salem, depending on available funds and direction by the City. FINANCIAL IMPACT The actual cost to the City will not exceed $5000 and the funds will come from General Fund Contingency. 83 COUNCIL BILL NO. 2846 RESOLUTION NO. 1981 A RESOLUTION AUTHORIZING THE BUDGET TRANSFER FROM THE GENERAL FUND CONTINGENCY TO THE GENERAL FUND NONDEPARTMENTAL MATERIALS AND SERVICES FOR THE PURPOSE OF CONTRACTING PROFESSIONAL SERVICES. WHEREAS, the City Council previously utilized a professional consultant for planning issues related to the expansion of the current urban growth boundary, and WHEREAS, the City Council desires to contract with the consultant for additional professional services totaling $5,000, and WHEREAS, the amount was not appropriated in the adopted 2010-2011 Budget, and WHEREAS, ORS 294.450(2) - Contingency Transfers - allows the transfer of contingency of up to 15% of the total fund appropriation, and WHEREAS, this transfer does not exceed that 15% limit; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council authorizes the transfer of contingency in the amount of $5,000 from the General Fund - Contingency to the General Fund Non - departmental - Materials and Services. Approved as to Form: City Attorney Date APPROVED: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Christina Shearer, Recorder City of Woodburn, Oregon Page 1 — COUNCIL BILL NO. 2846 RESOLUTION NO. 1981 W UU UB �UJI N November 8, 2010 TO: Honorable Mayor and City Council in capacity as Local Contract Review Board FROM: Dan Brown, Public Works Director SUBJECT: PROFESSIONAL SERVICES CONTRACT AWARD DECA ARCHITECTURE INC. FOR ARCHITECT /ENGINEER AND RELATED SERVICES RECOMMENDATION That the City Council, acting in its capacity as the Local Contract Review Board, award an indefinite delivery/indefinite quantity professional services contract for Architect /Engineer and Related Services to the firm Deca Architecture, Inc. BACKGROUND The City of Woodburn has identified the need to retain the Architect /Engineer Professional Services for assistance in facilities related projects. City staff issued a Request for Proposal and through a qualification based process, selected the firm Deca Architecture Inc. The professional services contract is an indefinite delivery/indefinite quantity contract. Services will be utilized for specific facilities oriented projects. Potential projects include life /safety, space utilization, and rehabilitation of City owned or privately owned facilities using Urban Renewal Area funding. DISCUSSION The professional services contract is intended to supplement City staff in the execution of facilities oriented projects. This expertise and capacity does not currently exist among City staff. Due to the infrequent need for these professional services, it is not cost effective for the City to retain these specialties on staff. Having completed a competitive and qualification based selection process to identify a firm to provide facilities oriented expertise, the City can be more response to addressing facilities needs, better plan for facilities utilization, and have better project estimates for future facilities oriented projects. A total of 16 firms submitted proposals. A selection panel was established to review the Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance —x- 85 Honorable Mayor and City Council November 8, 2010 Page 2 proposals and rank them. Deca Architecture inc. was the unanimous first choice of the panel members. The final ranking of the 16 firms is listed below: Firm Score 1. Deca Architecture, Inc. 87 2. Merryman Barnes Architects, Inc. 85 3. Carlson Veit Architects 82 4. Soderstrom Architects PC 76 5. LRS Architects 75 6. Scott / Edwards Architecture, LLC 75 7. Waterleaf Architecture 74 8. LGA Architecture 74 9. SRM Architecture and Marketing 74 10. Arbuckle Costic Architects Inc. 74 1 1.Group MacKenzie 72 12. Lundin Cole Architects, PC 71 13. Nye Architecture, LLC 71 14.Studio 3 Architecture Inc. 68 15. RSS Architecture, PC 67 16. Green Works PC 49 This contract is for one year with the option to extend for up to two additional years. FINANCIAL IMPACT The professional services needed will be obtained through a project specific Basic Ordering Agreement with Deca Architecture Inc. Basic Order Agreements will be restricted to less than $250,000 per project. Professional services obtained for facilities maintenance related projects will be funded through Public Works professional services expenditures and will also be awarded under a Basic Ordering Agreement. .. W UU UB �UJI N November 8, 2010 TO: Honorable Mayor and City Council via the City Administrator FROM: Dan Brown, Public Works Director SUBJECT: UNION PACIFIC PETITION TO CLOSE THE MILL STREET CROSSING RECOMMENDATION That the City Council authorize the City Administrator to contest the proposed closure of the Mill Street railroad crossing. BACKGROUND Union Pacific Railroad has submitted to the Oregon Department of Transportation (ODOT) Rail Division a Public Crossing Safety Application to close the Mill Street crossing. ODOT Rail Division has the authority under the Oregon Revised Statutes to close public crossings that pose a threat to public safety. ODOT Rail has provided the City of Woodburn until November 22, 2010 to comment on the proposed closing of the Mill Street crossing. Wilbur Ellis (Woodburn Fertilizer) is the sole benefiting business entity of the Mill Street crossing and will provide the City a letter outlining their objections to the proposed closure. City staff conducted a meeting with the Wilbur Ellis management to review the potential operational impacts of the proposed Mill Street closure and site limitations restricting truck movements that would mitigate the railroad crossing closure. DISCUSSION Railroad officials have approached the City on multiple occasions to eliminate the Mill Street grade crossing for public safety reasons. Most recently was during the City's application for crossing orders from ODOT Rail to allow construction of the Front Street Improvement project. Staff rejected the request to close Mill Street and subsequently experienced excessive delays and difficulties in obtaining the needed crossing orders to proceed with construction of the Front Street project. Agenda Item Review: City Administrator _x_ City Attorney _x_ Finance 87 Honorable Mayor and City Council November 8, 2010 Page 2 The Mill Street crossing was established before the state began regulating grade crossings. The crossing was grandfathered as a public crossing when the state began regulating grade crossings. The Mill Street crossing would not be approved as a public grade crossing under current standards. ODOT Rail has established a position that the Mill Street crossing provides a limited and unsafe access to a business. However, since the Mill Street crossing is cataloged as a public crossing, crossing number of C- 735.45 and C- 735.45 -C (spur crossing), the impacted jurisdiction is provided the opportunity to comment on the proposed crossing closure. It is the ODOT Rail Division's preference that the Union Pacific Railroad and City of Woodburn agree to the closure of the crossing. However, should Union Pacific and the City of Woodburn not agree on this proposed grade crossing closing, it will eventually submit the closure to an Administrative Law Judge for final ruling. FINANCIAL IMPACT Closure will have a financial impact on Wilbur Ellis in that accommodation of truck movements on site will entail reconfiguration of loading and unloading operations. Under Oregon Administrative Rules, Union Pacific is financially responsible for the cost of elimination of the grade crossing in their right of way and local jurisdiction is responsible for maintaining or modifying the jurisdiction right of way approaching the grade crossing. .: