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Agenda - 09/27/2004 WOODBURN CITY COUNCIL AGENDA SEPTEMBER 27, 2004 - 7:00 P.M. 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Woodburn's Fall Cleanup will be held on October 9, 2004. 1 Participants will meet at the Woodburn High School front entrance parking lot at 8:30 a.m. B. The Woodburn Fire Department Open House/Safety Fair will be held on October 9, 2004, from 11 :00 a.m. to 3:00 p.m. at the Fire Department on Newberg Highway. c. Wal-Mart will conduct a Women's Health Fair on October 8 and 9, 2004 from 11 :00 a.m. to 4:00 p.m. D. Public Works Week will be observed October 11-15, 2004. 2 E. A public hearing to consider the annexation of 3.1 acres of land and a zone change from UTF to RS on property located at 515 Settlemier Avenue, City of Woodburn applicant. will be held on October 11, 2004. Appointments: F. Brad Hutchison, Recreation and Parks Board 3 "Habra interpretes ~isponibles para aquellas personas que no bablan Ingles, previo acuer~o. Comuniquese al (503) 980-2485." September 27, 2004 Council Agenda Pagei .... _.._..__...~_,._____".,..<..._~~.~_.___ '0... _"'~~_'_'_'_'__'__~__""'_ ._.____.___,_.__"_~______. - . --r 4. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Public Works Week 4 B. Disability Employment Awareness Month - October 2004 5 C. Woodburn Fall Cleanup Month 6 Presentations: D. Friends of the Woodburn Public Library Report on Music in the Park E. New Permit Requirements for Wastewater Pollution Discharge F. status Report on Sign Ordinance Enforcement 7 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association 6. COMMUNICATIONS None. 7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 8. CONSENT AGENDA -Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of September 13, 2004, regular 10 and executive sessions Recommended Action: Approve the Woodburn City Council minutes. B. Woodburn Public Library Board minutes of September 8, 2004 23 Recommended Action: Accept the minutes. C. Woodburn Recreation and Parks Board draft minutes of 27 September 14, 2004 Recommended Action: Accept the draft minutes. September 27, 2004 Council Agenda Pageii T- . '" . " D. Claims for August 2004. Recommended Action: Accept the report. 29 E. Police Department Statistics - July 2004 Recommended Action: Accept the report. 35 F. Woodburn Memorial Aquatic Center Revenue Comparison Recommended Action: Accept the report. 42 G. Feasibility Application for the Development of Ray and Joan 43 Kroc Corps Community Center Recommended Action: Accept the report. H. Fall Leaf Collection Program Recommended Action: Information only. 46 I. Information on Ballot Measure 37 Recommended Action: Information only. 48 9. TABLED BUSINESS None. 10. PUBLIC HEARINGS A. Northwest Natural Franchise 51 Recommended Action: Continue the public hearing regarding Northwest Natural Gas Company's franchise agreement until the Council's regular meeting of October 25, 2004. B. Appeal of Variance Case File No. 04-10 located at 2875 52 Newberg Highway Recommended Action: Concur with the Planning Commission's decision of denial of Variance Case File No. 04- 10, modify the Planning Commission's decision, or approve Variance Case File No. 04-10 and instruct staff to prepare an ordinance to substantiate its decision. September 27, 2004 Council Agenda Pageiii 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. City Administrator Employment Agreement 55 Recommended Action: Approve. and authorize the Mayor to execute. an Employment Agreement with John C. Brown. B. Council Bill No. 2530 - Ordinance amending Ordinance No. 63 2133, the Northwest Natural Gas Company Franchise, to extend said ordinance until November 15, 2004 and declaring an emergency Recommended Action: Adopt the ordinance. C. Council Bill No. 2531 - Resolution establishing employee 67 compensation Including salary and benefits Recommended Action: Adopt the resolution. D. Council Bill No. 2532 - Resolution directing that stop signs be 72 Installed on Meridian Court and Meridian Drive at the intersection of Hazelnut Drive Recommended Action: Adopt the resolution. E. Council Bill No. 2533 - Resolution directing that stop signs be 75 installed on Cozy Way, North Court and Maplewood Court where they Intersect with West Lincoln Street Recommended Action: Adopt the resolution. F. Liquor License Change of Ownership 78 Recommended Action: Recommend that the Oregon Liquor Control Commission approve a change of ownership application for EI Armadillo Loco (formerly Taqueria Arandas). G. Consultant Selection for Wastewater Treatment Plant Outfall 82 Mixing Zone Study Recommended Action: Select Vigil Agrims Inc. to perform the Wastewater Treatment Plant Outfall Mixing Zone Study and authorize the City Administrator to sign a professional services agreement with Vigil Agrims Inc. 12. NEW BUSINESS September 27. 2004 Council Agenda Page iv 13. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. A. None. 14. CITY ADMINISTRATOR'S REPORT 15. MAYOR AND COUNCIL REPORTS 16. EXECUTIVE SESSION A. To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (1 )(h). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1) (f). 17. ADJOURNMENT September 27, 2004 Council Agenda Page v T. ~_.._.~...+_......"......._..- < ...~-_.-..- "111 'I 3A @ THE WOODBURN LIVABILITY TASK FORCE, SOLV, WOODBURN KIWANIS, WOODBURN HIGH SCHOOL KEY CLUB, WOODBURN DOWNTOWN ASSOCIATION, WOODBURN PUBLIC WORKS, AND UNITED DISPOSAL PRESENT 71-fE 1-lNN111-lt. ~1-lt.t. Ct.~1-lN 11P OC7013~1(9f 2004 PLEASE BRING YOUR FRIENDS, FAMILY, AND NEIGHBORS TO JOIN US WHILE WE CLEAN UP WOODBURN1S ROADS, FIELDS, AND PUBLIC ~PACES. TOGETHER LET'S MAKE WOODBURN A BETTER PLACE TO LIVE! where: Wooe{burn :ffi'h- Sc.h-oot, Front J;.ntrp.,nc.e. ?p.,rkin, .Lot ril'n-e: F:?O 70 aM Wh-~t: 7rMh. J'ic.k.-lAJ' -- hin~ stlAr~1f ~tl7lle.s, SMe.S, "'-n~ ~re.ss fl7r we."'-tft.e.r. [<.e.jre.sh.~e.nts witt 'Pe. J'rl7lli~e.~. FOR MORE INFORMATION ABOUT PARTICIPATING PL.EASE CONTACT PETE MCCAL.L.UM (503)982- 5741, MATT SMITH (503)982-5228, 0 EN E5PANOL., JAVIER PERFECTO (503)980-2485 1 r .. -.,. ,.--. ..".. ." I 3D WOODBURN PUBLIC WORKS DEPARTMENT PUBLIC WORKS WEEK ACTIVITIES RMATION October 11-15, 2004 INFO "FOCUSED ON OUR COMMUNITY" Pre-Public Works Week (P.W. Emolovees Saturdav Volunteer Pro;ect): Oct. 9 - Planting of trees in selected islands of the newly upgraded school parking lot on Boones Ferry Road in mid- morning. Also, collection and disposal of trash bags from city wide cleanup by community volunteers. Mondav. October 11 - KICK OFF 9:00 a.m. -Ribbon Cutting by Mayor Figley for bus/van service celebrating the 26th Anniversary of Woodburn Transportation Services. Woodburn Transit bus and Dial-a-Ride van service will be free to customers during this week. Tuesdav. October 12 10:00 a.m. - Appreciation of Support Services (9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service) Wednesday. October 13 11:00 a.m. - Mayor Figley will start the new water well on Settlemier Avenue, placing it in regular service of City's water system serving the residents. , 2:00 D.m. - TOUR OF OTHER PROJECTS: Park Maintenance: Old parks with changing service need, a visit to Settlemier and Legion Parks. Street - Boones Ferry Road reconstruction and sidewalk projects and various recently completed resurfacing projects. WWTP - Poplar tree reuse system and observation of a few maintenance activities of this large mechanical plant Engineering - Input and brief interaction with engineering staff on design options for W. HayesfSettlemier intersection (9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service) Thursday. October 14 12:00 Noon - PUBLIC WORKS EMPLOYEES APPRECIATION CEREMONY with picnic lunch. Award the Public Works Employee of the Year 2004 will be made at Legion Park Covered Area (9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service) Fridav. October 15 (9:00 a.m. - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service) 2 r - ----- -,'-'-.-...- ., ~-"'-'-,r-_._"--"---"'--"------"--"---""---_.',-,.-.--. 1'1 I ---,.. ~~(~A> ~ WOQDBU~N I " .. " r I' .' r II I ~ d I 8 S 1/ 3F ~~ . . September 24, 2004 FROM: City Council -A_ Kathy Figley, Mayor'& T Board Appointment TO: SUBJECT: The following board appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to Council Meeting Monday, September 27, 2004. No reply is required if you approve of my decision. RECREATION AND PARKS BOARD Position I - Brad Hutchison - term ends 12/31/04 3 r -- ___~._~_"u.__..~._...~_.,..".. ,.,_.,."_..-..,.,.~ -- _...--.- _..._,..__.~-----~----- 111 I 4A PROCLAMATION Pt1Buc WORKS WEEK 2004 IN WOODBURN WHElU!AS, PUBLIC WORKS SERVICES PROVIDED IN OUR COMMUNITY ARE AN INTEGRAL AND NECESSARY PART OF OUR crnZENS' EVERYDAY LIVES; AND WHElU!AS, THE HEALTH, SAFETY, COMFORT AND ECONOMIC VITALITY OF THIS COMMUNITY GREATIY DEPENDS ON THE FACILrnES AND SERVICES SUCH AS WATER, WASTEWATER COLLECTION AND DISPOSAL, TRANSPORTATION, STREET, BUILDING AND PARKS MAINTENANCE, ETC. AND WHElU!AS, THE QUALITY AND EFFECTIVENESS OF THESE FACILrnES, AS WELL AS THEIR PLANNING, DESIGN, AND CONSTRUCTION ARE VITAllY DEPENDENT UPON THE EFFORTS AND SKILLS OF THE PUBLIC WORKS OFFICIALS; AND WHElU!AS, THE EFFICIENCY OF THE QUALIFIED AND DEDICATED PERSONNEL WHO STAFF PUBLIC WORKS DEPARTMENTS ARE MATERIALLY INFLUENCED BY THE PEOPLE'S ATTITUDE AND UNDERSTANDING OF THE IMPORTANCE OF THE WORK THEY PERFORM; NOW lHEREFORE, BE IT RESOLVED, THAT I, KATHY FIGLEY, MAYOR OF THE CITY OF WOODBURN, OREGON, DO HEREBY PROCLAIM OCTOBER 11-15, 2004 AS "PUBLIC WORKS WEEK" IN WOODBURN, OREGON, AND CALL UPON All crnZENS AND CIVIL ORGANIZATIONS TO ACQUAINT THEMSELVES WITH THE PROBLEMS INVOLVED IN PROVIDING OUR PUBLIC WORKS AND TO RECOGNIZE THE CONTRIBUTIONS THAT PUBLIC WORKS OFFICIALS MAKE EVERY DAY TO OUR HEALTH, SAFETY AND COMFORT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE S OF THE OF WOODBURN TO BE AFFIXED THIS 27~ DAY OF MBER 2004. ~ ',' 0' , ~ \~I' tflf(I)~ lh ~) , i(:~1 \ ~ , ',' ~, ~ ~,f) ., \' \-\\ " .' I, . ~' "- ;> ,. , ~, .. , 0,,'> .\111 " ~., s' \,p \\I'\~ 1'{lli.IW 4 4B PROCLAMATION DISABILITY F,MPLOYMENr AWARENESS MONTH WHERllAS, TWENTY PERCENT OF THE POPULATION OF THE UNITED STATES OF AMERICA IS COMPRISED OF PEOPLE WITH DISABILmESj AND WHERllAS, MORE THAN lWo- THIRDS OF ADULTS WITH DISABILmES IN THE COUNTRY DESIRE TO WORK BUT CANNOT FIND EMPLOYMENTj AND WHERllAS, THE AMERICANS WITH DISABILITIES Acr PROVIDED CIVIL RIGHTS PROTECTION FOR AMERICA'S 49,000,000 PERSONS WITH DISABILITIESj AND WHERllAS, AMERICA'S SHRINKING LABOR FORCE REQUIRES EMPLOYERS TO lITIUZE UNTAPPED HUMAN RESOURCES, SUCH AS PERSONS WITH DISABILmES. NOW lHEREFORE, I, KATHRYN FIGLEY, MAYOR OF THE CITY. OF WOODBURN, OREGON, DO HEREBY PROCLAIM THE MONTH OF OcrOBER 2004 AS DISABILITY F,MPLOYMENr AWARENESS MONTH AND CALL UPON ALL cmZENS OF THE CITY OF WOODBURN TO OBSERVE THE MONTH BY LEARNING ABOUT PEOPLE WITH DISABILITIES, THEIR STRENGTHS, ABILITIES, AND THE PROGRAMS WHICH SERVE THEIR NEEDS. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF WOODBURN TO BE AFFIXED THIS 15'" DAY OFS ~ER'). . \} \-,\ ~,., I- , . 1.' \1., (111(111 'Itj) ~)\ ' if!:: , , .I ~ 'f), ~) .. . ,0 ., -, ~~; ... 1_, {> , ' . \ I:, , , ('. .Itl, ~, · :l" ,:p. II'" \'ole\\: 5 '1'11' 4C PROCLAMATION WOODBURN FAll. CLEANUP MONIH OcrOBER 2004 WHEREAS, THE GOAL OF THE WOODBURN FAll CLl!ANUP MONTH 2004 IS TO BRING TOGETHER YOUTH, GOVERNMENT, BUSINESSES AND THE COMMUNITY TO HELP CLEAN UP THE CnY AND. SHARE PRIDE IN WOODBURN; AND WHEREAS, ALL cmZENS OF WOODBURN PLAY A VITAL ROLE IN MAKING WOODBURN A MORE LNABLE PLACE; AND WHEREAS, THE WOODBURN lJVABILnY TASK FORCE ORGANIZES CLEANUP PROGRAMS IN THE FALL AND SPRING TO MAKE WOODBURN A MORE LNABLE CnY; AND WHEREAS, THE WOODBURN FAll CLl!ANUP MONlH 2004 WILL EXTEND THROUGHOUT THE MONlH OF OcrOBER, INCLUDING A CITYWIDE CLEANUP ALONG THE MAJOR THOROUGHFARES IN OUR CnY ON OcrOBER 9TH, AND WHEREAS, THE LIVABILnY OF THE WOODBURN COMMUNnYWILL BE ENHANCED BY THESE EFFORTS; NOW, 1HEREFORE, I, KA1HRYN FIGLEY, MAYOR OF WOODBURN, OREGON, DO HEREBY PROCLAIM THE MONlH OF OcrOBEll "WOODBURN FAll CLl!ANUP MONlH 2004" IN THE CnY OF WOODBURN, AND CALL UPON ALL cmZENS, BUSINESSES, CHURCHES, AND CMC ORGANIZATIONS TO RECOGNIZE TIIAT LIVABILnY STARTS IN YOUR OWN FRONT YARD, TO WORK WITH YOUR FRIENDS AND NEIGHBORS DURING THE MONTH OF OcrOBER TO MAKE WOODBURN A BEAUTIFUL PLACE TO LIVE, AND TO TAKE PRIDE IN YOUR CnY AND PARTICIPATE IN THE CITYWIDE CLEANUP EFFORT ON SAWRDAY, OcrOBER 9TH. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL Q THE CnY OF OODBURN TO BE AFFIXED THIS 27TH DAY OF SEPTEMBER 2004. ,: l:1 \1./I'<i(rJj \~\ I~ (j .1 ~) .\ ,'.1( fJ ~ ,f' '~', ., ~\ ~ . ~, J',-" .. I ,. .:.:' j .'..... .. "',~ .t.~ (~ .. \ j .., .) 0(,;,-' .'/" .:;. . 1;, ~f' \'5 \\\(\~ . 6 <Ill It II" ,. ".~.. <.-.. ..,,-...-. '"'-"^-'"'-'~"'~"- _.._--.,..".,..-...._.~._._.,- -'~'.- --~--~_._- - -- ~~~~ ~ WOQ.DBU~N I " ,- .' r I' .' rill ~./ I Ii .\' <J 4F ~~ . . September 27. 2004 TO: Mayor and City Council through City Administrator FROM: Jim Mulder. Director of Community Development SUBJECT: Status Report on Sign Ordinance Enforcement RECOMMENDATION: Receive report. BACKGROUND: The City Council recently adopted a revised sign ordinance that became effective on July 1. 2004. During the 2004-2005 budget. the Council authorized hiring an additional associate planner. to strictly and uniformly enforce the new ordinance. At it's September 13.2004 meeting, the City Council requested a report on sign code enforcement since July 1. 2004. DISCUSSION: The planner assigned to sign code enforcement began on July 1. 2004. and within two weeks began enforcement of the new sign ordinance. Since then. she has concentrated her efforts in the following areas: . Removing temporary signs in the public right of way . Bringing temporary signs on private property into conformance . Conducting inventory work related to the legality of existing signs. related to bringing illegal permanent signs into conformance. The largest single. and most visible set of violations of the sign ordinance are illegally placed temporary signs. The new sign ordinance requires that all temporary signs comply on the date the ordinance became effective. This includes temporary signs in the public right of way and on private property. A temporary sign permit is available to allow temporary signage on private Agenda Item Review: City Administrat City Attorney _ Finance' 7 r ... 11 I ---,.- Mayor and City Council September 27.2004 Page 2 . . property. on a limited basis. In the public right of way, temporary signage is not allowed, unless authorized by a government agency for a public purpose. Temporary Sian Enforcement Much staff time has been concentrated on enforcing the removal of temporary signs. Several days a week staff drives down commercial streets and major thoroughfares removing off-premises temporary signs from the public right of way. These include garage sale signs, real estate signs, and signs advertising various products or programs attached to utility poles or placed in the parkway strip or on the sidewalk. Time spent on this task also involves fielding telephone and in-person inquires from residents or businesses with questions about enforcement actions, and in returning signs to those who want them. Staff also stops to request that property or business owners remove temporary signs that are in the public right of way in front of their property or business. At the same time, staff visits properties where a temporary sign is located that has not been approved by a temporary sign permit. Staff attempts to contact someone on the property to explain the ordinance and, if applicable, provides a temporary sign permit application for them to submit for approval. Staff finds the majority of temporary signs are typically put up in the public right of way on Fridays. From July 16th through September 10th 30-40 signs were typically removed each Friday from the public right of way. These signs were removed from stop signs, power poles, yield signs, parkway strips, and sidewalks. The number of signs placed in the right of way appears to be decreasing, as the public becomes more aware of enforcement. Staff maintains a log of all properties that have been contacted regarding sign ordinance enforcement. This log shows that 23 properties were visited regarding temporary signs on or adjacent to the property. In addition, 17 letters have been sent to property and business owners regarding violations of the sign ordinance. This is in addition to the approximately 200 temporary signs that have been removed from the pUblic right of way. These efforts have been effective in redUCing visual clutter along commercial areas in the City. Temporary signs will be an on-going enforcement issue, but they are becoming more manageable with consistent enforcement. It will take some time to continue to inform the public of the new ordinance regulations. When the public is more fully informed. it is anticipated that the majority will comply as long as it sees the regulations being uniformly and consistently enforced. 8 Mayor and City Council September 27,2004 Page 3 . . Permanent Sian Enforcement Staff has also been concentrating on conducting the inventory work needed to bring illegal permanent signs into conformance. Illegal signs are those that were subject to a sign ordinance at the time they were installed but either the proper approval was not obtained or they were not installed in compliance with the approval. To determine whether an existing permanent sign is an illegal sign requires staff to determine whether the sign complied with the sign ordinance at the time of its installation. Staff must find out approximately when the sign was established to determine whether a sign permit was required and what regulations were applicable at the time. Staff must also determine if a sign permit was issued for the sign, if one was required when the sign was established. Staff has conducted a review of the existing City records pertaining to signs. In many instances, records are incomplete or do not provide sufficient information. These records issues will most likely prevent the systematic elimination of all illegally installed permanent signs, requiring instead that enforcement be accomplished on a case-by-case basis. Staff is still working through the enforcement issues in this area, and will return to Council for additional discussion once that evaluation is completed. In the meanwhile, staff's next task is to photograph all permanent signs on commercial and industrially zoned properties. This will provide a photo inventory needed as evidence for determining which permanent signs existed when the new ordinance became effective. For the purpose of future sign permitting issues, any permanent sign that does not appear in the photo inventory for a given property will be deemed to have been established after the date of the inventory. It will then be much easier to determine if a sign in question complies with the sign ordinance and if a sign permit was issued, if required. This provides a summary of staff's efforts related to the new sign code, to date. I will be available at your meeting of September 27, 2004 to answer any questions you may have. 9 T-. .---- '^--_.~._,_._-- ~ . ...~ SA COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 2004. CONVENED. The meeting convened at 7:00 p.m. with Mayor Figley presiding. 0005 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Absent Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Police Chief Russell, Public Works Manager Rohman, Community Development Director Mulder, Park & Recreation Director Westrick, Asst. City Engineer Torgeson, Recorder Tennant Mayor Figley stated that Councilor Nichols was out of town due to the recent death of a family member. 0068 ANNOUNCEMENTS. A) Woodburn Public Library - hours of operation now include Sunday afternoons from 1 :00 pm to 5 :00 pm. B) Joint City Council! Planning Commission workshop will be held on Monday, September 20, 2004, 6:30 p.m., City Hall Council Chambers, to discuss the draft Transportation System Plan. C) Public Hearing before the City Council will be held on Monday, September 27, 2004, 7:00 p.m., to consider Variance 04-10 (Wesmar Land Company). D) Recreation and Park Board: This Board has a vacancy and individuals interested in serving on this board are asked to call the Mayor's office for an application. APPOINTMENTS. Mayor Figley appointed Catherine Holland to serve on the Library Board (Position I) with her term expiring December 31, 2006. She also appointed Joseph Nicoletti to serve on the Recreation and Parks Board (Position III) with his term expiring on December 31, 2006. MCCALLUM/COX... appointments to the Library Board and Recreation and Parks Board be accepted as presented. The motion passed unanimously. Page 1 - Council Meeting Minutes, September 13, 2004 10 T"" -....-."..-......"."..-... ~_.._.-,-. .~._. _."-'--~-- '" . ...----- COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING 0198 PRESENTATION: SILVERTON HOSPITAL COMMUNITY BENEFIT REPORT. Patrick Vance, representing Silverton Hospital and their Woodburn Clinics, stated that the Hospital is a not-for-profit community owned and operated facility which is not tax- supported or religious affiliated. A community member board governs the hospital and they hold themselves responsible to the community served that being considered as a triangular area between Woodburn, Molalla, and Silverton. Over the last few years, they have generated a Community Benefit Report which is a way for them to hold themselves accountable to the community for those traditional programs such as health education, partnerships with school districts, support of boy scout first aid training, and partnerships with other health organizations. He distributed copies of the report to the Council for their information. He also noted that the report includes a list of volunteer activities the hospital employees participate in during the year and it was projected that in 2003 the employees donated approximately $111,970 of their time and talent back to their communities. 0441 PRESENTATION: BOONES FERRY WIDENING PROJECT STATUS UPDATE. Public Works Director Tiwari stated that the Council had previously decided to widen Soones Ferry Road on the west side and plans had been submitted to ODOT for placement approval of a temporary traffic signal until such time as the Highway 214/Settlemier/Boones Ferry Road intersection was improved by the State. Currently, the temporary signal is on hold at the State level and the contractor will install the signal as soon as the City receives the permit. Until then, the traffic lane next to the west side sidewalk has been blocked off but traffic congestion on Boones Ferry Road has improved since school has been in session due in part from the reconfiguration of the school parking lot. It is anticipated that the Highway 214/Boones Ferry Rd/Settlemier intersection will be improved next summer and Settlemier Avenue widening project will occur at that time to closely match to the north side of the intersection on Boones Ferry Road. Overall, he felt that the traffic has been moving well along Boones Ferry Road and reiterated that the Council has made all of the decisions necessary to complete this project including awarding the bid for a temporary signaL Staff continues to work with ODOT to try and obtain the temporary signal permit. Mayor Figley stated that she was glad to see the sidewalks on both sides of the street for pedestrian safety. Councilor McCallum expressed his opinion that the Boones Ferry Road improvement looks very good and is anxiously awaiting the removal ofthe pole so that all travel lanes can be utilized. He questioned the length oftime to complete the Highway 214 intersection improvement. Director Tiwari stated that work would most likely run from June 2005 until September 2005 with majority of the work being completed when school is not in session. Page 2 - Council Meeting Minutes, September 13, 2004 11 r _ , '." .,__..'.__' ..._._,..."..._.. ~__~."..___.._.M..,.,,,____..._..",_,.,,..' "_W_~_ '11 I COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING 1830 CHAMBER OF COMMERCE REPORT. Niki DeBuse, representing the Chamber Board, provided information on the upcoming Chamber events: 1) September 15, 2004 - Chamber Forum will be held at Tukwila, 12:00 noon, with former Police Chief Paul Null being the guest speaker on the topic of the Police Facilities Bond 2) Greeter's Program will be held at the following locations: September 17'h, 7:30 am - Sylvan Learning Center, Woodburn Crossing Shopping Center September 24'h, 7:30 am - Cascade Park Retirement Center 3) Leadership Youth Program will begin on September 21, 2004 and student participation continues to improve. 4) Chamber Auction will be held on September 24'h beginning at 6:00 p.m. 5) 2005 Membership and Community Guide is being updated and this year's publication will be approximately 50 pages in length not only providing a business directory but serves as a promotional piece for the Woodburn community. She also stated that an updated statistical report was included in the materials distributed to the Council emphasizing the growth they have seen on web site hits. 2165 Angela Racogrande, 330 S Settlemier, requested that the Council limit the number of noise variances granted for use at Settlemier Park along with any other park in Woodburn. She stated that the most recent event consisted of 19 hours of continuous festival music and, even though she along with other residents in the area would like to see the park used, the length of time the music played was excessive. 2273 Linda Sauer, 402 Oak St, stated that her property borders Settlemier Park and the music was so loud that they could not enjoy the outdoors nor could they have a conversation without yelling at each other. Additionally, there was litter in the park and in the alley. According to the Police Department, the event permit allowed for 70 decibels and this level was too loud especially for the length of time the music played. She stated that residents many blocks away also heard the music and they expressed their displeasure on the loudness and continuous playing. She urged the Council to revisit the noise ordinance and event permits issued, and to enforce the provisions of the ordinance throughout the year. Kerry Christensen, 516 Harrison St., felt that the noise from the event seemed to encourage some people to feel that the party could go on in their home well after midnight and they called in a noise complaint to the Police Department for the amplified music being played at the residence in their neighborhood. She suggested that the Council explore what happens in other areas of the City when an event permit allows such rowdiness to go on. She felt that the 19 hours of continuous music was excessive. Dahlia Lopez, 415 Oak Street, stated that there were children unsupervised in the park and individuals were consuming alcohol even though this was a no-alcohol event She stated that it started as a good event but ended up being a problem for the neighborhood. Page 3 - Council Meeting Minutes, September 13, 2004 12 T ~..., 11 I "-~ COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING 2800 Patrick Vance stated that on September 24'\ the State Division of Health, Marion County Health Department, Clackamas County Health Department, and surrounding hospitals will be hosting a delegation of Health Professionals from Mexico. This is a bi-annual event in which the professionals visit Oregon and a delegation from Oregon is sent to Mexico every other year as part of an on-going exchange. The delegation will be in Woodburn on Friday morning and a reception will be held in downtown Woodburn. He invited the Council to write a letter welcoming the delegation and pledging support for the mutual benefit ofthe people served. 2834 Mayor Figley stated that she also felt that the music was awfully loud and, even though she mentioned it to a City staff member who was trying to get it toned down, it was not nearly quiet enough soon enough. Administrator Brown stated that there had been a nurnber of calls received today many of which were similar to those concerns expressed by the individuals at this meeting. Over the weekend, there were over 30 complaints and about one-quarter of those individuals called or visited City Hall today to talk to staff about the situation. He stated that there had been a number of eVents held in the downtown plaza earlier this year that involved continuous music as part of the festivities. These are family oriented events and, to his knowledge, have all been alcohol-free events. There have been no police problems associated with these events and on-site security is required. The September 16th event began last year as a 3-day event and it was held in the downtown area. It was found that 3 days was too long so this year's event was scheduled for only 2 days. The intention was to hold the event in the downtown plaza again this year but it was moved to Settlemier Park since it had been assumed that the plaza would be under construction in September. The residents who called in today were, in general, not appreciative ofthe kind or duration of music being played and the decibel level allowed. It was noted that the Park Ordinance allows for 80 decibels, however, the permit was given for 70 decibels. Additionally, the Police Department did keep up a constant monitoring of the decibel level and the numbers ranged between 60 and 70 decibels throughout the weekend. Staff believes that the problem was not so much as the decibel level but the direction in which the speakers were pointed at along with the atomospheric conditions and the backdrop of the Aquatic Center whereby this flat surface bounced sound back out to the west. As a result, staff has learned that the speakers need to be placed in a different location within Settlemier Park if amplified sound is allowed in the Park. He stated that the decibel level was established in the noise ordinance and a number of residents have requested that the decibel level be lowered within the ordinance. The decibel level was set based on a variety of noises that are done by people routinely along with looking at the decibel levels established by other cities. It is his understanding that the Livability Task Force is interested in reviewing the decibel issue and, if applicable, recommend to the Council a suggested decibel level. Staff would also contact other cities to see what their current decibels are along with how they are policing the ordinance. Staff will be doing a debrief Page 4 - Council Meeting Minutes, September 13, 2004 13 r- T'e.......-.'-"" '11 . _...."~ COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING on this event and discussions will be held regarding the sound and how future events can be organized so as not to upset so many people. Park Use permits are issued by the Parks Department and the Board should be given an opportunity to review this process and, if applicable, recommend changes to the Council. Mayor Figley reiterated that this event at that location is a one-time event and the Plaza development is designed to give the Library's Music in the Park more room and to allow other family-oriented events to take place in a business district where it will have minimal impact on a residential neighborhood. She apologized to the neighborhood for this event's impact and agreed that, at various times and in various places, the noise level was excessive for at least a portion of the time. Administrator Brown stated that he was not aware of an alcohol issue in the park associated with this event. He was more familiar with the downtown events and these events have not had alcohol issues. There were 5 or more on-site security personnel at this recent event to keep the peace and he is not sure if they were policing the bowl area in the park where it has been brought up that alcohol was being consumed by attendees. Police officers were in the area and they would have been available to take action if there was a problem. Chief Russell stated that he was only aware of one incident and it was a domestic situation which involved escorting a young woman from the park. The security officers did not bring any alcohol incidents to the attention of the police. 3870 Councilor McCallum stated that clean-up of the park would have shown to what extent, if . any, alcohol was present during this event. He expressed his appreciation to those individuals who called and to those who attended this meeting to express their concerns about this recent event. He stated that he had been taking notes on concerns brought forth and the Livability Task Force will be addressing these concerns in an effort to protect the neighborhoods when events are scheduled that will draw people to Woodburn. Councilor Bjelland suggested that issues to consider are (1) the number of hours a higher level of noise is allowed to continue, and (2) the time of year the event is held to determine the length of time an event is held during the day. Linda Sauer reiterated that she was not opposed to events being held in the park but requested that a time limit be placed on event. Administrator Brown stated that issues brought up by Councilor Bjelland can be addressed by the Park Board as part of the park use permit. Additionally, if any public meetings win be held on this issue those individuals who have brought up concerns to the City will be notified of the meeting date(s) and time. 4412 CONSENT AGENDA. A) approve the regular and executive session minutes of August 23, 2004; B) accept the Planning Commission minutes of August 12, 2004; C) accept the Planning Commission minutes of August 19,2004; D) accept the Planning Commission minutes of August 26, 2004; Page 5 - Council Meeting Minutes, September 13, 2004 14 . -~ COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING E) accept the Building Activity report for August 2004; F) accept the Planning Project Tracking Sheet dated September 1, 2004; and G) accept the report regarding the Street Tree removal at 461 Cleveland Street. Councilor McCallum stated that he wished the tree did not need to be removed but was glad a process was in place that required an evaluation to be done by a certified arborist to determine what needed to be done whether it be tree pruning or removal. Director Tiwari stated that the staff recommendation follows the arborist's opinion since there is a potential risk to public safety if the tree is not removed. MCCALLUM/BJELLAND... adopt the consent agenda as presented. The motion passed unanimously. 4738 TABLED BUSINESS: COUNCIL BILL NO. 2526 - ORDINANCE AMENDING ORDINANCE NO. 1965 THE SANITARY SEWER AND WATER SERVICE ORDINANCE. COX/MCCALLUM... Council Bill No. 2526 be removed from the table. The motion passed unanimously. Councilor Sifuentez introduced Council Bill No. 2526. Recorder Tennant read the two readings ofthe bill by title only since there were no objections from the Council. Mayor Figley stated that this bill had been tabled originally due to some concern about some verbiage pertaining to property which has been sold and a purchaser has ended up with a water / sewer lien that does not appear to be collectible. Staff was asked to draft language that would limit the situation and clarity under what circumstances this particular type of adjustment can be made. She questioned if a motion to amend would be in order. Attorney Shields stated that the Council could consider the bill that is before them without making a motion to amend since the bill was introduced and read at this meeting. Councilor Cox stated that he is now satisfied with the proposed amendment, however, he does feel that the whole ordinance needs to be reviewed as soon as possible. On roll call vote, the bill passed unanimously. Mayor Figley declared Council Bill 2526 duly passed with the emergency clause. 5126 PUBLIC HEARING: NORTHWEST NATURAL GAS FRANCHISE. Administrator Brown stated that, to date, Northwest Natural Gas Co. has not provided the City with their revisions for staffreview. Councilor Cox expressed concern that the Council would not have an opportunity to have meaningful input on this issue if the public hearing is not held until September 27th and the franchise is only extended to September 30th. Administrator Brown stated that staff is looking to maintain status quo with the ordinance that has been in place for the last 10 years. City staff had been presented with Northwest Natural Gas Company's preferred franchise document which removed items such as the privilege tax and any kind of regulatory authority that the Public Works department Page 6 - Council Meeting Minutes, September 13, 2004 15 T ... . 'II I COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING would have had to approve work before work was done in the public right of way. Staff has asked Northwest Natural Gas to reinstate the language that had been removed. Presuming that the language is reinstated, the Council would be considering a document very similar to the existing ordinance and, in all likelihood, there would not be any negative comment on the document. The agenda for September 27th would also include a Council Bill to adopt a new franchise ordinance with Northwest Natural Gas. If there were problems that needed to be addressed, the Council could request an extension of the current franchise until an agreement is reached. BJELLAND/MCCALLUM... continue the public hearing until September 27,2004. The motion passed unanimously. 5544 COUNCIL BILL NO. 2527 - ORDINANCE AMENDING ORDINANCE NO. 2133, THE NORTHWEST NATURAL GAS COMPANY FRANCHISE, TO EXTEND SAID ORDINANCE TO SEPTEMBER 30, 2004. Councilor Sifuentez introduced Council Bill 2527. The two readings of the bill were read by title only since there were no objections from the CounciL On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2527 duly passed with the emergency clause. 5686 COUNCIL BILL NO. 2528 - RESOLUTION CALLING FOR PUBLIC HEARING ON ANNEXATION OF PROPERTY LOCATED SOUTH OF SMITH DRIVE. APPROXIMATELY 730 FEET WEST OF SETTLEMIER AVENUE AT 515 SETTLEMIER AVENUE. Council Bill 2528 was introduced by Councilor Sifuentez. Recorder Tennant read the bill by title only since there were no objections from the CounciL On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2528 duly passed. 5781 COUNCIL BILL NO. 2529 - RESOLUTION ENTERING INTO GRANT AGREEMENT NO. 21937 WITH THE STATE OF OREGON (Public Transit Oneratinl! Assistance Grant). Councilor Sifuentez introduced Council Bill 2529. The bill was read by title only since there were no objections from the CounciL On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill 2529 duly passed. 5884 CONTRACT FOR FINANCIAL ADVISOR FOR POLICE BOND ISSUE. COX/SIFUENTEZ.... authorize City Administrator to sign a contract with Regional Financial Advisors, Inc., to act as the City's Financial Advisor on the Police Bond Issue. Councilor Cox stated that it appears to be necessary to have a Financial Advisor ready to assist the City on this bond issue if the voters approve the Police Facility General Obligation Bond measure on November 2, 2004 and the City will not incur any costs for a Page 7 - Council Meeting Minutes, September 13, 2004 16 COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING Financial Advisor unless the measure is approved. The motion passed unanimously. 5984 PURCHASE AND SALE AGREEMENT - FIRST AND OAK STREET PROPERTIES. BJELLAND/SIFUENTEZ... authorize the City Administrator to execute a purchase and sale agreement and all other related documents needed to purchase lots at 175 S. First Street and 200 Oak Street. Councilor Cox stated that he was in support of the purchase and the terms are, for the most part, resolved. He is satisfied that staff will be able to work out the terms but the purchase price and basic terms are already locked in. He recommended that the City obtain a copy of the rental agreement and rent deposits and enter into a new rental agreement with the tenant. Attorney Shields stated that he is working on some loose ends as it relates to the McNulty Estate before the transaction is completed. The motion passed unanimously. 6235 PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS. A) Planning Commission's Approval of Design Review 04-04, Variance 04-16, and Variance 04-17 (Mt. Hood Avenue and Highway 99E)- Bank facility in the North Park Plaza shopping center. B) Planning Commission's Approval of Planned Unit Development 04-03, Phasing Plan 04-02, Variance 04-11 (Variances A. B and C), Variance 04-12, Variance 04-13, Variance 04-14, and Variance 04-18 (Tukwila Drive) - Provides for 76 single family residential lots and 3 common area tracts to be developed in two phases. Councilor Cox stated that a phase ofTukwila was presented around 1998 and he wanted the Councilors to be aware of, and feel comfortable with, the long cul-de-sac that is included in this project. There is no access point to the north until such time the urban growth boundary is expanded and a connection can be made. This PUD will give a number of variances around the length of cul-de-sac provisions in the City's ordinance. Councilor Bjelland also expressed concern on this issue since subdivisions are required to have two egresses and he questioned how many homes are in the development addition that only have one egress at this time. He questioned if the same allowances would be made to a developer if this development was in another part of the City. Tape 2 Councilor McCallum stated that staff and the developers worked closely to try and get County approval but the County had indicated that it would most likely not approve approve an application for the connection. However, the County would probably approve an emergency access to the north of the development. Administrator Brown that this is a unique situation to Woodburn since this parcel of land is located next to the golf course and the developer is limited in to going to the north and Page 8 - Council Meeting Minutes, September 13, 2004 17 COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING west. Until the such time as the urban growth boundary is expanded or the developer receives a goal exception from the County, the secondary access cannot be constructed. The emergency access will run from this last phase and will be built to take the weight of fire truck as well as a number of other guarantees that would go into effect. This would include a development agreement that would require the developer to (I) provide a connection if the urban growth boundary expands, (2) seek a goal exception from the County to try and make the access connection happen sooner, and (3) bond for the value of this improvement and to maintain that bond perpetually until the roadway is improved. This agreement has been reviewed by public safety agencies, including the fire department, and each agency has indicated that they are willing to accept this agreement. He stated that this decision was based on a desire to try and help the developer with a topographical and geo-political boundary problem that could not be resolved otherwise. Community Development Director Mulder stated that this development is for 76 lots and the prior development was for 16 lots. This development would not technically be a cul- de-sac since the emergency vehicle access would extend north to Boones Ferry Road. The prior development has the single public access and an emergency vehicle access that is located next to the tennis courts. Councilor Bjelland expressed concern with the large number of homes within the proposed development that will only have a single public access and he was not aware of any planning document that would suggest that a single access should serve that many homes. Director Mulder stated that the traffic study showed that the single access would accommodate the traffic flow generated by the number of homes within that development but a resident's perception of the amount oftraffic may be different. Even though they felt that there should be a second access, Councilors Cox and Bjelland stated that they would not call this matter up for review. 0504 CITY ADMINISTRATOR'S REPORT. City Administrator Brown stated that the Chamber of Commerce would like to seek a more stable funding source from the City and they would like to make a presentation to the Council for the purpose of requesting the Council to provide additional City funds beyond the grant funds they currently receive to address property rental and staffing needs to operate an expanded Visitor's Center. He suggested that a Committee be set up that would be comprised of two Councilors and Chamber representatives to discuss the issues and then bring a proposal back to the Council for consideration. Administrator Brown stated that he had previously discussed this issue with the Mayor and, following that discussion, had talked to Councilor Nichols who requested that he be allowed to serve on the Committee. Mayor Figley stated that, historically, the Chamber received about $8,000 per year from the City but the transient occupancy tax provided substantially more dollars for tourism and/or economic development. The requirements for receiving these grant dollars are Page 9 - Council Meeting Minutes, September 13, 2004 18 T" _~ ._.. ...-_.. ,___ "_'_"'" ,..~w_ ___, ...__". ..____~_"""_.___~~_..___ _.~.,_...___.,.___.. COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING tight enough so that only a few governmental or non-profit agencies can qualify for the funds. Her concern is that funds from this tax should be used for funding programs that are public in nature and have global good rather than primarily geared toward a private mutual benefit organization. She stated that she definitely wants to be part of this discussion and questioned if another Councilor would be willing to serve on this Committee. Councilor Lonergan stated that he would also like to serve on the Committee. 0808 Administrator Brown provided an update on a more recent meeting before the Marion County Commissioners regarding the City's coordinated population number for periodic review purposes. The County has established a public hearing date for November 10, 2004. Additionally, the County Planning Manager did make a comment that they were not sure if the 35,000 population figure for Woodburn would be the number they would be recommending to the County Commissioners. Councilor Cox stated that he had read the letter that was sent to the County Commissioners and, even though the City needs to go along with the process, he felt that the system needs to be overhauled at the state leveL He noted that the estimated cost to the City for this overall comprehensive review process is approximately $1.7 million. He is still a strong supporter of statewide planning but the system is out of control and the politicians have to be made aware of this and so something about it. Even the rules say that the City must cooperate with other governmental agencies and it has been assumed that it meant reach agreement however he did not feel that coordination means to reach an agreement. He felt that the Council is responsible for establishing the City's projected growth numbers for purposes of the City's planning and, if the City is unable to reach a satisfactory number through coordination and negotiation with Marion County, the City must challenge the County on the population number. Councilor Bjelland stated that he is serving on the Urban Growth Boundary Amendment Committee at the State level to look at this whole process on how to amend the urban growth boundaries. Sub-committees were appointed from this Committee to look at particular issues and problems faced by local governments when they attempt to redefine their urban growth boundary. One of those sub-committees is the population and employment forecasting committee and he is one of the three members serving on this sub-committee. They are meeting tomorrow to address the issues that have been highlighted by Councilor Cox which are serious problems faced by local governments when they attempt to go through a periodic review process and amending their urban growth boundary. Most counties do not have coordinated population forecast therefore it has been very difficult for cities to attempt to meet the standards that the existing law has stipulated. One of the sub-committees he is sitting on is the Safe Harbor Committee which is proposing that if cities accept the assumptions that are behind certain adopted safe harbors then it is not challengeable by the County, State or other third parties. Page 10 - Council Meeting Minutes, September 13,2004 19 .,.,.. COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING Population is one of the safe harbors being considered by the sub-committee along with other issues that affect the City's planning for future growth. 1448 MAYOR AND COUNCIL REPORTS. Councilor McCallum questioned staff as to whether or not there has been any communication from ODOT regarding the Park Avenue crosswalk issue and making the Highway 99E medians more visible for motorists. Public Works Manager Rohman stated that the City has not heard anything back from ODOT on the Park Avenue issue. It was noted that there was a crosswalk installed across Highway 214 at Park Avenue during the sidewalk construction project but that sidewalk has been removed by the contractors. Administrator Brown stated that staff will provide an update at the next meeting. Councilor Bjelland stated that he also has a meeting with ODOT and other representatives from the other Area Commissions on Transportation regarding the process ODOT uses to allocate the scarce STIP funding especially since the commissions go through an involved process to determine which projects should be funded. Councilor Sifuentez stated that the 20 MPH speed limit in the school zones has slowed down the traffic speed on Lincoln Street. Councilor Cox stated that the Sign Ordinance had been adopted about 6 months ago and been in force for about 2 Y2 months but he had not seen any changes as of this date. He requested that the Council be brought up to date on what has been done so far and what steps are being taken by staff. Administrator Brown stated that the new Planner is dividing her time between removal of illegal temporary signs, working with people who are seeking sign permits, and working on an inventory of the problems that need to be dealt with. A report will be provided to the Council at the next regular meeting. 2280 Councilor Lonergan stated that Austin Bischoff, a local Bear Cub Scout, had participated in the Mayor's Pinewood Derby Race on September 4th at the State Capitol. His carving earned him two second place and one first place award. Mayor Figley stated that she did enjoy the event last weekend, and even though things did not go perfectly, hundreds of people did enjoy the Mexican Independence Celebration. Improvements will be made in the future but overall it was a positive and fun event for those who attended. 2403 EXECUTIVE SESSION. Mayor Figley entertained a motion to adjourn to executive under the authority of ORS 192.660(1)(i). MCCALLUMIBJELLAND... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. Page II - Council Meeting Minutes, September 13, 2004 20 ,.-- . ~'-'u-1"-'-".-"_.._"'"-'-'----'._-~"'~"-""'-'-'~"-----.---~-~_.~ "11 I COUNCIL MEETING MINUTES SEPTEMBER 13, 2004 TAPE READING Administrator Brown stated for the record that he knowingly and willingly am waiving his right to have the performance evaluation done in an open session setting. The Council adjourned to executive session at 9:11 p.m and reconvened at 10:26 p.m.. 2437 Mayor Figley stated that no decisions were made by the Council while in executive sessIOn. COX/MCCALLUM ... Council adopt the following provisions for the City Administrator's agreement: I) four year term agreement commencing October 1, 2004; 2) severance pay provision in the contract be pro-rated over the period of time in which the severance is payable at the Administrator's option; 3) provision in his current contract concerning membership in ICMA and OCCMA be made permissive in that he may belong to those organizations at his option and, ifhe does, the City will pay his dues; and 4) for the one year period beginning October 1, 2004, he receive 3.2% salary increase plus the 1.8% COLA. The motion passed unanimously. 2605 ADJOURNMENT. MCCALLUM/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 10:28 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 12 - Council Meeting Minutes, September 13, 2004 21 Executive Session COUNCIL MEETING MINUTES September 13, 2004 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 13, 2004. CONVENED. The Council met in executive session at 9: 15 p.m. with Mayor Figley presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Figley Bjelland Cox Lonergan McCallum Nichols Sifuentez Present Present Present Present Present Absent Present Mayor Figley reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Recorder Tennant, City Administrator Brown (9:38 pm) The executive session was called under the authority ofORS 192.660(1)(i) to review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employrnent- related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing. ADJOURNMENT. The executive session adjourned at 10:24 p.m.. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Mary Tennant, Recorder City of Wood bum, Oregon Page I _ Executive Session, Council Meeting Minutes, September 13, 2004 22 ~^ 'N..__.,,_,. .....".._ ,..._.~._."~._,.,."_.,.__._.._..".~d_.___._,,,_.", ,_.__~~. '11 I 8B MINUTES MONTHLY MEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: CORRESPONDENCE: PUBLIC COMMENT: DIRECTOR'S REPORT: .... ~~_..,-- ,..~..'.- ..."...-~....,..__.._' September 8, 2004 Mary Chadwick - Present Yesenia Chavez - Absent Neal Hawes - Present Ardis Knauf - Present Kay Kuka - Absent Patricia Will - Present Linda Sprauer, Library Director Vicki Musser, Recording Secretary None. President Pat Will called the meeting to order at 7 pm. The minutes of August 11,2004 were approved and seconded. None. None. Monthly Statistics: The monthly statistics were self- explanatory. Circulation statistics reflect a slight drop from previous years, but the Library remains busy. In looking over the month's statistics, the Library Board became aware that the Library loaned out more books than were borrowed. ILL's sent out totaled 1,179 in August. The number of books borrowed through Interlibrary Loans totaled 978. Reference statistics appear, at first glance, to be lower in numbers than other years. However, Dan Peterson, the Library's Assistant Director, has more sharply defined "Reference", "Referral" and "Miscellaneous" questions. Therefore, the current statistics most accurately reflect those definitions. Database usage statistics will be more accurate in the future. We will see a rise in the numbers, as we are able to arrive at a more complete total. One database that can be accessed from home is the World Book Encyclopedia. Computer usage is rising. This month's usage is 2,735 as compared to 2, 338 in 2003. Patricia Will asked for clarification of the Finance section of the Statistics page. She was told that the Finance number represents the amount of money that the Library takes in during the month in fines, copies, lost or damaged books, rural fees, CCRLS reimbursement, etc. People visiting the Library in August reached a total of 16,692. 23 ., ...... ". . Volunteer hours totaled 180.25 this month. Since 173.33 hours is considered by the City to be a full-time position, the Library has the equivalent of more than a full-time position, covered by volunteers. Activities: A list of activities was distributed to the Board. The Library is gearing up for fall activity. October is Archeology Month. On October 9th and 10th, the Library will present an Oregon Archeological Celebration program. It will be geared towards students on October 9th, and will be held in the Library. Adults will gather to see artifacts and hear about finds at City Hall on October 10. Our Fall Library programs include Family Storytime, Cuentos En Espanol, Infant-Toddler Story time, and Kids Book Club which will be held weekly. Third Thursday Teens continues to be held once a month. Due to III trainer sessions, the Library may need to be flexible with some of its programs, since various staff members will be attending training, and may not always be available. Beginning on September 12, the Library will be open seven days a week. Regular Sunday hours will be from 1-5 pm. The Library Morning and Evening Book Groups did not hold meetings during the summer. Vicki is going to call and ascertain if they are starting up again in September. The Youth Services Activity sheet contained a breakdown of children's programs for September. One special program coming up is Richard Ritchie, the Reptile Man, who will be exhibiting certain reptiles, and talking to interested children and adults about snakes, lizards and alligators. Volunteer of the Month: Bev Ceres is the Library's Volunteer ofthe Month. She has been volunteering since 2003. She began by shelving books. She went on to process magazines downstairs, replacing Vicki, who was hired as Library Secretary. Bev has been very dedicated to doing volunteer work, only taking a week off when she had eye surgery. We are very grateful to have such a wonderful volunteer. Staff: Charlotte Stanley, known as "Deeda" to the Library staff and patrons, has accepted the position of Youth Services Librarian. She was formerly a part-time Reference Librarian here at the Library. She has been the Children's Librarian at the Dallas Library, and has worked part-time at Monmouth Library as welL The City keeps all applications for City jobs on file for six months. Therefore, when Deeda transferred to Youth Services, the Library was able to refer back to applications kept since the last Reference Librarian was hired, five months previously (coincidentally, Deeda). Four applicants were chosen to interview, and Amy Mihelich was chosen as the new part-time Reference Librarian. 24 r . .-._.. ...".-..-- < ~.,._..~.,... " I ---... CCRLS Update: The scheduled switch from Dynix to Innovative Interfaces Incorporated is progressing. There are a number of new committees dealing with background items, previous to making the switch. The "train the trainers" part of the III program has begun. There are approximately 1,300,000 items in our database. Converting to III is a maj or undertaking, but is on target. The changeover will occur December 23rd, just in time for Christmas. The public will not notice much difference. III is user-friendly, with only a slight learning curve. Friends of the Library: Neal Hawes spoke to the Library Board. There have been no meetings since the last Board meeting. The next Friends of the Library meeting will be held on Monday, September 9th, at 2:30 pm, at which time Neal will present a Treasurer's Report. Music in the Park is over after 9 concerts, which were held during July and August. It was a very successful summer. Sandy Kinney, the coordinator for Music in the Park, and Neal Hawes, Treasurer for the Friends of the Library, are already discussing plans for next year's concerts. Several ideas have been considered, such as additional food vendors, adding permanent lighting, and having two sponsors for each concert, rather than one. Neal has talked to Bauman's Farms, who have indicated tentative interest in being one of next year's food vendors. Actual decisions regarding the bands playing, vendors and sponsors will begin to be made in January 2005. Linda noted that there have been several positive "Letters to the Editor" from people that attended the concerts, as well as from the vendors themselves. The Friends of the Library will be holding a Book Sale on October 15th and 16th, from 10-4 pm. This bi-annual event garners money to help support Library needs and programs. There has been some discussion about plans to raise both the Friends', as well as the Library's, visibility in the community. One suggested idea is to hold several small musical programs in the winter, sponsored by the Friends. This is a topic that can be brought up at the next Friends of the Library meeting. The purpose of the Friends of the Library is to earn money, which is then used in support of the Woodburn Library. NEW BUSINESS: The next annual Library Board Retreat will be discussed and a date fixed at the next Board meeting. This year's Board Retreat focused on fund-raising, and we need to follow through on the information we were given at that time. 25 ..... --. ..-...."... - . "---... OLD BUSINESS: BUSINESS TOIFROM THE CITY COUNCIL AND/ORMAYOR: ADJOURNMENT: Respectfully submitted, Vicki Musser Recording Secretary A new Library Board member has recently been appointed, but nothing further is known at this time. The Board will receive that information at our next meeting. None. None. The meeting was adjourned at 7:29 pm. 26 . 8e MINUTES Woodburn Recreation and Parks Board Tuesday, September 14, 2004 7:00 pm City Council Chambers @)U8DVU 1. Herb Mittmann, Chair, called the meeting to order at 7 pm. 2. Herb Mittmann introduced new board member: Joseph Nicoletti. 3. Roll Call Members present: Herb Mittmann, Chair; Rosetta Wangerin, Vice-chair; Ann Meyer, Member; Cristal Sandoval, Member; Bruce Thomas, Member; Joseph Nicoletti, Member. Staff present: Randy Westrick, Director; Barbara Nugent, Recreation Services Manager; Paulette Zastoupil, AA 4. Joint Update with Greenway Task Force Randy explained that the plan was in a Technical Phase right now and gave a presentation with a walk-through of all five maps that make up the visual plan of the Greenway. He explained that the next step was to take the plan out to the community. Randy showed the Board where the "safe routes" to school had been identified and that grants were available to help build that portion of the plan. Bruce Thomas asked when the property next to Centennial would be annexed. Randy explained the City's process of annexation to the Board. Herb Mittman complimented the Task Force on their work to bring their ideas on paper in the short time given. Herb agreed that the next step was to present more in depth presentations to the community. Rosetta Wangerin commented on the dedication of staff and consultants. Randy stated that the next job the Task Force had is to break down the map into projects and then :;tart putting price tags on them. 5. Approval of Minutes from July 13, 2004. Motion to accept the minutes was made by Bruce Thomas and seconded by Ann Meyer. 6. Business from the Audience: None 7. Division Reports Parks and Facilities - Randy Westrick Randy shared that the Board has asked the department to update the Special Events Policy with collaboration from the Livability Task Force. Copies were given to the Park Board to review. This will be placed on the October and November agendas. Recreation and Leisure Services - Barbara Nugent Barbara shared that After School Club had started on September ih, the first day of school with over 400 children in the program. The ASC staff had a full week of training which included Lit Art, PE, Guiding Behaviors and Recreation programming 27 T- ~__.._..~" ,...,_ O,.....M._.." .........~___., __ ...*,.^.~,_.__~.,...____.__,_ ~ . -- and First Aid certification. Barbara shared with the Board that Donovan had resigned with plans of continuing his education. The vacancy for the Teen Scene Coordinator will close on September 20, 2004. Barbara shared that negations were going to secure the Presbyterian Church for the Dance, Dance, Dance program. The Disc golf presentation was a success, and the Pre-school programs will be utilizing the Teen Centers during the day. Soccer started with 230 children registered, which puts 7 - 11 children per team. The soccer fields have been re- configured so children will have more playing time. The football program is going and Saturday, October 9, 6:00 pm will be their first home game. Ann Meyer stated that she had a complaint from a parent in which a pre-school program was canceled. Barbara explained that only 2 children registered and it was not cost effective to run the program at this time, but she has. organized a cooperative playtime with these children and their parents at no cost until the program had enough participants. Aquatics - Steve Newport Report was in written form 8. Recreation Services Master Plan Barbara presented the Recreation Services Master Plan to the Board. She explained the necessary steps of the plan were to insure that all recreation and leisure services had the components, framework and financial structure to meet the needs of the community. This plan is a vital component to the process of updating the Park and Recreation Comprehensive Master Plan. 9. Community Center Task Force Progress Report Randy gave a short report on the Community Center and shared that current meeting had been postponed until October 4, 2004. The Board discussed the Park Master Plan in which Herb questioned the expansion to the north and asked how it impacted the Master Plan, with 150 houses being built and the talk of 600 more to be built Randy explained the Neighborhood and Community Park process and the future of such parks would need to be projected in the Master Park Plan revision. Bruce suggested that if land needed to be purchase, it is best to do that now. Rosetta asked about the appeals with the State and the cities population projections and Randy assured her it was being worked out with the expectation of an official resolution. Rosetta commented that the plan had to be very thought out, Herb wanted the maintenance to be a top priority, Ann thought it was important to finish the new parks all at once and not construct them in phases. All Board members stated the need for bike racks and drinking fountains to be placed in all city parks. 10. Future Board Business · Special Events Policy . Board Retreat, November 17, 2004 at 5:30 p.m. 11. Board Comment Ann Meyer mentioned that Nelson Park had a lot of graffiti, and Crista I Sandoval asked if the "Graffiti Busters" were in force. Meeting was adjourned at 8:35 pm 28 PAGE AP0460 VEEOT C I T Y 0 F WOO 0 BUR N CHECK REGISTER , 00 t::l WOODBURN LIVE DATE 9/20/04 TIME 10:06:53 CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ==============================================================~========================================~========~======~~~========== BANK ACCOUNT AP A/P Accounts Payable 75149 8/31/2004 DONOVAN REYNA 1 75150 8/31/2004 SKATE PALACE 75151 8/31/2004 OMSI 75152 8/31/2004 VALLEY MAILING SERVICE IN 75153 8/06/2004 ADVANCED LASER IMAGING IN 75154 8/06/2004 AEROTEK INC 75155 8/06/2004 ANNE ROSALES 75156 8/06/2004 ARAMARK UNIFORM SERVICE I 75157 8/06/2004 ARCH WIRELESS 75158 8/06/2004 AT & T 75159 8/06/2004 BATTERIES NORTHWEST 75160 8/06/2004 BEN-KO-MATIC INC. 75161 8/06/2004 BLUMENTHAL UNIFORM & EQUI 75162 8/06/2004 CANBY TELEPHONE ASSOC 75163 8/06/2004 CONOCOPHILLIPS COMPANY 75164 8/06/2004 CONSOLIDATED SUPPLY CO. 75165 8/06/2004 COOKE STATIONERY COMPANY 75166 8/06/2004 CPR TECHNOLOGY 75167 8/06/2004 CTL CORPORATION 75168 8/06/2004 DANNER SHOE MFG CO 75169 8/06/2004 DAVID M COREY PRO, PC 75170 8/06/2004 DAYS INN - BELLEVUE WA 75171 8/06/2004 DEPT OF ENVIRONMENTAL QUA 75172 8/06/2004 DP NORTHWEST INC 75173 8/06/2004 E.S. CONSTANT CO 75174 8/06/2004 ERNIE GRAHAM OIL, INC 75175 8/06/2004 ERNST HARDWARE 75176 8/06/2004 FIRST STATE BANK OF LIVIN 75177 8/06/2004 FRANK M MASON 75178 8/06/2004 G.K. MACHINE 75179 8/06/2004 GRAINGER 75180 8/06/2004 GROUP MACKENZIE ENGINEER 75181 8/06/2004 HIRE CALLING INC 75182 8/06/2004 KNORR SYSTEMS INC 75183 8/06/2004 LEAGUE OF OREGON CITIES 75184 8/06/2004 LYNN PEAVEY CO 75185 8/06/2004 M & M AUTO WRECKING 75186 8/06/2004 MARION COUNTY CLERK 75187 8/06/2004 MARION COUNTY SOLID WASTE 75188 8/06/2004 METROFUELING, INC. 75189 8/06/2004 MOLALLA COMMUNICATIONS 75190 8/06/2004 NANCY PIATKOFF 75191 8/06/2004 NATIONAL ASSN OF SRO 75192 8/06/2004 NATIONAL BUSINESS FURNITU 75193 8/06/2004 NOMARCO CONSTRUCTION INC 75194 8/06/2004 NORTH CREEK ANALYTICAL IN 75195 8/06/2004 NORTHSTAR SURVEYING, INC. 75196 8/06/2004 NORTHWEST NATURAL GAS 75197 8/06/2004 OFFICE MAX CREDIT PLAN 75198 8/06/2004 OR STATE POLICE 10 SERVIC 75199 6/06/2004 ORE STATE DEPT OF AGRICUL 75200 8/06/2004 OREGONIAN PUBLISHING CO. 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 97 00 00 50 70 00 00 50 45 02 85 75 85 90 05 46 27 .10 .86 .90 .00 .60 .00 .00 .65 .21 .91 .00 .00 .81 .58 .39 .43 .40 .00 .95 .00 .00 .00 .80 .70 .00 .00 .95 .00 .20 .00 .80 .92 .00 .00 .28 024. 265. 100. 841. 507. 200. 195. 55. 95. 78. 59 457 363 39 226 250 83 78 207 207 115 411 200 440 53 4 119 986 65 37 86 855 130 776 200 176 75 196 77 872 149 395 425 9 300 334 150 482 879 12 50 908 1 1 8 2 3 4 1 4 2 3 1 97 00 00 50 70 00 00 50 45 02 85 75 85 90 05 46 27 10 86 90 00 60 00 00 65 21 91 00 00 81 58 39 43 40 00 95 00 00 00 80 70 00 00 95 00 20 00 80 92 00 00 28 024 285 100 841 507 200 195 55 95 78 59 457 363 39 226 250 83 78 207 207 115 411 200 440 53 4 119 986 65 37 86 855 130 776 200 176 75 196 77 872 149 395 425 9 300 334 150 482 879 12 50 908 4 8 2 3 1 4 2 3 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED to) \D . I , . 2 PAGE AP0460 VEEOT C I T Y 0 F WOO D BUR N CHECK REGISTER WOODBURN LIVE DATE 9(20/04 TIME 10:06:53 CHECK # CHECK DATE -! RECONCILED AMT DIFFERENCE ~~~~~~~~~====================== .00 6 .00 44 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 00 00 494.25 681.60 269.53 537.60 504.76 181.00 928.00 309.23 11.00 190.00 53.76 242.80 166.25 111.72 142.96 40.95 704.26 111.47 72 .86 222.00 300.00 242.60 075.19 119.00 62.00 139.25 150.00 345_00 746.55 433.00 160.00 162.00 52.40 45.00 22.09 125.00 100.00 141.70 43.50 79.08 109.00 7.15 430.48 500.00 860.48 240.00 65.00 6.85 99.20 546.25 904.20 8.00 68.51 1 1 2 1 6 72 1 6 2 AMOUNT 494.25 681.60 269.53 537.60 504.76 181.00 928.00 309.23 11.00 190.00 53.76 242.80 166.25 111.72 142.96 40.95 704.26 111.47 72 .86 222.00 300.00 242.60 ,075.19 119.00 62.00 139.25 150.00 345.00 746.55 433.00 160.00 162.00 52.40 45.00 22.09 125.00 100.00 141.70 43.50 79.08 109.00 7.15 430.48 500.00 860.48 240.00 65.00 6.85 99.20 546.25 904.20 8.00 68.51 STATUS UPDATED CHECK ~;;;=;;;;:============;======== 6 44 2 1 6 72 1 6 2 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCI LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCI LED OTS WIRE POLAR SYSTEMS INe PORTLAND GENERAL ELECTRIC POTTER INDUSTRIES INC QWEST RADIX CORPORATION RANDY ROHMAN ROGERS MACHINERY COMPANY ROSE CITY STAMP INC ROSE PAPER PRODUCTS ROTH'S IGA RYAN HERCO CO. SILVERFLEET SYSTEMS SPRINT TRAFFIC SAFETY SUPPLY CO. ULI URBAN LAND INSTITUTE UNITED PIPE & SUPPLY CO. VERIZON WIRELESS VIKING OFFICE PRODUCTS WEST GROUP PAYMENT CTR WILLIAM H. REILLY & CO WOODBURN INDEPENDENT YES GRAPHICS BOWER'S RESTAURANT PORTLAND SPIRIT CITY OF WOODBURN PETTY CA FAMILY FUN CENTER EVERGREEN AVIATION MUSEUM VALLEY MAILING SERVICE IN ADA BADMINTON & TENNIS AEROTEK INe ALEXIN ANALYTICAL LAB INC AMERICAN FIRE PROTECTION ARAMARK UNIFORM SERVICE I AT & T AWWA BEARS & ROSES HARLEY-DAVI BEST WESTERN AGATE BEACH BIO~MED TESTING SERVICE CAPITAL PAINT & DECORATIN CASCADE SIGN CO CHARLES NOBLE CIS: CITY-CTY INS. SERVS CITY OF CANBY CITY OF WOODBURN CODE 4 PUBLIC SAFETY COLVIN SAND INC CRISTINA FLORES CRYSTAL SPRINGS WATER CO DE HAAS & ASSOCIATES INC DEPCO PUMP COMPANY EDILBERTO MARQUEZ EUGENE HILTON HOTEL PAYEE NAME 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/06/2004 8/31/2004 8/31/2004 8/31/2004 8/31/2004 8/31/2004 8/31/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 75201 75202 75203 75204 75205 75206 75207 75208 75209 75210 75211 75212 75213 75214 75215 75216 75217 75218 75219 75220 75221 75222 75223 75224 75225 75226 75227 75228 75229 75230 75231 75232 75233 75234 75235 75236 75237 75238 75239 75240 75241 75242 75243 75244 75245 75246 75247 75248 75249 75250 75251 75252 75253 w o . ... I , . .. PAGE AP0460 VEEOT C I T Y 0 F WOO D BUR N CHECK REG I STER WOODBURN LIVE DATE 9/20/04 TIME 10,06:53 CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ~~*========================================~===========~========================~=~===~===~====================== FIRST STUDENT INC RECONCILED YES .00 FISHER'S PUMP AND SUPPLY RECONCILED YES .00 FRANK M MASON RECONCILED YES .00 G.W. HARDWARE CENTER RECONCILED YES .00 GARY BUTTS RECONCILED YES .00 HARVEY LONSWAY RECONCILED YES .00 HAWKEYE HOME INSPECTIONS RECONCILED YES .00 HERITAGE HOMES RECONCILED YES .00 HIRE CALLING INC RECONCILED YES .00 HOFFMAN, HART & WAGNER LL RECONCILED YES .00 IKON OFFICE SOLUTIONS RECONCILED YES .00 IKON OFFICE SOLUTIONS RECONCILED YES .00 JAEYLYN P JOHNSTON RECONCILED YES .00 JANICE WOOD RECONCILED YES .00 JEFFERSON PILOT FINANCIAL RECONCILED YES .00 KENNEDY JENKS CONSULTANTS RECONCILED YES .00 KEY BUSINESS PRODUCTS INC RECONCILED YES .00 LAB SAFETY SUPPLY RECONCILED YES .00 LANE COUNCIL OF GOVERMENT RECONCILED YES .00 LANGUAGE LINE SERVICES RECONCILED YES .00 LATUS MOTORS HARLEY DAVID RECONCILED YES .00 LINCOLN EQUIPMENT CO RECONCILED YES .00 LOUIS SHERRY RECONCILED YES .00 MARIO ULLOA RECONCILED YES .00 MARION COUNTY BLDG INSPEC RECONCILED YES .00 MERCEDES FRAZIER RECONCILED YES .00 METRO FUELING, INC. RECONCILED YES .00 MICHAEL & ULIN BASARGIN RECONCILED YES .00 MULTI-LIGHT SIGN CO RECONCILED YES .00 NATIONAL SEMINARS GROUP RECONCILED YES .00 NATIONAL SEMINARS GROUP RECONCILED YES .00 NORCOM RECONCILED YES .00 OACP RECONCILED YES .00 ONE CALL CONCEPTS, INC RECONCILED YES .00 OR DEPT OF ADMINISTRATIVE RECONCILED YES .00 OREGON DEPT OF CONSUMER RECONCILED YES .00 OREGON P.E.R.S RECONCILED YES .00 PAUL BLOMBERG RECONCILED YES .00 PORTLAND GENERAL ELECTRIC RECONCILED YES .00 PREMIER HOME BUlLDERS RECONCILED YES .00 PUBLIC WORKS SUPPLY INC RECONCILED YES .00 QWEST RECONCILED YES .00 RED LION INN - EUGENE RECONCILED YES .00 RENAISSANCE CUSTOM HOMES RECONCILED YES .00 SAFEWAY STORES RECONCILED YES .00 SALEM PRINTING-BLUEPRINT RECONCILED YES .00 SIE~RA SPRINGS RECONCILED YES .00 SONITROL RECONCILED YES .00 SOUTHWEST ESCROW COMPANY RECONCILED YES .00 STOP STICK LTC RECONCILED YES .00 TAYLOR HONDA RECONCILED YES .00 TEK SYSTEMS INC RECONCILED YES .00 TRAILER WORLD RECONCILED YES .00 616.75 329.16 195.00 29.17 30.19 14 .80 275.00 43.79 857.29 300.10 167.55 364.47 105.49 38.08 26.84 412.63 21. 75 63.50 690.00 381.15 60.33 168.79 27.47 48.99 549.16 32 .15 119.35 33.46 64.00 149.25 179.00 702.26 90.00 124.95 000.00 60.00 158.99 50.00 307.44 11.25 191.50 213.31 137.02 71.54 124.77 143.25 59.50 55.00 349.12 12.00 20.00 368.00 328.72 45 1 2 2 24 2 17 1 130 75 16 00 17 19 SO 00 .79 .29 .10 .55 .47 .49 .0' ..4 .63 .75 .50 .00 .15 .33 .79 .47 .99 .16 .15 .35 .46 .00 .25 .00 .2' .00 .95 .00 .00 .99 .00 .44 .25 .50 .31 .02 .54 .77 .25 .50 .00 .12 .00 .00 .00 .72 '" 329 195 29 30 14 275 43 '57 300 "7 3'4 lD5 38 2. 412 21 .3 .90 3., .0 '" 27 4' 549 32 119 33 .4 149 179 702 90 124 000 '0 15' 50 307 11 191 213 137 71 124 143 59 55 349 12 20 36' 32. 45 1 2 2 24 2 17 1 130 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 75254 75255 75256 75257 75258 75259 75260 75261 75262 75263 75264 75265 75266 75267 75268 75270 75271 75272 75273 75274 75275 75276 75277 75278 75279 75280 75281 75282 75284 75285 75286 75287 75288 75289 75290 75292 75293 75294 75295 75296 75297 75298 75299 75300 75301 75302 75305 75306 75307 75309 75310 75311 75313 Co) .... PAGE AP0460 VEEOT C I T Y 0 F WOO D BUR N CHECK REGISTER WOODBURN LIVE DATE 9/20/04 TIME 10:06:53 CHECK " CHECK DATE 1 CHECK AMOUNT RECONCILED AMT DIFFERENCE ~=====~======~~=~====~==================~~==== 00 00 00 00 00 00 00 00 00 00 00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 30.35 109.00 438.00 646.75 20.50 250.00 178.49 246.06 104.18 280.00 ]50.00 269.94 89.25 840.50 272 .00 638.55 122.55 160.00 28.50 124.81 196.00 209.00 1.99 800.00 264.77 316.50 75.00 582.16 56.13 403.84 102.38 28.00 402.00 77 .20 273.70 45.95 237 .87 515.61 601.07 166.89 124.98 874.60 427.50 367.55 79.80 163.92 794.47 400.00 150.00 801.00 360.00 190.00 4.50 , 1 1 , 1 1 1 , 4 1 30 35 109 00 438 00 646 75 20 50 250 00 178 49 246 06 104 18 280 00 350 00 269 94 89 25 840 50 272 00 638 55 122.55 160.00 28.50 124.81 196.00 209.00 1. 99 800.00 264.77 316.50 75.00 582.16 56.13 403.84 102.38 28.00 402.00 77 .20 273.70 45.95 2]7.87 515.61 601.07 166.89 124.98 874.60 427.50 367.55 79.80 163.92 794.47 400.00 150.00 801.00 360.00 190.00 4.50 , 1 , 1 1 1 1 , 4 1 UPDATED YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES PAYEE NAME STATUS =================================~====-==-======== RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCI LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED TREVOR & MELANIE PALMER TUBE ART SIGNS & STORE DI UNEQUALLED JANITORIAL SVC UNITED DISPOSAL SERVICE UPS VIKING INSTRUMENT LABORAT VIKING OFFICE PRODUCTS VISIONS W.M. SMITH & ASSOCIATES, WATER ENVIRONMENT FEDERAT WBN COMMUNITY ACCESS TV I WESTERN TOOL SUPPLY WOODBURN INDEPENDENT YES GRAPHICS SAFARI SAM'S VALLEY MAILING SERVICE IN ABBY'S PIZZA INN AEROTEK INe AMERICAN FIRE PROTECTION ARAMARK UNIFORM SERVICE I AT&T WIRELESS BEST BUY POOL SUPPLY BRINKS HOME SECURITY BROWN & CALDWELL INC BULLARD,SMITH,JERNSTEDT CESSCD, INC COMPLETE WIRELESS SOLUTIO CONSOLIDATED SUPPLY CO. COOKE STATIONERY COMPANY CORPORATE EXPRESS DAILY JOURNAL OF COMMERCE DAVID RYAN DP NORTHWEST INC EDWARDS EQUI PMENT CO INC ESTACADA OIL COMPANY FEDERAL EXPRESS CORP FRY'S ELECTRONICS GRAINGER HIRE CALLING INC IKON OFFICE SOLUTIONS INGRAM ENTERTAINMENT JACK RAWLINGS LAWRENCE PARADIS LEE ENGINEERING, INC. LINCOLN EQUIPMENT CO MARION COUNTY TREASURY DE METROFUELING, INC. MSI GROUP. INC NETHOTION WIRELESS INC NORTHWEST GEOTECH INC NORTHWDOD HEALTH CENTER OHLIN SALES, INC. OR DEPT OF MOTOR VEHICLE 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/13/2004 8/31/2004 8/31/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 a/20/2004 8/20/2004 a/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 8/20/2004 75314 75315 75316 75317 75318 75319 75320 75321 75322 75323 75324 75325 75326 75327 75328 75330 75331 75332 75334 75336 75337 75339 75340 75341 75342 75343 75344 75345 75346 75347 75348 75349 75350 75351 75352 75353 75354 75355 75358 75359 75360 75361 75363 75365 75366 75367 75368 75370 75371 75372 75373 75374 75375 CAl t.:l . .. . I ~ C I T Y o F WOODBURN PAGE 5 AP0460 CHECK REGISTER VEEOT STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ~~~~::==========~==~~=~====:============= WOODBURN LIVE DATE 9/20/04 TIME 10:06:53 CHECK #I CHECK DATE .. 00 00 00 00 00 00 00 00 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 12.00 53.39 152.98 39.15 450.82 70.46 931.02 782.00 641.92 400.00 468.00 89.25 987.58 55.90 842.30 241.80 59.40 800.00 131.01 53.00 138.70 478.45 302.07 126.21 338.40 212.63 564.54 680.00 375.00 539.18 759.46 580.00 348.12 802.00 902.83 83.47 390.77 7.17 241.00 130.49 75.24 205.63 164.06 146.67 302.21 158.02 100.50 31.68 564.11 071.96 32.17 42.84 66.95 2S 1 1 10 1 2 95. 3 1 21 2 "' 2 12 00 53 39 152 98 39 15 450 82 70 46 931 02 782 00 641.92 400.00 468.00 89.25 987.58 55.90 842.30 241.80 59.40 800.00 131.01 53.00 138.70 478.45 302.07 126.21 338.40 212.63 564.54 680.00 375.00 539.18 759.46 580.00 348.12 802.00 902.83 83.47 390.77 7.17 241.00 130.49 75.24 205.63 164.06 146.67 302.21 158.02 100.50 31.68 564.11 071.96 32.17 42.84 66.95 3 25 1 1 10 1 2 95. 3 1 21 2 11. 2 YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCI LED RECONCI LED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED NAME OR STATE POLICE ID SERVIC PUMP TECH SYSTEMS INC RED WING SHOE STORE ROSE CITY STAMP INC TEREX UTILITIES WEST VIKING OFFICE PRODUCTS WEST COAST WIRE ROPE & RI YES GRAPH I CS UNITED STATES POSTAL SERV BRENDA WILLIAMS VALLEY MAILING SERVICE IN A & A PEST CONTROL, INC ARAMARK UNIFORM SERVICE I BATTERIES NORTHWEST BI-MART CORPORATION BLUMENTHAL UNIFORM & EOUI CARPET WAREHOUSE CASCADE DRILLING INC CASCADE POOLS CASCADE SIGN CO CITY OF WOODBURN COASTWIDE LABORATORIES CONOCOPHILLIPS COMPANY CONSOLIDATED SUPPLY CO. CORNELIUS DONNELLY CRANE & MERSETH INC CTL CORPORATION DATA911 DAVID M COREY PRO, PC DAVISON AUTO PARTS DEFFENBAUGH & ASSOC PC CO DEPT OF ~IRONMENTAL QUA DOROTHA BORLAND DP NORTHWEST INC ENGELMAN ELECTRIC EOFF ELECTRIC ERNIE G~ OIL, INC FAMILIAN NORTHWEST FIRST AMERICAN TITLE INSU FISHER'S PUMP AND SUPPLY GERTRUDE REES GRAINGER HALTON COMPANY HIRE CALLING INC IKON OFFICB SOLUTIONS INDUSTRIAL WELDING SUPPLY JEFF TUCKER JIM MULDER KENNEDY JENKS CONSULTANTS L & L BUILDING SUPPLIES LARRY D. ARENDT LOLA SPERATOS MARATHON PRINTING PAYEE ~~+~====:=~~=~~~~==~ 75376 8/20/2004 75378 8/20/2004 75379 8/20/2004 75380 8/20/2004 75381 8/20/2004 75382 8/20/2004 75383 8/20/2004 75384 8/20/2004 75385 8/31/2004 75386 8/31/2004 75388 8/31/2004 75389 8/27/2004 75395 8/27/2004 75398 8/27/2004 75400 8/27/2004 75401 8/27/2004 75402 8/27/2004 75404 8/27/2004 75405 8/27/2004 75406 8/27/2004 75409 8/27/2004 75411 8/27/2004 75415 8/27/2004 75416 8/27/2004 75418 8/27/2004 75421 8/27/2004 75422 8/27/2004 75423 8/27/2004 75424 8/27/2004 75425 8/27/2004 75426 8/27/2004 75427 8/27/2004 75429 8/27/2004 75430 8/27/2004 75434 8/27/2004 75435 8/27/2004 75436 8/27/2004 75438 8/27/2004 75440 8/27/2004 75442 8/27/2004 75446 8/27/2004 75447 8/27/2004 75449 8/27/2004 75451 8/27/2004 75455 8/27/2004 75456 8/27/2004 75458 8/27/2004 75460 8/27/2004 75461 8/27/2004 75462 8/27/2004 75463 8/27/2004 75467 8/27/2004 75468 8/27/2004 Co) Co) . .. i I 4 .. PAGE AP0460 VEEOT WOODBURN 1 o F CHECK REGISTER T Y I c WOODBURN LIVE DATE 9/20/04 TIME 10:06:53 CHECK # CHECK DATE PAYEE NAME STATUS UPDATED CHECK AMOUNT RECONCILED AMT DIFFERENCE ==============================~========8~===================~======================================================================= 8/27/2004 YES 52.56 52.56 .00 8/27/2004 YES 12.20 12.20 .00 8/27/2004 YES 75.00 75.00 .00 8/27/2004 YES 172.10 172.10 .00 8/27/2004 YES 523.75 523.75 .00 8/27/2004 YES 145.23 145.23 .00 8/27/2004 YES 329.20 329.20 .00 8/27/2004 YES 81.45 81.45 .00 8/27/2004 YES 65.00 65.00 .00 8/27/2004 YES 717.10 717.10 .00 8/27/2004 YES 542.00 542.00 .00 8/27/2004 YES 303.12 303.12 .00 8/27/2004 YES 86.52 86.52 .00 8/27/2004 YES 001.31 001.31 .00 8/27/2004 YES 792.70 792.70 .00 8/27/2004 YES 635.37 635.37 .00 8/27/2004 YES 243.29 243.29 .00 8/27/2004 YES 71.25 71.25 .00 8/27/2004 YES 736.00 736.00 .00 8/27/2004 YES 619.20 619.20 .00 8/27/2004 YES 32.10 32.10 .00 8/27/2004 YES 40.95 40.95 .00 8/27/2004 YES 314.51 314.51 .00 8/27/2004 YES 316.70 316.70 .00 8/27/2004 YES 66.20 66.20 .00 8/27/2004 YES 189.85 189.85 .00 8/27/2004 YES 190.00 190.00 .00 AP TOTAL ----- ----- 545.45 545.45 00 2 1 1 477 1 212 2 1 1 212 477 1 RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED RECONCILED MARILYN PARADIS MARION ENVIRONMENTAL MARY TENNANT METROFUELING, INC. NATIONAL WATERWORKS INC NEXTEL COMMUNICATIONS NORTH COAST ELECTRIC CO NORVAC ELECTRONICS INC OR DEPT OF ADMINISTRATIVE PEPSI-COLA COMPANY PUMMEL TRUCK SUPPLY CO ROBERT GALVIN ROTH'S IGA SALEM ROAD & DRIVEWAY SCOT CUSTODIAL SUPPLY CO SLAYDEN CONSTRUCTION INC STEVE KRIEG SUE FOFANA-DURA TEK SYSTEMS INC UNIVAR USA INC UPS VALLEY PACIFIC FLORAL W.W. GRAINGER INC WILLAMETTE BROADBAND WILLAMETTE CHAP RED CROSS YES GRAPHICS ZUMIEZ 291 CHECKS SERV 75469 75470 75471 75473 75477 75479 75480 75482 75485 75491 75492 75494 75495 75498 75500 75502 75504 75506 75507 75511 75512 75513 75516 75519 75520 75526 75527 BANK 324 2 324 2 291 CHECKS 2,324,545.45 CHECKS .00 CHECKS .00 291 CHECKS 2,324,545.45 CHECKS 00 RECONCILED NOT RECONCILED VOIDED UPDATED NOT UPDATED (0) .j:o. .. I ~ .. ~ W~N '.,~"ulraltd 11169 8E ~~ . . September 21, 2004 TO: FROM: SUBJECT: Mayor and City Council through City Administrator Scott Russell. Chief of Police ~ Police Department Statistics - July 2004 RECOMMENDATION: Receive the Report BACKGROUND: The attached report lists year to date reported offenses and arrests displayed by month. DISCUSSION: The statistics have been gathered from the Police Departments Records Management System. The Previous year's statistics are also displayed for comparison purposes. FINANCIAL IMPACT: None Agenda Item Review: City Admlnistrat City Attorney 1I,l. Finane 35 - . --r .-- --,...- DATE: 9121/2004 PL6860 TIME: 15 39 02 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2004 SCOTTRU DRI# OR0240500 WPD RESULTS FOR ALL OFFENSES CHARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL ------------- ---------- - - - - - - - -- - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - -- - - - - - - - - - - - - -- ~ - - - - - - - - - - - - - ~ ~ ~ ~ ~ - ~ - - - - - - - - - - -- -------------- AGGRAVATED ASSAULT 0 3 0 5 5 2 6 21 AGGRAVATED MURDER 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 46 48 50 26 28 19 21 238 ARSON 1 0 0 0 3 1 0 5 ASSAUL T SIMPLE 10 6 17 15 12 18 12 90 ATTEMPTED MURDER 0 0 0 0 0 0 1 1 BOMB THREAT 0 0 0 0 0 0 0 0 BRIBERY 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 3 12 5 2 4 3 2 31 BURGLARY - OTHER STRUCTURE 3 2 6 3 2 2 I 19 BURGLARY - RESIDENCE 3 10 14 12 15 10 16 80 CHILD ADBANDOMENT I 0 0 I 0 0 0 2 CHILD NEGLECT 0 0 0 0 I I I 3 CITY ORDINANCE 14 8 B 13 8 5 4 60 CRIME DAMAGE-NO VANDALISM OR ARSON 20 24 31 22 27 13 14 151 CURFEW 3 2 0 0 2 6 0 13 CUSTOOIAL INTERFERENCE 0 0 0 0 0 0 0 0 CUSTODY - DETOX 2 1 4 3 3 5 6 24 CUSTODY - MATERIAL WITNESS 0 0 0 0 0 0 0 0 CUSTOOY - MENTAL 0 I 0 1 I 2 0 5 CUSTODY - PROTECITVE I 0 0 0 0 0 0 1 DISORDERLY CONDUCT 3 4 2 2 5 5 2 23 DOCUMENTATION 0 I 0 0 0 0 0 1 DRINKING IN PUBLIC 0 0 0 0 1 1 1 3 DRIVING UNDER INFLUENCE 8 12 8 9 5 11 4 57 DRUG LAW VIOLATIONS 23 4 9 IB 19 11 11 95 DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 DWSIREVOKED - FELONY 0 0 0 0 0 0 0 0 DWSIREVOKED-MISDEMEANDR 7 9 3 0 3 2 1 25 ELUDE 2 0 2 1 3 2 2 12 EMBEZZLEMENT 0 0 0 0 0 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 0 EXTORTIONIBLACKMAIL 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 5 5 I I 2 3 23 FAMILY-OTHER 0 0 0 0 0 0 0 0 FORCIBLE RAPE 0 0 0 0 1 0 I 2 FORGERYICOUNTERFEITING 10 8 10 4 6 5 3 46 FRAUD - ACCOUNT CLOSED CHECK 1 2 2 0 0 0 0 5 FRAUD - BY DECEPTIDNIFALSE PRETENSES I 1 3 I 0 1 1 B FRAUD - CREDIT CAROl AUTOMATIC TELLER MACHINE 2 1 1 0 1 0 1 6 FRAUD - IMPERSONATION 3 6 3 I 2 2 1 18 FRAUD - NO ACCOUNT - CHECK 0 0 0 0 0 0 0 0 FRAUD - NOT SUFFICIENT FUNDS CHECK I 0 0 0 0 0 0 1 FRAUD - OF SERVICESIFALSE PRETENSES 1 2 0 2 1 0 I 7 FRAUD - WELFARE 0 0 0 0 0 0 0 0 FRAUD - WIRE 0 0 0 0 0 0 0 0 FRAUD-OTHER 0 0 0 0 0 0 0 0 FUGITIVE ARREST FOR ANOTHER AGENCY 31 34 34 29 34 43 17 222 FURNISHING I 0 0 0 0 I 0 2 GAMBLING - BOOKMAKING 0 0 0 0 0 0 0 0 GAMBLING - GAMES 0 0 0 0 0 0 0 0 GAMBLING - ILLEGAL DEVISESIMACHINES 0 0 0 0 0 0 0 0 36 - . ---,- UUUUU(II rUllce ue~.ll... lATE. 9/21/2004 PL6860 -IME. 15:39:02 MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2004 SCOTTRU IRI#: OR0240500 WPO RESULTS FOR ALL OFFENSES :HARGE DESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL -------- -------------- ------------------------------ -------------------------*------------*---- .----------------------------- iAMBLlNG - ILLEGAL PAY OFF 0 0 0 0 0 0 0 0 iAMBLING - NUMBERS AND LOTTERY 0 0 0 0 0 0 0 0 ,AMBLING - OTHER 0 0 0 0 0 0 0 0 iARBAGE LITTERING 0 0 0 I 0 0 0 I HIT AND RUN FELONY 0 2 2 0 3 0 0 7 HIT AND RUN-MISDEMEANOR 12 13 21 7 7 12 9 Bl ILLEGAL ALIEN - INS HOLD 0 0 0 1 2 0 0 3 ILLEGAL ESTABLISHMENT 0 0 0 0 0 0 0 0 ILLEGAL LIQUOR-MAKE.SELL.POSSESS 0 0 0 0 0 0 0 0 IMPORTING LIQUOR 0 0 0 0 0 0 0 0 INTIMIDATION /OTHER CRIMINAL THREAT 0 0 2 3 4 4 5 18 JUSTIFIABLE HOMICIDE 0 0 0 0 0 0 0 0 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 2 3 KIDNAP - FOR RANSOM 0 0 0 0 0 I 0 I KIDNAP - HI-JACK,TERRORIST 0 0 0 0 0 0 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 1 0 0 0 1 0 2 LI QUOR LAW - OTHER 0 0 0 0 0 0 0 0 LIQUOR LICENSE VIOLATIONS 0 0 0 0 0 0 0 D MINOR IN POSSESSION 4 5 4 2 4 5 2 26 MINOR ON PREMISES 0 0 0 0 0 0 0 0 MISCELLANEOUS 4 8 4 5 9 6 7 43 MOTOR VEHICLE THEFT 16 12 12 19 IB 10 12 99 NEGLIGENT HOMICIDE - TRAFFIC 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 NON SUPPORT 0 0 0 0 0 0 0 0 OTHER 9 11 7 6 B 5 4 50 PARENTAL RESPONCIBILITY ORDINANCES (SVP) 0 0 0 0 0 0 0 0 PROPERTY - FOUND LOST MISLAID 16 18 28 21 26 27 18 154 DROPERTY RECOVER FOR OTHER AGENCY 3 2 I I 0 I 0 8 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN I 0 0 1 0 0 0 2 PROSTITUTION - OTHER 0 0 0 0 0 0 0 0 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 28 56 31 29 63 27 12 246 RECKLESS DRIVING 1 0 2 2 5 2 1 13 ROBBERY - BANK 0 0 0 0 0 1 0 1 ROBBERY - BUSINESS 0 0 0 0 1 0 0 1 ROBBERY - CAR JACKING 1 1 0 0 0 0 0 2 ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 ROBBERY - HIGHWAY 0 0 1 1 0 0 0 2 ROBBERY - OTHER 1 1 0 0 1 1 1 5 ROBBERY - RESIDENCE 1 0 0 0 0 0 0 1 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 RUNAWAY 17 2 5 11 8 11 5 59 SEX CRIME . CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 0 0 I SEX CRIME - EXPOSER 1 0 0 0 0 0 1 2 SEX CRIME - FORCIBLE SODOMY I 0 0 I 1 0 1 4 SEX CRIME INCEST 0 0 0 0 0 0 0 D SEX CRIME - ,MOLEST (PHYSICAL) 0 2 4 3 3 1 3 16 SEX CRIME - NON FORCE SODOMY 0 0 0 0 0 0 0 0 37 DATE 9/2112004 TIME: 15.39:02 ORI#: OR0240500 WPD CHARGE DESCRIPTION MONTHLY CRIMINAL OFFENSES FOR JANUARY THRU JULY 2004 RESULTS FOR ALL OFFENSES JAN FEB MAR APR MAY JUN JLY PL6860 SCOTTRU - - - - ~. - - - - - - - - - - - - - - - - -- - - - - - - - -- - - - - - - - - - - - - - - - - - - - --- ~. - - - - - - - - - - - - -- ~ -. - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - ~ - - - - - - - - - - - - - - - -- TOTAL SEX CRIME - NON-FORCE RAPE SEX CRIME - OBSCENE PHONE CALL SEX CRIME - OTHER SEX CRIME - PEEPING TOM SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT STALKER STOLEN PROPERTY - RECEIVING. BUY ING. POSSESSING SUICIDE THEFT - BICYCLE THEFT - BUILDING THEFT - COIN OP MACHINE THEFT - FROM MOTOR VEHICLE THEFT - MOTOR VEHICLE PARTS/ACCESSORIES THEFT - OTHER THEFT - PICKPOCKET THEFT - PURSE SNATCH THEFT - SHOPLIFT TRAFFIC ORDINANCES TRAFFIC VIOLATIONS TRESPASS UNKNOWN VANDALISM VEHICLE RECOVERD FOR OTHER AGENCY WARRANT ARREST FOR OUR AGENCY WEAPON - CARRY CONCEALED WEAPON - EX FELON IN POSSESSION WEAPON - OTHER WEAPON - POSSESS ILLEGAL WEAPON - SHOOTING IN PROHIBITED AREA WILLFUL MURDER ZONING ORDINANCE o I 1 I o 0 0 0 000 0 o 0 0 0 o 0 0 0 o 0 0 0 o 0 I 0 o 0 1 1 I 000 2 146 7 363 o 0 0 0 30 31 34 39 I 0 I I II 14 14 28 o 000 I 012 15 14 18 12 61 53 73 20 37 37 14 1 6 356 o 000 29 33 49 76 3 3 4 2 1 1 1 0 o 144 o 100 o 000 1 300 o 0 0 0 o 0 0 0 11 4 8 7 o 1 1 0 o 0 o 0 o 0 o 0 o 0 2 1 o 0 4 4 3 7 o 0 28 20 3 2 20 24 1 0 3 0 11 13 19 21 2 7 6 4 o 0 26 33 4 2 1 4 2 2 o 0 o 0 o 0 o 0 o 0 5 6 I o o o o o o o 2 6 3 o 19 3 13 o 1 6 14 8 6 o 23 4 1 1 o o o o D 5 TOTAL: ++----------------------...--------------------------- 541 544 580 494 497 439 333 5 I o o o o I 5 3 27 32 o 201 11 124 1 8 89 261 106 36 o 269 22 9 14 1 o 4 o o 46 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ 4 _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3428 2004 TOTAL: 2003 TOTAL: 2002 TOTAL: 541 544 580 494 497 439 333 520 360 437 459 567 570 470 100 000 0 38 o o o o o o o o o o o o o o o 3428 3383 I . -, .~- ~-,...- DATE: 9/2112004 PL6850 TIME 15:38:36 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU JULY 2004 SCOTTRU ORI# OR0240500 WPD RESULTS FOR ALL CHARGES CHARGE OESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL ------------- -------- ------------------------------.--------.------...--------------------------.----- --------------_.-- AGGRAVATED ASSAULT 0 0 0 3 1 1 8 13 AGGRAVATED MURDER 0 0 0 0 0 0 0 0 ANIMAL ORDINANCES 0 0 0 0 0 0 1 1 ARSON 0 0 0 0 1 1 0 2 ASSAULT SIMPLE 10 3 14 8 7 13 13 68 ATTEMPTED MURDER 0 0 0 0 0 0 1 1 BOMB THREAT 0 0 0 0 0 0 0 0 BURGLARY - BUSINESS 0 1 0 0 5 0 0 6 BURGLARY - OTHER STRUCTURE 0 0 1 0 0 0 0 I BURGLARY - RESIDENCE 0 3 0 2 1 0 1 7 CHILD ADBANDOMENT 0 0 0 1 0 0 0 1 CHILD NEGLECT 0 0 0 0 0 0 2 2 CITY ORDINANCE 0 0 0 2 0 1 1 4 CRIME DAMAGE-NO VANDALISM OR ARSON 6 3 1 3 10 1 2 26 CURFEW 4 2 0 0 3 9 0 lB CUSTDDIAL INTERFERENCE 0 0 0 0 0 0 0 0 CUSTODY - DETOX 2 2 3 3 4 5 6 25 CUSTODY - MENTAL 0 1 0 1 0 2 0 4 CUSTODY - PROTECITVE 2 0 0 0 0 0 0 2 DISORDERLY CONDUCT 2 9 4 5 5 7 3 35 DOCUMENTATION 0 0 0 0 0 0 0 0 DRINKING IN PUBLIC 0 0 0 0 1 1 1 3 DRIVING UNDER INFLUENCE B 12 7 10 5 11 5 58 DRUG LAW VIOLATIONS 30 3 12 19 23 18 14 119 DRUG PARAPHERNALIA 0 0 0 0 0 0 0 0 DWS/REVOKED - FELONY 0 0 0 0 0 0 0 0 DWS/REVOKED-MISOEMEANOR 7 9 3 1 5 2 1 28 ELUDE 0 0 1 1 1 2 2 7 EMBEZZLEMENT 0 0 0 0 0 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 0 0 0 0 0 EXTORTION/BLACKMAIL 0 0 0 0 0 0 0 0 FAIL TO DISPLAY OPERATORS LICENSE 6 5 5 3 2 2 2 25 FAMILY-OTHER 0 0 0 0 0 0 0 0 FORCIBLE RAPE 0 0 0 0 0 0 0 0 FORGERY/COUNTERFEITING 4 0 10 4 5 B I 32 FRAUD - ACCOUNT CLOSED CHECK 0 0 2 0 0 0 0 2 FRAUD - BY DECEPTION/FALSE PRETENSES 0 1 1 0 0 0 0 2 FRAUD - CREDIT CARD/AUTOMATIC TELLER MACHINE 0 1 0 0 0 0 0 1 FRAUD - IMPERSONATIDN 0 4 3 0 0 0 0 7 FRAUD - NOT SUFFICIENT FUNDS CHECK 0 0 0 0 0 0 0 0 FRAUD - OF SERVICES/FALSE PRETENSES 0 0 0 0 0 0 0 [1 FRAUD-OTHER 0 0 0 0 0 1 0 I FUGITIVE ARREST FOR ANOTHER AGENCY 32 34 36 31 40 54 31 258 FURNISHING 0 0 0 0 0 1 0 I GAM8LING - GAMES 0 0 0 0 0 0 0 0 GAMBLING - OTHER 0 0 0 0 0 0 0 0 GARBAGE LITTERING 0 0 0 1 0 0 0 I HIT AND RUN FELONY 0 1 2 0 1 0 0 4 HIT AND RUN-MISDEMEANOR 2 2 2 0 1 2 I 10 ILLEGAL ALIEN - INS HOLD 0 0 0 I 1 1 0 3 INTIMIDATION /OTHER CRIMINAL THREAT 4 1 1 1 2 3 8 20 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 0 0 0 3 3 39 .--..-""'. ..v"....u...., " , v, '........ .......f"..... DATE: 9/21/2004 PL6850 TIME: 15:38:36 MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU JULY 2004 SCOTTRU ORI#: OR0240500 WPO RESULTS FOR ALL CHARGES CHARGE OESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL .--------- -------_.--------- ----------. _______________________________.________________________________44_________ KIDNAP - FOR RANSOM 0 0 0 0 0 0 0 0 KIDNAP - HI-JACK.TERRORIST 0 0 0 0 0 0 0 0 KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNESS 0 0 0 0 0 0 0 0 LICENSING ORDINANCES 0 0 0 0 0 0 0 0 LIQUOR LAW-OTHER 0 0 0 0 0 0 0 0 MINOR IN POSSESSION 5 4 4 8 6 8 3 38 MINOR ON PREMISES 0 0 0 0 0 0 0 0 MISCELLANEOUS 0 0 0 0 0 0 0 0 "OTOR VEHICLE THEFT 1 4 2 6 0 0 I 14 NEGLIGENT HOMICIOE - TRAFFIC 0 0 0 0 0 0 0 0 NEGLIGENT MANSLAUGHTER 0 0 0 0 0 0 0 0 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 0 0 0 0 OTHER 9 13 B 15 7 3 6 61 PROPERTY - FOUND LOST MISLAIO 0 0 0 0 0 0 0 0 PROPERTY RECOVER FOR OTHER AGENCY 1 0 0 0 0 0 0 1 PROSTITUTION - COMPEL 0 0 0 0 0 0 0 0 PROSTITUTION - ENGAGE IN 0 0 0 1 0 0 0 1 PROSTITUTION - PROMOTE 0 0 0 0 0 0 0 0 PUBLIC HEALTH AND SAFETY ORDINANCES 0 0 0 0 0 0 0 0 RECKLESS DRIVING 1 0 2 2 4 3 1 13 ROBBERY - BANK 0 0 0 0 0 0 0 0 ROBBERY - BUSINESS 0 0 1 0 1 0 0 2 ROBBERY - CAR JACKING 0 1 0 0 0 0 0 1 ROBBERY - CONV.STORE 0 0 0 0 0 0 0 0 ROBBERY - HIGHWAY 0 0 0 0 0 0 0 0 ROBBERY - OTHER 0 3 0 0 0 0 0 3 ROBBERY - RESIOENCE 0 0 0 0 0 0 0 0 ROBBERY - SERVICE STATION 0 0 0 0 0 0 0 0 RUNAWAY 5 0 5 3 2 2 1 18 SEX CRIME - CONTRIBUTE TO SEX OELINQUENCY 0 0 0 0 0 0 0 0 SEX CRIME - EXPOSER 0 0 0 0 0 0 1 1 SEX CRIME - FORCIBLE SODOMY 0 0 0 1 0 0 0 1 SEX CRIME - INCEST 0 0 0 0 0 0 0 0 SEX CRIME - MOLEST (PHYSICAL) 0 0 0 0 0 0 0 0 SEX CRIME - NON FORCE SOOOMY 0 0 0 0 0 0 0 0 SEX CRIME - NON-FORCE RAPE 0 0 0 0 0 0 0 0 SEX CRIME - OBSCENE PHONE CALL 0 0 0 0 0 0 0 0 SEX CRIME - OTHER 0 0 0 0 0 0 0 0 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 0 0 0 0 SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 0 0 0 0 0 0 0 STALKER 0 0 0 0 0 0 0 0 STOLEN PROPERTY - RECEIVING.BUYING.POSSESSING 2 4 1 2 3 3 0 15 SUICIDE 0 0 0 0 0 0 0 0 THEFT. BICYCLE 0 0 2 0 0 0 0 2 THEFT - BUILOING 1 3 3 0 5 0 0 12 THEFT - COIN OP MACHINE 0 0 0 0 0 0 0 0 THEFT - FROM MOTOR VEHICLE 3 1 0 2 0 0 1 7 THEFT - MOTOR VEHICLE PARTS/ACCESSORIES 0 0 0 0 0 0 0 0 THEFT - OTHER 4 1 5 1 2 4 2 19 THEFT - PICKPOCKET 0 0 0 0 0 0 0 0 ;!lEFT - PURSE SNATCH 0 0 0 0 0 0 0 0 THEFT . SHOPLIFT 14 14 17 12 11 12 5 85 40 ----..-.._~ DATE 9/21/2004 TIME 15:38.36 ORI#: OR0240500 WPo MONTHLY ARRESTS BY OFFENSE FOR JANUARY THRU JULY 2004 RESULTS FOR ALL CHARGES PL6B50 SCoTTRU CHARGE OESCRIPTION JAN FEB MAR APR MAY JUN JLY TOTAL ~---------------~-----------_._-----------_.-----~_.-------~-----------~-~-----~.--_._-------------- TRAFFIC ORDINANCES 0 0 0 0 0 0 0 0 TRAFFIC VIOLATIONS 33 40 32 14 19 22 13 173 TRESPASS 7 3 B B B 5 4 43 VANDALISM 1 0 9 16 0 6 3 35 VEHICLE RECoVERo FOR OTHER AGENCY 0 2 0 0 0 1 1 4 WARRANT ARREST FOR OUR AGENCY 1 0 0 0 0 1 0 2 WEAPON - CARRY CONCEALED 0 1 4 4 2 2 0 13 WEAPON - EX FELON IN POSSESSION 0 0 1 0 1 0 1 3 WEAPON - POSSESS ILLEGAL 1 3 0 0 0 0 0 4 WEAPON - SHOOTING IN PROHIBITED AREA 0 0 0 0 0 0 0 0 WILLFUL MURDER D 0 0 0 0 0 0 0 ZONING ORDINANCE 0 0 0 0 0 0 0 0 --------------------- --------------------------------------.----------------~---------_._----------~-------------------- ---------- 2004 TOTAL: 20B 194 212 195 195 21B 150 0 0 0 0 0 1372 2003 TOTAL: 202 14B 164 190 221 196 230 0 0 0 0 0 1351 2002 TOTAL: 0 0 0 0 0 0 0 0 0 0 0 0 0 41 ~ ;.0 = ~ .. 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Q o ~ .. .. .. ;.0 :1:8 ..-i"": ~ ' ~ N '! . u . t II! is 88 ;t-7 N '"' ~ o o N .; 8 N 0< ~ ~ - .. ::I o .. .. .. ... 8 .c:l N .. - .. . 8 8 ." <.> t:: t:: ~ = ~5e!~<- <.a~!f:... .. ~ 5.- is.!!: :I ~~:;*8> 42 8 N .. .. .. .. ." .. ~ <( .. - .. Q o ~ ~ gJ g ;.oN '" - ~jg~ .-.: u ,2 ~ :;; - <II .8 ~ <II <II '0 ,~ E ~ s.2 ~ ~~~.s!!8 ~ . SF !: ~ '! ~ or. ~ g N <( ~ ~ .r :!! :l: ,,; N 0< ~ ~ ::i ~ ~ ~ v ~ ;; s . .. ." S ~ . >- ;; s .. c ~ ~ --~-r ~~~ ~~ WOQDBURN I,! , .' , I' " r 'I , ," I /I S ~ ~,~ 8G . . September 23, 2004 TO: FROM: Mayor and City Council through City Administrator '\ D. Randall Westrick, Recreation and Parks Director rr-' SUBJECT: Feasibility Application for the Development of Ray and Joan Kroc Corps Community Center RECOMMENDATION: Receive the report. BACKGROUND: Last summer the Mayor appointed the Community Center Task Force to review options to replace the closed Woodburn Community Center and recommend a strategy to construct a new facility that will serve Woodburn for the next 20 to 25 years. The City retained Rural Development Initiatives (RDI) to assist with assessing community need, developing a building program and analyzing site opportunities. The building program suggests a building that includes the following facilities: o Ballroom +/- 7,500 sf o Medium size multipurpose room o 2 or 3 class/meeting rooms o Offices o Gymnasium o Fitness facility o Weight room o Movement studio. The Task Force has reviewed a variety of site options. While no specific sites are recommended, the Task Force has reached consensus that two sites are needed. The Task Force is interested in pursuing a split site that would place the sports and fitness facilities near the Aquatic Center thereby developing a recreation/fitness complex by combining the Aquatic Center programs and facilities with the similar sports and fitness programs and facilities described above. The ballroom, Agenda Item Review: City Administrator-._ City Attorney ,vt1..~ FinanC61 43 . -'~'''' ~ . __0____"___"". Mayor and City Council September 23. 2004 Page 2 . . multipurpose room and class/meeting rooms would be developed at either Legion Park or Centennial Park area site. DISCUSSION: Depending upon the location. construction and acquisition costs for the project could be $5-6 million. Among the work that faces the Task Force is identifying and securing funding for the project. The Recreation and Parks Department has recently become aware of a significant opportunity to fund the project through the Ray and Joan Kroc Corps Community Center program administered by the Salvation Army. The Ray and Joan Kroc Corps Community Centers concept proposes facilities that .are owned and operated by the Salvation Army. Similar facilities now operating in San Diego operate very similarly to YMCA's. In fact. the Salvation Army could contract with the City to organize programs, activities and special events. The Salvation Army Western Territory has established a three-step process for the award of Kroc Funds. They are now accepting Feasibility Applications that will "pre-qualify" applicants. This application is due October 1. 2004. To complete the pre-qualification process. applicants are required to make a presentation before the Oregon Kroc Initiative Process Task Force on October 8,2004. Future steps in the application process include a Develop Application. This application is only for projects selected through the Feasibility Application process. These projects receiving planning funds to further refine project details. The final step is Development Approval. This non-competitive portion of the process is only for projects that have successfully competed and received approval through the Feasibility and Developmental Applications. This phase determines the final amounts of developmental and endowment funds to be awarded. The Territorial Headquarters is now asking for Feasibility Applications for projects totaling less than $30 million or more than $30 million. Grants include money for capital improvements as well as an endowment to assure perpetual operation of the facility. The Recreation and Parks Department is now assembling Feasibility Application materials for submission to the Territorial Headquarters on October 1 st. A 44 ,.'-...- Mayor and City Council September 23, 2004 Page 3 . . successful Feasibility Application will not result in an approve project. However, success in this phase of the application process will result in funding to continue to develop a plan. This plan will be valuable even if a Kroc Center is not located in Woodburn. FINANCIAL IMPACT: The Feasibility Application will require no funding from the City. However, a successful Feasibility Application will result in funds to continue planning and could result in funding for community center construction and operation. cc: Recreation and Parks Board Community Center Task Force 45 ~ .__.__...,..___,...........4....'.._......._ _,'0.__," m . !' ~ WOODBURN 1~{orporattJ 1889 ~~ 8H . . FROM: September 22, 2004 Mayor and City Council through City Administrator & P Randy Rohman, Public Works Program Manager,...e--1 TO: SUBJECT: Modified Scope of Fall Leaf Collection INFORMATION: The fall leaf pickup in the city begins November 1, 2004. To inform residents of this program, the attached leaf program flyer in English and Spanish will be distributed to city residents with the October 2004 water and sewer bill. Residents will be asked to reduce placement of right of way leaves in the street. Information on the program will also be available on the City website. The Woodburn Independent will be asked to provide information on the leaf collection program in the paper. Other options for disposal include composting, disposal in yard debris carts and hauling to the North Marion Disposal Facility off Crosby Road. . BACKGROUND: In September 2003 City Council approved a modified leaf pickup program. The modified program included: 1. Twice weekly sweeping for the downtown core area, Settlemier Avenue and West Hayes Street bike path. Leaves only (no branches or tree limbs) from the street right of way can be raked in the street. Leaves from the remainder of the resident's property will not be allowed to be placed in the street. 2. The remainder of the city will be swept on a monthly basis and leaves will not be allowed to be placed on the street pavement. 3. Residents can drop off leaves at various collection sites. These permanent sites during the fall season will be on Cleveland Road, the parking area of Burlingham Park, the Legion Park parking lot and the Dell moor Way entrance to Senior Estates Park. Drop off areas will be marked and rules will be posted at each of the sites. In response to resident concerns after information on the modified program was disseminated, two modifications, with council concurrence, to the program were made. Properties adjacent to Settlemier Park were allowed to put backyard leaves from park trees in the park. Also other properties were advised that right of way trees leaves from the city right of way in the front yard could be raked into the pavement. No other exceptions have been allowed by Council. Agenda Item Review: City Administrat~~/. City Attorney ~ Financ& 46 ...,...~_...-.~ ,.,...,..........., ~ . ,__'h_..~ FALL LEAF PICKUP City Council adopted the following leaf pickup program (program runs from NOVEMBER 1 to DECEMBER 31) for the city. This leaf program is necessary for safety and cost effectiveness. The city will be swept on a monthly basis and leaves from private property will not be allowed to be placed on the street pavement. Sweeper picking up leaves. No other heavy equipment is used on the streets. LEAf' DROP OFF SITES a aDen 8:30 AM to 3:30 PM Mon-Sat . 300 Cleveland Avenue . Wastewater Plant at 2815 lI'Iolalla Road a Seven days Der week durina Fall . LegIon Park Parking Lot . Burlingham Park Parking Lot . Senior &tates Park Dellmoor Way Entrance Residents can drop off leaves at one of four collection sites. Three drop off sites have been added. The existing site is at 300 Cleveland Road (south Woodburn). New sites are the parking area of Bur1ingham Park (west Woodburn), the Legion Park parking lot (east Woodburn) and the Dellmoor Way entrance to Senior Estates Park (north Woodburn). Drop off areas will be marked and rules will be posted at each of the sites. Leaves from the resident's private property beyond sidewalks or right or way will not be allowed to be placed in the street. Twice weekly sweeping for the main streets in the downtown core area, between Settlemier to First and Harrison to Oak, where there are numerous large trees. For safety of school children, Settlemier Avenue and West Hayes Street bike path will also be swept twice a week. Leaves only (no branches or tree limbs) from the sidewalk and street right of way can be raked directly into the street without making into a pile I~II NO LEAF PILES IN GUITER Other Options include: . Compost in backyard . Use yard debris cart weekly . Haul to North Marion Disposal Facility ~ Ordinance No. 2225 does not allow leaves from private property to ~~ be placed in the street. This ordinance will be enforced for the City Council adopted leaf collection program. QUESTIONS? CALL 503-982-5240 (Woodburn Public Works Department) 47 ....--.--_.._- 81 MEMORANDUM OPINION NO. 2004-02 TO: Mayor and City Council John Brown, City Administrator FROM: N. Robert Shields, City Attorney DATE: September 24, 2004 RE: Information on Ballot Measure 37 INTRODUCTION Ballot Measure 37 will come before the electorate in November. In many respects it is similar to Ballot Measure 7, an initiative proposed by the voters and passed at the 2000 general election. The Oregon Supreme Court ultimately struck down Ballot Measure 7 because it violated the provision in the Oregon Constitution that prohibits amending multiple, unrelated parts of the Constitution by a single ballot measure. However, this provision is inapplicable to Measure 37 because it is statutory instead of constitutional BASICS OF MEASURE Ballot Measure 37 states that when a public entity "enacts" or "enforces" a land use regulation that restricts the use of property, and has the effect of reducing the value of the property, the public entity must pay the owner compensation equal to the reduction in value. Rather than paying compensation, the public entity may forgo enforcement of the regulation. However, there is no right to compensation if the regulation was enacted before the owner or a "family member" of the owner acquired the property. "Family member" is defined very broadly as spouses, children, parents, certain in-laws, aunts and uncles, nieces and nephews, stepparents, stepchildren, grandparents and grandchildren - or the estates of any of these relatives. Because of this broad definition, compensation could apply to regulations adopted many years ago. INCLUSIONS AND EXCEPTIONS Ballot Measure 37 defines "land use regulations" as: (1) statutes regulating the use ofland or any interest in land; (2) LCDC administrative rules and goals; (3) local government comprehensive plans, zoning ordinances, land division ordinances and transportation ordinances; (4) Metro framework plans, functional plans and planning goals and objectives; and statutes and administrative rules governing farming and forest practices. 48 ~ '" . '-_.._--"-: Mayor and City Council John Brown September 24, 2004 Page 2 Ballot Measure 37 further states that compensation does not apply to: (1) regulations prohibiting activities historically recognized as "nuisances" under common law; (2) public health and safety regulations such as fire and building codes, as well as health, sanitation, solid waste, hazardous waste and pollution control regulations; (3) regulations that are required in order to comply with federal law; (4) regulations prohibiting or restricting pornography or nude dancing; and (5) regulations enacted before the acquisition of the property by the owner or a "family member" . COMPENSATION UNDER THE MEASURE If the regulation was enacted before the effective date of the Measure, a written demand for compensation must be filed within two years of the effective date of the Measure, or the date that the public entity applies the regulation against the property owner, whichever is later. If the regulation is enacted after the effective date of the Measure, a written demand must be made within two years of the enactment of the regulation, or the date that the public entity applies the regulation against the property owner, whichever is later. Instead of paying compensation, the public entity may elect to "modify, remove or not to apply the land use regulation. . . to allow the owner to use the property for a use permitted at the time the owner acquired the property." The Measure purports to allow the offending regulation to be ignored by the public entity despite the contrary legal requirements contained in other statues. If 180 days after a written demand is made the public entity continues to enforce the regulation against the property, the public entity must pay the property owner an amount equal to the reduction in the fair market value of the property resulting from the enactment or enforcement of the regulation. If the public entity fails to pay, the property owner may sue in Circuit Court for the compensation plus attorney fees, court costs and any other "reasonably incurred" expenses. ApPLICATION OF THE MEASURE If Ballot Measure 37 becomes law it would apply to any regulations within the Woodburn Comprehensive Plan and the Woodburn Development Ordinance (WDO) that "restrict the use of property." Interestingly, "restrict the use of property" is not defined by the Measure. However, almost any regulation within the Comprehensive Plan or WDO could arguably restrict the use of property in some way. The passage of Ballot Measure 37 would change the entire legal landscape of land use regulation and inevitably lead to litigation. Many of the issues that would surface are not even addressed by the Measure. Just some of these issues are: . No process is contained in the Measure as to how a public entity decides when to pay compensation and when to release a property from regulations. 49 - --T' Mayor and City Council John Brown September 24, 2004 Page 3 . The Measure also does not address whether rezoning property within the City amounts to "enacting" new regulations for that property, or merely applying previously enacted zone restrictions . Measure 37 does not address annexations . The Measure does not specify whether the term "property owner" includes corporate entities cc: Department Heads 50 ~J,./~ ~ WOODBURN JjhJ~_ j ~ lOA ~f~ I r, ( ~ r I' " r II , c.f I Il ,~ " . . September 27,2004 FROM: Honorable Mayor and City CouncH ,..d/ John C. Brown, City Administrato[>OfP' TO: SUBJECT: Public Hearing - Northwest Natural Franchise RECOMMENDATION: It is recommended the City Council continue the public hearing regarding Northwest Natural Gas Company's franchise agreement until the Council's regular meeting of October 25, 2004. BACKGROUND AND DISCUSSION: A public hearing was scheduled for August 9, 2004 to discuss renewing Northwest Natural Gas Company's franchise agreement. The hearing was continued on August 9, 2004 to the Council's September 13,2004 meeting, then continued again to the Council's September 27, 2004 meeting to allow adequate time to complete franchise negotiations. Franchise negotiations are still underway with Northwest Natural and it is recommended that your Council continue the public hearing on this matter until your regular meeting of October 25, 2004. Northwest Natural has agreed to the extension. Northwest Natural's extended franchise is set to expire September 30,2004. To provide additional time to complete negotiations, conduct the referenced public hearing and prepare a revised franchise based on the outcome of the public hearing, an ordinance which extends the existing franchise until November 15, 2004, will be presented for your consideration as an item of general business on your agenda for September 27, 2004. Agenda Item Review: /' City Administrato~ City AttorneyW(f.~ Finance~ 51 /-', ~~'~A~ ~- WOQDBU~N f fI , ~ r I' a "I r t J 1,~,~ 9 lOB A~'~ . . September 27, 2004 FROM: Honorable Mayor and City Council through City Administrator Jim Mulder, Director of Community Development ~ Appeal of Variance Case File No. 04-10 located at 2875 Newberg Highway. TO: SUBJECT: RECOMMENDATION: In regard to this proposal. the City Council has the following options: (1) Concur with the Planning Commission's decision of denial of Variance Case File No. 04-10. (2) Modify the Planning Commission's decision. (3) Approve Variance Case File No. 04-10. It is recommended that the City Council instruct staff to prepare an ordinance to substantiate its decision. BACKGROUND: On August 19,2004, the Planning Commission adopted a final order denying the applicant's request for variance approval (Variance Case File No. 04-10) to allow for the 35 foot maximum sign height allowed in the CG zone to be increased to 41 % feet (Variance A) and the 75 square foot maximum sign area to be increased to 140.4 square feet (Variance B) for the property located at 2875 Newberg Highway. On September 1, 2004, the applicant filed an appeal of the Planning Commission's decision. This public hearing is to consider that appeal and has been noticed as a de novo hearing which allows new evidence and testimony to be presented by any party. The applicant's appeal request is attached to this report along with the Planning Commission's final order, staff report and minutes. The Planning Commission's decision is attached. Agenda Item Review: City Administrat City Attorney Finane 52 ".- .,...-.-.-......-.."...-. "....~--,._.- m . ---I Honorable Mayor and City Council September 27,2004 Page 2 . . DISCUSSION: None. FINANCIAL IMPACT: There is no financial impact associated with the recommended action. Attachments: Exhibit A: Planning Commission Final Order, dated 8/19/04 Exhibit B: Planning Commission 7/22/04 Staff Report Exhibit C: Planning Commission 7/22/04 Minutes Exhibit D: Notice of Intent to Appeal, dated 9/01/04 53 T .,.~ 1""- -, ~--~",,"'..._'" "'. ..--.-.- m I Due to the length of the exhibits for the public hearing, they are not included in the agenda packet. The entire document has been given to the City Council and is available for review by the public in the City Administrator's office. 54 ;"~i,..._.:;;;~'.J"./~ ~ WOODBURN 11A ~,~ 1~'OfroraleJ 18S9 . . September 27,2004 TO: Honorable Mayor and City Council through City Administrator FROM: John C. Brown, City Administrator SUBJECT: City Administrator Employment Agreement RECOMMENDATION: It is recommended the City Council approve, and authorize the Mayor to execute, the attached Employment Agreement with John C. Brown. BACKGROUND: I am employed pursuant to an employment agreement executed in October 2001. That agreement has a three-year term and provides for my compensation, benefits, working conditions and rights. It requires the Council to evaluate my performance annually, and provides for merit-based salary increases. My compensation was increased in 2002 and 2003 based on your satisfaction with my performance. On September 13, 2004 you evaluated my performance for the past year, found it worthy of a salary increase, offered to increase my compensation, and agreed to minor changes to my employment agreement. DISCUSSION: The attached agreement is for a four-year term, effective October 1, 2004. Contract provisions are largely the same as the previous agreement. I will continue to serve as an at-will employee and may be removed at any time pursuant to a majority vote of the City Council. If that occurs without cause, as defined by the agreement, the agreement entitles me six months of severance pay. Previous contracts provided severance would be paid in a lump sum. The new agreement provides that I may elect to receive severance payment in either a lump sum or in equal monthly payments. This change minimizes the tax liability a lump sum payment could create. I will continue to receive the same benefits and employment conditions, including cost of living adjustments as other management employees of the City. I remain entitled to mileage Agenda Item Review: City Administrator _~_ City Attorney ~ Finane 55 . . ~ . ---.--,- Honorable Mayor and City Council September 27,2004 Page 2 . . reimbursement for travel on city business, and to payment of a limited number of professional memberships. A change in this provision makes membership in the International City Management Association and the Oregon City/County Management Association elective, rather than mandatory. I also remain entitled to travel and subsistence costs for participation in professional organizations and city-related training, to indemnification from liability related to the performance of my professional duties, and bonding if required The Council based its compensation offer on the cumulative result of each member's individual performance evaluation. You ranked my performance in meeting Job Responsibilities, Work Methods, Personal Work Characteristics, and Interpersonal Relations from "consistently meets and frequently exceeds job requirements" to "unique and exceptional performance achieved by few individuals", and you offered me a 3.2 percent salary increase. That percentage is exclusive of any COLA that will be granted to other management employees, to which I am entitled pursuant to my employment agreement. This year COLA is 1.8 percent. and is the same cost of living adjustment to be granted to AFSCME-represented employees effective October 1, 2004. An important component of the annual performance evaluation is setting of mutually agreed-upon goals for the coming evaluation period. In setting these goals for the 2004-05 evaluation period we reaffirmed the importance of completing a number of ongoing activities, and added additional activities to the list. These goals for the coming year include: · Complete Association Hall exterior and seek funding to complete the interior. · Complete Phase I of the Downtown Plaza · Obtain funding for, and complete an urban renewal specific plan · Complete financial transactions related to urban renewal funding for FY 2004/5 through 2009/10. · Commence commencing Phase I of the Front Street improvement project - utility undergrounding and start of construction. · Complete the Boones Ferry/Settlemier widening project. · Complete the Period Review and UGB Expansion process. . Complete the TSP update. . Complete the business license update . Complete the Development Ordinance update . Oversee the revision of the City's purchasing procedures. · Complete evaluation, and transfer organizational responsibility for Museum function to a non-City entity. 56 T- ~_._...,.~-.._....- ~ . --~ Honorable Mayor and City Council September 27, 2004 Page 3 . . · Evaluate and provide a recommendation regarding a City Housing Code · Evaluate and recommend, as appropriate, changes to the Noise Ordinance These goals are, of course, in addition to efforts to coordinate departmental activities to meet the Mayor and Council's goal in a variety of other areas, and the Council's expectations for the conduct of routine City business. FINANCIAL IMPACT: The attached agreement increases my base compensation from $107,140 to $110,568 annually, and my total compensation package from approximately $153,242 to $157,571 annually. Total cost increases for 2004-05 are approximately $3,245 are supported by the General Fund and a variety of other operating funds, and are available in the bUdget for 2004-5. 57 ..~ Employment Agreement This Agreement made and entered into this 27th day of September, 2004 by and between the City of Wood bum, an Oregon municipal corporation, hereinafter referred to as "City," and John C. Brown, hereinafter referred to as "Employee," both of whom understand and agree as follows: Witnesseth: WHEREAS, John C. Brown is currently employed at-will by City as City Administrator of the City of Woodburn, as provided by Chapter V, Section 21 of the Woodburn City Charter of 1982, pursuant to an agreement between the parties dated October 8, 200 I ("Previous Agreement"), and an addendum to that Agreement dated September 22, 2003; and WHEREAS, City desires to continue to employ the services of Employee as City Administrator of the City of Woodburn and to provide for him an inducement to remain in such employment; and to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires to continue employment as City Administrator of the City of Woodburn; and WHEREAS, it is the intention ofthe parties that this Agreement supersede and replace in its entirety the Previous Agreement, and Addendum to Previous Agreement. NOW THEREFORE, in consideration ofthe mutual covenants herein contained, the parties agree as follows: 1. Duties City hereby agrees to employ John C. Brown as the City Administrator of the City of Woodburn to perform on a continuing basis the functions and duties which are generally described in the City's Charter and Municipal Ordinances and the Employee's job description, and to perform other legally permissible and proper duties and functions as the City shall from time to time assign. 2. Terms A. Duration and Effective Date. The term of this Agreement shall be for four (4) years commencing on October 1,2004 and ending September 30,2008 at 5:00 PM ("Services Period"). B. At-Will Employment. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City for any reason whatsoever with or without cause to terminate the services of Employee at any time prior to the expiration of the Services Period. C. Extension of Agreement. The term of this agreement may be extended by written consent of the parties for a period of time that is acceptable to both parties. If the parties decide to extend this Agreement, negotiations shall be commenced by March 1, 2008. Page 1 - Employment Agreement 58 .~ 3. Termination for Cause If Employee is terminated during the term of this Agreement for cause, City shall have no obligation to pay the severance pay under this Agreement. For the purposes of this Agreement, "cause" is defined as follows: A. Indictment for an illegal act. If such indictment does not ultimately result in conviction, then Employee shall receive severance pay. Ifthe indictment does ultimately result in a conviction, Employee shall not receive severance pay; or B. Abandonment by Employee of his position as City Administrator; or C. The determination by City that Employee has been guilty offraud, dishonesty or any other act of misconduct in performance of Employee's duties on behalf of City. Such determination by City shall be made in accordance with disciplinary and grievance procedures set forth in the adopted personal policies of the city in force and effect on the date of the alleged misconduct. 4. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from this position with City subject to the provisions of the Agreement. In the event Employee voluntarily resigns this position with City before the expiration ofthe aforesaid term of employment, Employee shall give City a minimum of forty-five (45) days written notice, unless the parties agree otherwise. 5. Severance Pay. In the event Employee is terminated by the City before the expiration of the term of the Services Period, the City shall pay Employee a cash severance payment equal to six (6) months salary, at Employee's rate of pay on the day prior to the date of termination. Employee shall also be entitled to receive payment for accrued but unused vacation and executive leave benefits. At employee's election and pursuant to employee's written instructions at the time of severance, severance pay shall be paid either in a lump sum cash payment within thirty (30) days of the date of termination, or in equal monthly payments. Should employee elect to receive severance pay in equal payments, the number of such monthly payments shall not exceed six (6). 6. Salary During the Services Period, City agrees to pay employee for services rendered a base annual salary of One Hundred Ten Thousand Five Hundred and Sixty Eight Dollars ($110,568) payable in installments at the same time as the regular employees of City are paid. Annually, after a satisfactory evaluation by the City Council, an increase in salary will be negotiated. 7. Use of Automobile Employee shall have reasonable use of a city-owned vehicle to conduct city business. Where Employee elects to use his privately owned vehicle, City shall reimburse Employee for actual business travel at the maximum amount per mile allowed by the Internal Revenue Service. 8. . Executive Leave. In lieu and in place of the administrative leave applicable to other management employees, Employee shall accrue fifteen (15) executive leave days per year. Page 2 - Employment Agreement 59 ~ '--"- 9. Prior Accumulated Leave Employee shall be credited for all the vacation time, annual leave, sick leave, and executive leave which he accumulated during the term of the Previous Agreement and prior to the execution of this agreement. 10. Other Benefits Employee shall receive all other employee benefits regarding wages, hours and other terms and conditions of employment as other permanent management employees ofthe City, including cost ofliving increases (COLA), with the exception that One Hundred Percent (100%) of Employees' retirement and Social Security contributions shall be paid or reimbursed by City. Employee shall be allowed to participate in City's deferred compensation program, but City shall not contribute any deferred compensation funds on Employee's behalf. 11. Performance Evaluation Annually, City and Employee shall define such goals and performance objectives as they may determine necessary for the proper operation of the City in the attachment of the City Council's policy objectives working through and with the City Administrator. These goals and objectives shall be obtainable generally within the time limits as specified in the operating and capital budgets and appropriations provided. A. The City Council shall conduct a written evaluation of Employee on an annual basis. The City Council shall conduct its evaluation of Employee in executive session unless Employee invokes his statutory right to have the evaluation occur in open session. B. In recognition of accomplishments and objectives, and satisfactory performance, an annual merit increase shall be negotiated. 12. Hours of Work Employee shall devote his full time and attention to the duties and responsibilities of his position, and any additional work time reasonably required to discharge the duties and functions as assigned. The parties agree that Employee's position is exempt from overtime and minimum wage requirements. Employee may not be engaged in other employment during time off without the specific written authorization of City. 13. ProCessional Development A. City agrees to budget and pay for the professional fees, dues and subscriptions of Employee which are necessary for the continuation and full participation in international, national, state, regional, and local associations and organizations necessary and desirable for Employee's continued professional growth, participation and advancement. B. City agrees to budget for and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions reasonably adequate to continue the professional development of employee, and to pursue official or other functions for the City. C. City agrees to budget for and pay travel and subsistence expenses for short courses, institutes and seminars that are necessary for professional development. Such seminars may include, but are not limited to attendance at the annual International City/County Management Page 3 - Employment Agreement 60 ~ ~. Association (ICMA) Oregon City/County Management Association (OCCMA) and League of Oregon Cities' Conferences. D. Employee may, at his election, maintain throughout the life of this Agreement, valid memberships in the ICMA, and OCCMA. City shall pay for these memberships. 14. Liability City agrees to indemnify, hold harmless and defend at its expense Employee from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Employee may be subject to arising out of, or resulting from, the performance of his duties hereunder, excepting there from criminal acts or gross negligence. 15. Bonding City shall bear the full cost of any fidelity or other bond required of Employee under any law or ordinance. 16. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to the performance of Employee hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Employee shall perform his duties in accordance with all the laws, ordinances, rules and regulations applicable to his position. C. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. D. Employee acknowledges that he has not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference. City makes no representations, warranties or guarantees, expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement. 17. Notice. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addresses as stated in this Agreement, or at such other address as may hereafter be specified by notice in writing. In lieu of mailing, written notice shall become effective as of the date it is personally delivered to the addressee. Any notice required to be given under the terms and conditions of this Agreement shall be given as follows: City of Woodburn Attention: Mary Tennant, City Recorder 270 Montgomery St. Woodburn, OR 97071 John C. Brown City Administrator 1579 Constitution Avenue Woodburn, OR 97071 Page 4 - Employment Agreement 61 T .,. . 18. Severability If any provision or portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement shall be deemed severable, and shall not be affected and shall remain in full force and effect. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. City of Woodburn Employee John C. Brown Kathryn Figley, Mayor Attest: Approved as to Form: City Attorney Recorder Page 5 - Employment Agreement 62 (-k,l\, ~. WOQDBURN 1";~'I'~ralt,1 J~S~ liB ~,~ . . September 27, 2004 TO: FROM: Honorable Mayor and City Council John C. Brown, City Administrato~ SUBJECT: Northwest Natural Gas Company Franchise Extension RECOMMENDATION: It is recommended the City Council adopt the attached ordinance amending Ordinance No. 2133, the Northwest Natural Gas Company Franchise, to extend the existing franchise until November 15, 2004. BACKGROUND: The City Council set a public hearing for August 9, 2004 to discuss renewing Northwest Natural's franchise. The hearing was extended until September 13, 2004 to allow time to complete franchise negotiations. As Northwest Natural's franchise was set to expire on August 22, 2004, the City Council also approved a franchise extension until September 15, 2004. On September 13, 2004, the Council continued the public hearing until September 27, 2004 and extended the franchise until September 30, 2004 - again to provide adequate time to complete franchise negotiations. DISCUSSION: As of this date, agreement on the terms of a renewal franchise has not been reached with Northwest Natural. Accordingly, it is recommended that the City Council approve another franchise extension until November 15, 2004, which should provide ample time to complete negotiations, to conduct a public hearing on October 25, 2004, and return to Council with a revised franchise agreement on November 8, 2004. An ordinance which extends the existing franchise until November 15, 2004, is attached for your consideration and approval. This agreement has been reviewed by, and is acceptable to, Northwest Natural. Agenda Item Review: City Administr City Attorney ~ Finane 63 r ._. ------.".---.--,.--.. m . .----'.-.---1" Honorable Mayor and City Council September 27,2004 Page 2 . . FINANCIAL IMPACT: Extension of the existing franchise will preserve the City's rights to collect both franchise fees and privilege taxes from Northwest Natural during the extension period. 64 T ,.._' ."...-.". ,._.,.,.~,,~, m . "-_.~-'--'''f'' COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2133. THE NORTHWEST NATURAL GAS COMPANY FRANCHISE. TO EXTEND SAID ORDINANCE UNTIL NOVEMBER 15. 2004 AND DECLARING AN EMERGENCY. WHEREAS. Ordinance No. 2133 grants a franchise to the Northwest Natural Gas Company to operate a gas utility system within the corporate limits of the City of Woodburn; and WHEREAS. according to the terms of this ordinance this franchise expires on August 22, 2004; and WHEREAS. negotiations between the City and Northwest Natural Gas Company are ongoing and a renewal of the franchise is anticipated in the near future; and WHEREAS. on August 9, 2004, the City Council adopted Ordinance No. 2369 which extended the terms of Ordinance 2133 until September 15,2004 to allow for completion of franchise negotiations; and WHEREAS, on September 13, 2004, the City Council adopted Ordinance No. 2372 which extended the terms of Ordinance 2133 until September 30, 2004 to allow for completion of franchise negotiations; and WHEREAS, it has become necessary to further extend the terms of the franchise until November 15, 2004 so that negotiations can be completed; and WHEREAS, under Oregon state law and pursuant to Ordinance No. 2145, the City also has imposed a two percent privilege tax on the gross revenues of Northwest Natural Gas Company; and WHEREAS, pursuant to applicable law, the privilege tax will continue to be collected by the City in addition to the franchise fee; and WHEREAS, Northwest Natural Gas Company has consented to the extension of the franchise under Ordinance No. 2133 and it is in the best interest of the City to amend said ordinance to allow for said extension; NOW, THEREFORE. Page 1 - Council Bill Na. Ordinance No. 65 ,... -- '. ._......."...__.,.._'"-~- - - _..._..~"""" THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The Council finds that Northwest Natural Gas Company has consented to this amendment. Section 2. The terms and conditions of Ordinance No. 2133 are readopted subject to Section 3 below. Section 3. Section 4 of Ordinance No. 2133 is amended to read as follows: Section 4. Duration. This franchise shall expire on November 15, 2004. Section 4. This ordinance being necessary for the immediate preservation for the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage and approval by the Mayor. Approved as to form: rn.'r1r~ City Attorney Q/Z3/2<jJ'f Date! I Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. Ordinance Na. 66 ,. ~. ~4 WOQDBU~N I" <" " r /' " , ~ r (,/ 1 II S '/ ~ ~llC . . September 27, 2004 TO: FROM: Honorable Mayor and City Council through City Administrator John C. Brown, City Administrator~ SUBJECT: Salary and Benefit Adjustments for Non-Union Employees RECOMMENDATION: It is recommended the City Council adopt the attached Resolution Establishing Employee Compensation Including Salary and Benefits, for management/non- union general service employees for the year 2004-05. BACKGROUND: The City Council has traditionally granted the same cost of living adjustment (COLA) to non-represented employees as is negotiated with AFSCME- represented employees. DISCUSSION: The current bargaining agreement with AFSCME provides COLAs based on the Consumer Price Index (W) for the Portland region, effective October 1, 2002, 2003, and 2004. The COLA for 2004, based on the change in the Portland CPI (W) from June 2003 to June 2004, is 1.8 percent. Based on past practice and to avoid salary compaction between the classifications, it is recommended your Council approve the 1.8 percent COLA for management and non-represented employees, effective October 1, 2004. This results in a 1.8 percent cost of living adjustment for the majority of management and full-time, regular part-time and temporary non-union employees, effective October 1, 2004; and continuation of all other current benefits with adjustments for premium increases. COLA adjustments will not be extended to the City Attorney, as his salary adjustment for 2004-05 was approved to include a cost of living adjustment. Agenda Item Review: City Administrato _ City Attorney _ 67 T ~ m . .._-.,.. Honorable Mayor and City Council September 27, 2004 Page 2 . . Schedules detailing the effect of increases on each affected wage classification are included as exhibits to the enabling resolution. FINANCIAL IMPACT: The total cost. all funds, of the recommended COLA for the remainder of fiscal year 2004-5 is estimated at $32,630 and the total annualized cost is estimated at $43,508. The General Fund cost for the remainder of fiscal year 2004-05 is estimated at $18,685. Funding to support 2004-05 costs was appropriated in the current year's budget. 68 r 1-'" ,"4_.,"."~__.',_""_",,,,_ "'_'__"_'_,_,_""" , ...__._.., ."~ ..~______,_.". m I .--,.. COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. WHEREAS, the City Council has reviewed the pay plan and benefit compensation recommendation of the City Administrator as required by Rule 8 of the City's Personnel Policy and Procedure Manual; and WHEREAS, the City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for each City officer and employee; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Effective October I, 2004, the salary range schedule for all management/non- union general service employees shall be increased by a Cost of Living Adjustment (COLA) of 1.8%. A copy of the schedule incorporating said provisions is attached as "Exhibit A". Section 2. The hourly rate schedule for part-time and limited tennltemporary employees is attached hereto as "Exhibit B" and hereby adopted effective October 1,2004. Section 3. Compensation benefits including, but not limited to, health insurance (premium levels same as AFSCME contract provisions), long term disability, life insurance, retirement, deferred compensation, leave allowances, step advancements, and incentive adjustments are hereby maintained at current service levels adjusted for premium increases, or decreases in accordance with agreed upon distributions as contained within the fiscal appro riations of the City of Wood bum. APprovedastoformrn.~ q j 21/'200 tf City Attorney D~te APPROVED KATHRYN FIGLEY, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page I - Council Bill No. Resolution No. 69 r- , .-.......-.'...".,..'-. ,...".~..," NON-UNION GENERAL SERVleE EMPLOYEES EXHIBIT A" SALARY SCHEDULE EFFECTIVE DATE: OCTOBER 1. 2004 GRADE STEP A STEP B STEP C STEP D STEP E 01 Admn Secretary 2,754 2,891 3,036 3,188 3,267 Teen Scene Program Mgr 02 2891 3,036 3,188 3,347 3.431 03 Asst. Aquatic Mgr 3036 3,188 3.347 3.514 3,602 Executive/Legal Assistant Rec Coord I 04 Rec Coord II 3188 3,347 3,514 3,690 3,782 RSVP Program Coord Information Systems Specialist 05 3.347 3,514 3,690 3,875 3,971 06 Records Supervisor 3,514 3.690 3.875 4.069 4,170 Recreation Supervisor Water System Supervisor Street & Sewer line Main! Suprv 07 Mgmt Analyst II 3,690 3,875 4,069 4,272 4,379 Camm. Relations Officer 08 Ass! WWTP Supt 3,875 4,069 4,272 4.486 4,598 Water Superintendent Street I Maintenance Supt. Senior Planner Asst. Library Director 09 Senior Engineering Tech. 4,069 4,272 4.486 4.710 4,828 10 4,272 4.486 4.710 4,946 5,069 11 WWTP Superintendent 4.486 4,710 4,946 5,193 5,323 12 4,710 4,946 5,193 5.453 5,589 13 Parks & Rec Director 4,946 5,193 5.453 5.726 5,868 Public Works Mgr Project Engineer 14 Finance Director 5.193 5.453 5,726 6,012 6,163 Asst. City Engineer 15 5.453 5,726 6,012 6,313 6.470 16 5,726 6,012 6,313 6.629 6.794 17 6.012 6,313 6.629 6,960 7.134 18 6,313 6,629 6.960 7,308 7.491 FLAT RATE: Community Development Oir. 6.414 Library Director 5,851 Public Works Director 8.723 City Attorney 7,853 .. City Administrator 9,380 Ass! City Attorney $3198 per hour City Recorder 5,701 Building Official 5,701 Fa.cilities & Aquatics Manager 3,876 Rates rounded to the nearest whole number ,. Salary includes COLA per contract effective August 1, 2004 70 . ""-0." -..,..-.-. .__..._<,..M"""". ~''-__'''_' - - .----""" Exhibit "B" HOURLY RATES FOR PART .TIME AND LIMITED TERM I TEMPORARY EMPLOYEES EFFECTIVE OCTOBER 1, 2004 RANGE STEP A STEP B STEP C STEP D STEP E PT -1.0 LIBRARY PAGE 7.05 7.40 7.77 8.16 8.57 CLERICAL AIDE PARK MAl NT. AIDE PT -4.0 PARK MAINT. WORKER 7.80 8.19 8.60 9.03 9.48 PT -7.0 CLERK I 9.45 9.92 10.42 10.94 11.48 PT -7.5 CUSTODIAN 9.68 10.17 10.67 11.21 11.77 PT -8.0 LIBRARY ASSISTANT 9.92 10.42 10.94 11.48 12.05 PT - 8.5 CLERK II 10.17 10.67 11.21 11.77 12.36 PT - 9.0 10.42 10.94 11.48 12.05 12.65 PT - 9.5 MUNICIPAL COURT CLERK 10.67 11.21 11.77 12.36 12.98 PT - 10.0 RSVP ASSISTANT 10.94 11.48 12.05 12.65 13.28 PT .10.5 CLERK III 11.21 11.77 12.36 12.98 13.63 PT-11.0 BUS DRIVER 11.48 12.05 12.65 13.28 13.94 PT -11.5 11.77 12.36 12.98 13.63 14.31 PT -12.0 ADMN. SECRETARY 12.05 12.65 13.28 13.94 14.64 PT -12.5 12.36 12.98 13.63 14.31 15.03 PT -13.0 EVIDENCE TECH. 12.65 13.28 13.94 14.64 15.37 WWTP LAB HELPER PT -13.5 LIBRARIAN 12.98 13.63 14.31 15.03 15.78 PLANNING TECH. PT -14.0 UTILITY WKR I 13.28 13.94 14.64 15.37 16.14 PERMIT SPECIALIST PT -14.5 13.63 14.31 15.03 15.78 16.57 PT - 15.0 ENGINEERING TECH II 13.94 14.64 15.37 16.14 16.95 DRAFTSMAN PT - 15.5 WWTP OPERATOR' 14.31 15.03 15.78 16.57 17.40 CODE ENFRC OFFICER 71 r ...._..-.~~...,..,,_.~ m I '-""'-'-:'" ~. WOQDBURN J~("'I"'UIUJ! RS'/ liD ~~ . . September 21,2004 TO: FROM: Mayor and City Council through City Administrator Julie Moor~ Tech III through Public Works Director ~ SUBJECT: STOP sign installation on Meridian Court and Meridian Drive at intersection of Hazelnut Drive RECOMMENDATION: It is recommended that Council approve the attached resolution to allow the installation of STOP signs on Meridian Court and Meridian Drive where these streets intersect with Hazelnut Drive in the Goose Hollow Subdivision. BACKGROUND: A new subdivision, Goose Hollow, has recently been completed which connected two new streets, Meridian Court and Meridian Drive to Hazelnut Drive. New homes are currently under construction within the new subdivision making the need for STOP signs a necessity. DISCUSSION: The Manual of Uniform Traffic Control Devices (MUTCD) states that STOP signs can be warranted on a street entering a through highway or street or with the intersection of a less important road with a main road where the normal right-of- way rule is unduly hazardous. Hazelnut Drive is a classified in the Woodburn Transportation System Plan as an access street. Meridian Court and Meridian Drive are classified as local streets. Therefore it is recommended that the attached resolution be approved to allow the installation of the stop signs on Meridian Court and Meridian Drive at the intersection of Hazelnut Drive. FINANCIAL IMPACT: City will provide the labor to install the signs. Developer will provide the materials. Agenda Item Review: City Administrator _ City Attorney ~ Finane 72 y .,. - ...,-~ COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON MERIDIAN COURT AND MERIDIAN DRIVE AT THE INTERSECTION OF HAZELNUT DRIVE. WHEREAS, ORS Chapter 810 grants to the City ofW oodbum, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that STOP signs be placed on Meridian Court and Meridian Drive at the intersection of Hazelnut Drive, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP signs be installed on Meridian Court and Meridian Drive where they intersect with Hazelnut Drive. Approved as to form~ .~~ City Attorney ~z 3)70:74- Date I Approved: Kathryn Figley, Mayor Passed by Council Subrnitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Wood bum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 73 9 EB MILLER FARM RD -; c: ^ ~ !; CJ ;0 T' 1"-'. liE ~,~ . . September 22, 2004 TO: FROM: Mayor and City Council through City Administrator Julie Moore~E. Tech III through Public Works Director ~ SUBJECT: STOP sign Installation on Cozy Way, North Court and Maplewood Court where they Intersect with West Lincoln Street RECOMMENDATION: It is recommended that Council approve the attached resolution to allow the installation of STOP signs on Cozy Way, North Court and Maplewood Court where these streets intersect with West Lincoln Street. BACKGROUND: Two new subdivisions, Lincoln Estates and Maplewood Estates, have recently been completed which connected three new streets Cozy Way, North Court and Maplewood Court to West Lincoln. As part of these developments West Lincoln Street was improved to full street improvements from Kotka Street to Cascade Drive eliminating a section of gravel surface. New homes are currently under construction within these new subdivisions making the need for STOP signs a necessity. DISCUSSION: The Manual of Uniform Traffic Control Devices (MUTCD) states that STOP signs can be warranted on a street entering a through highway or street or with the intersection of a less important road with a main road where the normal right-of- way rule is unduly hazardous. The Woodburn Transportation System Plan (TSP) does not list this section of West Lincoln as an access street or service collector. However, with the road improvement eliminating the gravel portion, new subdivision streets connecting to it, and school traffic in the vicinity, this street will attract more traffic than regular residential streets. Therefore it is recommended that the attached resolution be approved to allow the installation of the stop signs on Cozy Way, North Court and Maplewood Court where they intersect with West Lincoln Street. FINANCIAL IMPACT: Estimated cost for installation of three signs is $250 including materials and labor, which will be funded from the regular Street aintenance Budget. Agenda Item Review: City Administrat City Attorney Finane 75 T .__._...,.._.,_..,."._,--~ - . ..-."-.-- COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED ON COZY WAY, NORTH COURT AND MAPLEWOOD COURT WHERE THEY INTERSECT WITH WEST LINCOLN STREET. WHEREAS, ORS Chapter 810 grants to the City ofW oodbum, the authority to install stop signs at various locations within the City limits, and WHEREAS, the City Council has received and considered the attached staff report recommending that STOP signs be placed on Cozy Way, North Court and Maplewood Court at the intersections with West Lincoln Street, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That STOP signs be installed on Cozy Way, North Court and Maplewood Court where they intersect with West Lincoln Street. Approved as to formm.~ 4U City Attorney '1-1 Z 3}? 0;) 11 Date Approved: Kathryn Figley, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of W oodbum, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. 76 r . .,' -. ...~_..- ,-- ,.----.. .......... ..~-.,--,~ "....~-- ~.-. "" --.--..-..-.,., ._..~_.. ~ . ...--...,.. I 1500 450 T U7 ~ I- I\) VI C.AJ I\) ~1. ..L -~, - - 'v - - ...L.. - . _. - -. .. .-. -J .j:>. OJ /1 --... .AJ s;: ..J... J <OJ Oi I---J ---J 1lJ1--:::;- - / ~ASCADt DF?~ ~ (J) d (J1 ~ I OJ / OJ / j- J.PVrj-- ---J I ---.. (J) ---J ~ ~ I <0 I ~r-" ,..j:>. (J) /~ r,.1 0 ~ <O/<J:)' ---J ~f:./(J)jf},/m m 1'-"- ~ -' C ~ / (J) ---J m N ASCADt OF? OJ ---J ..c?liQ ---. 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September 23, 2004 SUBJECT: Mayor and City Council through City Administrator Scott D. Russell, Chief of pOlice/ Liquor License Change of Ownership TO: FROM: ~COMMENDATION: The Woodburn City Council recommend that the Oregon Liquor Control Commission approve a change of ownership application for EI Armadillo Loco (Formerly Taquerla Arandas). BACKGROUND: Applicant: EI Armadillo Loco 550 N. First Sf. Woodburn, OR 97071 Owner/Manager: Arturo Sanchez 2737 Hazelnut Dr. Woodburn, OR 97071 License Type: Limited on Premise Sales - Allows for the sale and service of malt beverages and wine for consumption on the licensed premises. On September 2, 2004 the Woodburn Police Department received an application requesting approval for a change of ownership for the EI Armadillo Loco formerly known as Taquerla Arandas. Arturo Sanchez Is the owner of the building and has now purchased the business and is applying for a license. Agenda Item Review: City Administrat6?' _ City Attorney ~ Finanee 78 " -..... ..~^-~ ,.",._",--, ~ . ,-.--,.-.,.. Mayor and City Council September 23, 2004 Page 2 . . During the last 12 months the Police Department handled 9 Incidents at Taqueria Arandas. None of these incidents were liquor law violations by the business. The restaurant will operate 7 days per week. between the hours of 08:00 AM and 11:00 PM. Arturo Sanchez has agreed to enter into the attatched compliance plan with the Woodburn Police Department that is consistent with other compliance plans in the downtown area and which will further limit the business activities. The entertainment wili be recorded music and some live acoustic music. The police department has received no communication from the publiC or surrounding businesses in support of or against the change of ownership. DISCUSSION: The police department has completed a limited background investigation on the applicant business and found nothing of a questionable nature. An in- depth investigation was completed on the owner and no offenses that would preclude a license being issued or Items of a questionable nature were located. FINANCIAL IMPACT: None 79 T .. ,..-.....1""" m 1 -----T WOODBURN POLICE DEPARTMENT 270 Montgomery Street, Woodburn OR 97071 503-982-2345 O.L.C.C COMPLIANCE ACTION PLAN Business: El Armadillo Loco SSO N. First St Woodburn OR 97071 . 1. Alcoholic beverages will be served only with meals ordered and consumed on the pri:mi.ses 2. No alcoholic beverages will be sold before 10:00 am, or after 10:00 pm. 3. Require all employees to attend and successfully complete an alcohol server's class approved by the OLCC prior to serving any alcoholic beverage to any customer. 4. No dancing will be allowed in the establishment. 5. Live music is limited to Mariachi band. 6. Designated manager or owner will be on premises at all times. 7. For special functions (private parties), applicant shall provide notification of such an event to the Chief of Police seven days in advance. 8. Will bar any patrons who are reasonably suspected of, or observed engaged in, illegal drug or criminal activity. / ? -;V..t!)o/ ,*3/-07 J ~ r?uMtJ.L Sanchez, Owner Date EI Armadillo Loco Scott Russell, Chief of Police Date Woodburn Police Department 80 .. .. - - '~ / L_SEP - 2 2004 I .WC"~" ". ~...l I .. ,. 'Ji.. C. , j , CITY Of \"C:VLJL,'. ,~ . Individuals lJ Limited Partnenlhlp 1. Appllcant(s): [See SECTION 1 d1lhe Guide] <D /J,1"''r"n .C;a-...d"_7 @ <>> EL I1A-Mul.1', (,I en Ii> 2. Trade Name (dba):4-t. ~ r;'~ ~ 11_- - ~ 11- [ 1i. ~-'J S~F:-! ; A-.. J 3. Business Location: SSO AJ J:j'rs-} S-J... W",A~N\ Wltn.IM c;~ q)~71 (n_. -. nnI roullo) (city) (~). (_) (ZIP code) 4. Business Mailing Address: :;.? 37 Jl,..1.e-A. '" I lJl' w"A.......... ~ q 1~") I (PO baI<, n_, -. nnI rauIo) (dIy) (_) (ZIP code) 50'3'132 .2.t:. ~ lo (phone) 6. Is the business at this location currenUy licensed by OlCC? ~es lJNo 7. If yes to whom: 1S,~.... Sev,,/j I. TypeofUcense: L;'''''' ~/~./ "Y'\ Pr'4.l,;'" c ~ B. Former Business Name:~t.le..r'" tJr ~"/ILA 9. Wit you hsw a manage/? lJYes ..:8fNo Name: (_~, out.. _III hIolaIy form) 10. What Is the local govemlng body where yotlr business Is Ioca. tedt~.......IJ"r '" J m...1' I;"'" A I c-J " ofdlyCO'c:ounty) /' // 11. Contact person for this application: r 'I () r 0 v tt-~ arc. .. S" 3 - ~H J -:J 0 D 6 II . >oJ (name), J ;.' ... ~i'\ ,,'1, (phone I'lJ11b!I(.) :;'737 H4;,....A...". 1>.- r.iI,,<~j1.~ A'l: ()'l ( ra./JJ.:t:<;,J,_~te""sJ/.c.a.. (8dd_) .c,.... (flIll.n~) (......_) ~ .\ .', "- ' . I understand that If my sn_rs are ncrt true and.~pl.ta. the. o~ may deny my license application. Appllcant(s) Slgnature(s) and Date: . '. ',' .'. ".:. I. ; <D ~ J""--: Datet.I,';;dH@',;' ,. ~, f': " ~' "r...: ~ :...~......J.\.........l <>> Date '" .' <i> OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLlCATI SE PRINT OR TYPE SE TYPES ACTIONS lJ FuI On-Premises Sales (S402.601yr) )( Change Ownership lJ Commerclal establishment lJ N_ OuUat lJ Caterer a Greater Privilege lJ Passenger Carrier lJ Additional PrivYege lJ Other Public location i;1( Other 1\~1 r~ lJ Private Club ~ I S':/..... ~6 ~Imlted On-Premlses Sales (5202.60/yr) lJ Olf-P18mises Sales ($1001yr) (J wlth Fuel Pumps lJ Brewery Pubic House ($252.60) lJ Winery ($2501yr) lJ Other: lJ CoIporation lJ limited Ltabillty Company FQJI, CITY AND cOUNTY USI! ONLY The city councH or county commission: (name of cIIy CO' ccunly) recommends that this IICerise be: Granted a Denied a By: (.lgnalul1l) Name: TiUs: (date) OLCC use ~ Application Rec'd by: \'i .. 6 Date: ~20+ 9O-day authority: lJ Yes lJ No 5. Business Numbers: (flIll) Date Date 1-800-452-OLCC (6522) www.o/cc.state.or.us 81 .... , -. 1'""'"-" .,........ (rev. 09/02) - - ~._--,..' ~ WOODBU~N J~ro"oraleJ 18~9 110 ~~ . . September 23, 2004 FROM: Honorable Mayor and City Council through City Administr~ ~ Frank Sinclair, POTW Superintendent through Randy Rohman, Public Works Program Manager TO: SUBJECT: Consultant Selection for Wastewater Treatment Plant Outfall Mixing Zone Study RECOMMENDATION: Select Vigil Agrims Inc. to perform the Wastewater Treatment Plant Outfall Mixing Zone Study and authorize the City Administrator to sign a professional services agreement with Vigil Agrims Inc. BACKGROUND: The City requested proposals for a mixing zone study for the wastewater treatment plant outfall. Proposals were received from CH2MHllllnc.. Kennedy/Jenks Consultants and Vigil Agrims, Inc. All three firms were determined to be qualified and Public Works staff reviewed and ranked the proposals in accordance with the criteria established in the request for proposal. The firm of Vigil Agrims, Inc. was rated the highest of the three firms. DISCUSSION: The mixing zone study is required to update city's local discharge limits calculations for the new treatment facility and heavy metal water quality requirements. The treatment plant staff completes the calculation and compliance document. but because of the new heavy metal water quality requirements the mixing zone study must be contracted to a qualified professional engineering firm. The completed study will be closely examined by DEQ as part of the city's local discharge limit determination. The firm's ability to cooperatively work with DEQ requirements was one of the city's selection criteria. This study will also be used for any future treatment plant expansion or additions. Agenda Item Review: City Administrat City Attorney _ Finane 82 T _""'"'_""~"'_.".~"__'" ..."._....._,._..--..-... ..._ e_._.'__ ...__.~.'____.,"~._~ Honorable Mayor and City Council September 23, 2004 Page 2 . . Mixing zone study is very specialized engineering and few companies in the northwest perform these studies. The proposals received were from local consulting firms that were qualified to accomplish the requested work. After careful review of the proposals against the selection criteria is was determined that Vigil Agrims, Inc. was most qualified to complete the requested mixing zone study. A detailed scope of work will be developed with the selected firm and included as part of the professional services agreement. The scope of work will be in accordance with the work required in the request for proposal. The estimated study cost in the request for proposal from Vigil Agrims, Inc. was $44,950. Vigil Agrims, Inc. was the highest rated firm as a result of staff evaluation against published proposal criteria. Staff is requesting that they be selected and that the City Administrator be authorized to sign a professional services agreement with the firm. FINANCIAL IMPACT: The estimated cost of $45,000 for the mixing zone study will be paid from council approved budgeted amount of $50,000 for this purpose. 83 T" .. > _ __. ~.. "....,,~_,...,.,... _"_","_..,-,,,._,_,_,__u,_ m . --~--,- A PROClAMATION HONORING ROBERTO FRANCO WHEREAS, ROBERTO FRANCO BEGAN HIS CAREER WITH THE FARMWORKER HOUSING DEVELOPMENT CORPORATION IN 1996, AND WAS APPOINTED EXECUTIVE DIRECTOR OF THAT ORGANIZATION IN 1997; AND WHEREAS, AS EXECUTIVE DIRECTOR, ROBERTO FRANCO DEDICATED HIS EFFORTS TO COMMUNITY BUILDING AND PROMOTING DECENT AND AFFORDABLE HOUSING, PREPARATION FOR HOMEOWNERSHIP, AFFORDABLE AND DEPENDABLE CHILDCARE, AND LITERACY, EDUCATION, AND DIGNITY FOR FARMWORKERS; AND WHEREAS, UNDER HIS LEADERSHIP PHASES II AND III OF THE NUEVO AMANACER PROJECT WERE COMPLETED AND ADDED 40 UNITS TO THE ORIGINAL 50 UNITS BUILT IN PHASE I WHICH PROVIDES HOUSING TO APPROXIMATELY 450 INDIVIDUALS, AND BUILT THE CIPRIANO FERREL EDUCATION CENTER WHICH EXTENDS CHILD CARE AND CHILDHOOD AND ADULT EDUCATION OPPORTUNmES TO NUEVO AMANACER RESIDENTS AND TO THE GREATER WOODBURN COMMUNITY; AND WHEREAS, THE NUEVO AMANACER PROJECT RECEIVED A GOVERNOR'S LIVABILITY AWARD IN 2001 AND SERVES AS A PROTOTYPE FOR OTHER FARM WORKER HOUSING PROJECTS, AND THE NUEVO AMANACER TENANT ORGANIZATION IS REGARDED AS A MODEL BY OTHER HOUSING DEVELOPERS; AND WHEREAS, UNDER MR. FRANCO'S LEADERSHIP, THE FHDC: PROVIDED HOME-oWNERSHIP COUNSELING TO 50 FAMILIES AND ASSISTANCE TO 15 FAMILIES TO PURCHASE THEIR OWN HOMES; COMPLETED THE VILLA DEL SOL PROJECT, WHICH CREATED THE OPPORTUNITY FOR SIX FARMWORKER FAMILIES TO REALIZE THE DREAM OF HOMEOWNERSHIP IN WOODBURN; AND HAS SECURED FINANCING FOR COLONIA LrBERTAD, A 48-UNIT DEVELOPMENT IN SOUTH SALEM WHICH IS NOW UNDER CONSTRUCTION; AND WHEREAS, DURING HIS TENURE WITH FHDC, ROBERTO FRANCO MASTERFULLY COORDINATED A VARIETY OF PRIVATE AND PUBLIC FUNDING SOURCES TO MEET THE FHDC MISSION, QUIETLY BUT STEADILY BUILT A STRONG, POSD1VE RELATIONSHIP WITH WOODBURN'S LEADERS AND THE COMMUNITY WHERE ONE HAD NOT EXISTED BEFORE, AND CONSISTENTLY STROVE TO IMPROVE NOT JUST THE LIVES OF FARMWORKERS, BUT OF ALL WOODBURN RESIDENTS; AND WHEREAS, MR. FRANCO LEFT FHDC IN JULY 2004 TO PURSUE EMPLOYMENT WITH THE STATE DEPARTMENT OF HOUSING AND COMMUNITY SERVICES. NOW lliEREFORE, BE IT RESOLVED, THAT 1, KATHRYN FIGLEY, MAYOR OF THE CITY OF WOODBURN PROCLAIM THE CITY OF WOODBURN'S THANKS TO ROBERTO FRANCO FOR HIS LASTING CONTRIBUTION TO AFFORDABLE AND DECENT HOUSING AND FOR HIS CONTRIBUTION TO COMMUNITY BUILDING IN WOODBURN, AND FOR HIS CONTRIBUTION TO THE CAUSE OF EQUITY AND SOCIAL JUSTICE FOR FARMWORKERS IN ALL OREGON COMMUNmES. WE WISH MR. FRANCO ALL THE BEST IN HIS CAREER, IN HIS FUTURE ENDEAVORS, AND IN HIS LIFE. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND CAUSED THE SEAL OF THE CITY OF WOODBURN TO BE AFFIXED THIS 27- DAY OF SEPTEMBER 2004 KATHRYN FIGLEY, MAYOR CITY OF WOODBURN 1'...... ..,. ......~~~ m I ..---....-.-..,.." OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER ~97 This is the time set for publie hearing in Varianee Case File No. 04-~0 for varianee approval.to allow for the 35 foot maximum sign height allowed in the CG zone to be inereased to 41 ~ feet (Varianee A) and the 75 square foot maximum sign area to be inereased to 140.4 square feet (Variance B) for the property loeated at 2875 Newberg Highway. The applieant is Donald Kelley and the property owner is WESMAR Land Company. 1. The law requires the City to list all substantive criteria relevant to eaeh hearing. The applieable substantive eriteria is listed in the notiee of publie hearing and is as follows: WOODBURN SIGN ORDINANCE Section ~~(C) (5) and (6). Signs in commereia1 and Industrial Zones Section ~3. Nonconforming signs WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance The full text of all listed eriteria is printed in the staff report whieh has been distributed prior to this hearing and is also available now for inspeetion by any interested persons. 2. All testimony and evidence must be direeted toward these eriteria or other eriteria in the plan or land use regulation whieh the person testifying believes apply to the decision. please relate your testimony to the listed eriteria. 3. The failure to raise an issue aeeompanied by statements or evidenee suffieient to afford the City couneil and the parties, an opportunity to respond to the issue, preeludes appeal to the Land Use Board of Appeals based on that issue. 4. The failure of the applicant to raise eonstitutional or other issues relating to proposed conditions of approval with suffieient speeifieity to allow this couneil to respond to the issue preeludes an action for damages in eireuit court. 5 . evidentiary testimony. AnY partieipant may request, before the eonelusion of the initial hearing, an opportunity to present additional evidenee or The City couneil shall grant the request by either: (a) eontinuing the publie hearing to a speeifie date and time at least seven days from the date of the initial evidentiary hearing, or Page 1 _ Opening Statement for Land Use Hearings I _.:. OPENING STATEMENT FOR LAND USE HEARINGS REQUIRED BY ORS CHAPTER 197 This is the time set for public hearing in Varianee Case File No. 04-10 for varianee approval to allow for the 35 foot maximum sign height allowed in the CG zone to be inereased to 41 ~ feet (Varianee A) and the 75 square foot maximum sign area to be inereased to 140.4 square feet (Varianee B) for the property loeated at 2875 Newberg Highway. The applieant is Donald Kelley and the property owner is WESMAR Land Company. 1. The law requires the City to list all substantive eriteria relevant to eaeh hearing. The applicable substantive eriteria is listed in the notiee of publie hearing and is as follows: WOODBURN SIGN ORDINANCE Section 11(C) (5) and (6). Signs in Commercial and Industrial Zones Section 13. Nonconforming Signs WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance The full text of all listed eriteria is printed in the staff report which has been distributed prior to this hearing and is also available now for inspeetion by any interested persons. 2. All testimony and evidenee must be direeted toward these eriteria or other criteria in the plan or land use regulation whieh the person testifying believes apply to the deeision. Please relate your testimony to the listed criteria. 3. The failure to raise an issue aceompanied by statements or evidenee sufficient to afford the City Council and the parties, an opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals based on that issue. 4. The failure of the applieant to raise constitutional or other issues relating to proposed eonditions of approval with sufficient speeifieity to allow this Couneil to respond to the issue precludes an action for damages in eircuit eourt. 5. Any partieipant may request, before the eonclusion of the initial evidentiary hearing, an opportunity to present additional evidenee or testimony. The City Council shall grant the request by either: (a) eontinuing the public hearing to a specific date and time at least seven days from the date of the initial evidentiary hearing, or Page 1 - Opening Statement for Land Use Hearings (b) leaving the reeord open for at least seven days for additional written evidenee or testimony. If the hearing is eontinued and new written evidence is submitted at the eontinued hearing, any person may request, prior to the eonelusion of the eontinued hearing, that the reeord be left open for at least seven days to submit additional written evidenee or testimony to respond to the new written evidenee. If the reeord is left open rather than continuing the hearing, any partieipant may file a written request to reopen the record to respond to new evidenee submitted while the record was left open and the City Couneil shall grant that request. The applieant is allowed at least seven days after the reeord is elosed to all other parties, to submit final written arguments, but not new evidenee, in support of the application. 6. If additional doeuments or evidenee are provided by any party, the City Couneil may allow any party to the hearing a eontinuanee of the hearing, or leave the reeord open, to allow the party a reasonable opportunity to respond. 7. Everyone addressing the City Couneil is requested to eome forward, use the mierophone, and begin by giving your full name and address. We wish to hear from everyone who is interested in the proposal. (For those of you who wish to testify, please be sure to fill out the "Hearing Testimony Sign- Up Sheet" located on the table in the hallway). We will now proeeed with the staff report. 1:ICommunity DevelopmentlPlanninglNaomi's FileslWoodburn FilesIORSIWendy'sORS.cc.doc Page 2 - Opening Statement for Land Use Hearings I:XnlDIt n A" IN THE PLANNING COMMISSION OF WOODBURN, OREGON Variance 04.10 ) ) ) FINAL ORDER WHEREAS, a request was made by Donald Kelley, the applicant, and WESMAR Land Company, the property owner, for variance approval to Section 11 (C)(5) and (6) of the Woodbum Sign Ordinance to allow WESMAR Land Company to increase their sign height from the 35 foot maximum sign height allowed by the Woodbum Sign Ordinance (WSO) in the CG zone to 41 Yz feet (Variance Al and to increase the 75 square foot maximum sign area to 140.4 square feet (Variance B), and; WHEREAS, the Planning Commission reviewed the matter at their meeting of July 22, 2004, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant, and other interested persons, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to deny Variance 04-10 and instrueted staff to prepare findings and conclusions. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission denies Variance 04-10 based on the findings and conclusions contained in Exhibit "An which are attached hereto and by reference incorporated herein. Approved: /tLc~~ Claudio Lima, Chairperson o,r)<;/oy Date Final Order - Variance 04-10 Page 1 ...,.-... ,...--....... . .~.._,~ -. _....-_....__.~..~..- w . ~-,._._- EXHIBIT "A" FINDINGS & CONCLUSIONS Variance 04.10 I. APPLICATION INFORMATION Applicant: Donald Kelley 110 N. Second Street Silverton, OR 97381 Property Owner: WESMAR Land Company 42874 Old Wingville Road Baker City, OR 97814 ApplicatIon Deemed Complete: June 17, 2004 120-Day Rule Deadline: October 15, 2004 II. NATURE OF APPLICATION: The applicant requests variance approval to Section 11 (C)(5) and (6) of the Woodbum Sign Ordinance to allow W ESMAR Land Company to increase their sign height from the 35 foot maximum sign height allowed by the Woodburn Sign Ordinance (WSO) in the CG zone to 41 Y. feet (Variance A) and to increase the 75 square foot maximum sign area to 140.4 square feet (Variance B). III. RELEVANT FACTS: The subject site is located at 2875 Newberg Highway. It is further identified on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 12AC, Tax Lots: #4900 and 5000. The subject property is zoned Commercial General (CG), designated commercial on the Woodburn Comprehensive Plan Map, and is located approximately 440 feet east of Interstate-5 (1-5) and its interchange with Newberg Highway. The applicant, WESMAR Land Company, is the landowner. Wendy's restaurant (2,726 square feet in size) and associated parking spaces occupies the subject site. The applicant/landowner owned the 41 Y. foot tall 140.4 square foot Wendy's pole sign located near the north edge of Newberg Highway. Wendy's sign was installed before the City of Woodburn adopted the WSO. Pursuant to the WSO, the City recognizes the sign as a non-conforming sign. The surrounding properties are also zoned CG and designated commercial on the Woodburn Comprehensive Plan Map. Commercial businesses surround the subject site. The Oregon Department of Transportation (ODOT) is condemning a portion of the subject site adjacent to Newberg Highway and has removed the nonconforming Wendy's sign to allow for the widening of Newberg Highway. Final Order - Variance 04-10 Page 2 --'-' Removal of the Wendy's pole sign, which was located on the land that ODOT is condemning, is part of the ODOT condemnation proceeding for which the applicantllandowner will receive just compensation for the property taken. The applicant may purchase the removed sign from ODOT or its contractor. The current Newberg Highway I 1-5 interchange improvement is an interim improvement to the northeast quadrant of the interchange. ODOT is planning to complete the improvement to the entire interchange, which will require acquisition of lands, and probably signs, from other owners in the vicinity. Section 13(C) of the WSO requires a nonconforming sign to comply with the provisions of the WSO if a nonconforming sign is relocated from one location to another location. The WSO, which was applicable until July 1, 2004, allowed a freestanding sign up to a maximum height of 35 feet and a maximum area of 75 square feet. The applicant submitted variance and sign permit requests to enable the removed nonconforming sign to be relocated on the subject property. The variance application was filed on May 27,2004. Consequently, it is subject to the standards in the WSO, not the newly adopted sign ordinance incorporated into the Woodbum Development Ordinance, effective July 1, 2004. The applicant requests a variance from Section 11 (C)(5) and (6) of the WSO to allow the relocated free standing sign to exceed the required 35 foot maximum sign height and 7 5 s quare foot maximum sign area allowed i n the C G z one for an individual business. The height variance is to exceed the maximum standard by 6.5 feet and the area variance is to exceed the maximum standard by 65.4 square feet. On the same day that the applicant filed the variance request to relocate the nonconforming sign the applicant filed a separate sign permit application for a new Wendy's sign that would be 15 feet and 10 inches tall with an area of 54 square feet. That sign permit, which is shorter and smaller than allowed under the WSO, was approved on June 28, 2004. IV. RELEVANT APPROVAL CRITERIA: WOODBURN SIGN ORDINANCE Section 11(C)(5) and (6). Signs in Commercial and Industrial Zones Section 13. Nonconforming Signs WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance V. FINDINGS: WOODBURN SIGN ORDINANCE Section 11. Zoning District Regulations Final Order - Variance 04-10 Page 3 C) Signs in Commercial and Industrial Zones No sign or outdoor advertising of any character shall be permitted in a CR, CG, 10, CB,IS, IP, lL or IH zoning district except the following: (1) A total of 2 signs per each business, which may be wall signs or roof signs, the total combined area of which shall not exceed 50 square feet or 1 square foot per foot of frontage, which ever Is greater. (2) Only one projecting or free standing sign Is allowed per business. *** (5) Free standing signs are limited to a maximum height of 35 feet. FINDING: The applicant is allowed only one freestanding sign on the property. One free standing sign has been approved, for a shorter smaller free standing sign on the property. That approval was not conditioned on the outcome of this application. Approval of this sign permit would allow a second freestanding sign on the property in violation of the WSO. The applicant has submitted a variance request to allow for the 35 foot maximum sign height allowed in the CG zone to be increased to 41 Y2 feet (Variance A> and the 75 square foot maximum sign area to be increased to 140.4 square feet (Variance B). The variance request is discussed later in this report. Section 13. Nonconforming Signs (C) Nonconforming signs shall comply with the provisions of this ordinance when one or more of the following occurs. (1) A nonconforming sign is relocated from one location to another location. FINDING: The Oregon Department of Transportation (ODOT) is condemning a portion of the subject site adjacent to Newberg Highway to allow for the widening of Newberg Highway and has removed the existing 41 Y2 foot tall and 140.4 square foot sign, which was located on the land ODOT is taking. The applicant wants to relocate the removed nonconforming sign to another location on their property because of the condemnation and removal of the Wendy's sign. The WSO requires a sign to comply with the WSO standards when a sign is relocated. For the owner to relocate the sign, the WSO requires the sign to be reduced in height by 6.5 feet and in area by 65.4 square feet in order to comply Final Order - Variance 04-10 Page 4 . w I ~ --. with applicable standards of the WSO. The applicant has requested a variance to Section 11(C)(5) and (6) of the Woodburn Sign Ordinance to allow them to relocate the nonconforming free standing sign and to exceed the required 35 foot maximum sign height and 75 square foot maximum sign area allowed in the CG zone for an individual business. The variance request is discussed later in this report. WOODBURN DEVELOPMENT ORDINANCE The WSO provides In Section 14. Variance, that "all request[s] for variances to this ordinance shall be processed In accordance with the variance procedures set forth In the Woodburn Zoning Ordinance" (WZO). The Woodburn Zoning Ordinance was repealed In 2001 and replaced by the Woodburn Development Ordinance (WDO). The variance procedures in the WDO apply to this application. Section 5.103.11 Variance C. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not Intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. FINDING: Variances A and B should be denied because the following considerations discussed below were not met. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause the property to be unbulldable by application of the WDO. Factors to consider In determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish It from other land In the zone, IncludIng but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. FINDING (VARIANCE A and B): The applicant states the following: Final Order - Variance 04-10 Page 5 "'"--. l'" . ,-~ "...ODOT has filed a lawsuit to condemn the sign and that portion of the subject property that contains the sign. ODOT has now removed the Applicants' sign. The Applicants hold a vested right to continue the use of the sign at its present height and area size. The State of Oregon has violated that right. The City of Woodburn, a municipal corporation of the State of Oregon, should not cooperate in taking the Applicants' vested right. In other words, two entities of the state, a department and a municipal govemment in this case, should not be able to come together to remove a vested right held by the Applicants. Removed from its current location, the ,sign is unusuable without a variance for its height and area. Again, this factor is not directly applicable to this request because it relates to the subject property and not the sign. If the sign is removed, the applicants' business will be severely damaged. The Wendy's Restaurant, like other restaurants in the vicinity, depends heavily on its sign to attract business, especially drivers coming in off of 1-5 and Highway 214. The Applicants did not create the hardship. ODOT seeks condemnation of the sign and that portion of the subject property holding the sign. ODOT's condemnation action and effort to remove the sign is the cause of the hardship. The Applicants will suffer further hardship economically if their vested right in .the sign at its present height and area size is taken from them because a new sign would be far less visible from 1-5. Likewise, the Applicants' competitors' signs (i.e., McDonalds and Kentucky Fried Chicken) are not under the same threat of condemnation and are in many cases taller and larger. Applicants should not be forced to a competitive disadvantage by the removal of their sign.. ." The focus of this first criterion is whether there is a hardship which would "cause the property to be unbuildable" if the standards in the WOO are imposed. The three factors of the first criterion are measures for determining whether there is a hardship. If there is no hardship the first eriteria is not satisfied. The application does not satisfy this criterion because denying the sign variance cannot make the parcel unbuildable. The parcel is buildable, in fact, it is developed with a restaurant. Even if the City concluded that a sign could be relevant to whether a property was buildable, the application still would not satisfy the first criterion because a freestanding sign can be developed on the parcel. The new sign ordinance, Section 3.110 of the WOO, limits the height of a pole sign to 12, 15 or 20 feet and limits the area of a pole sign to 32, 50 or 100 square feet, depending on how much street frontage a parcel has. The applicant was allowed to construct a 35 foot tall and 75 square foot Final Order - Variance 04-10 Page 6 ...__M"'"~"~_"__'_"""'____'." _ __..~__~__.__ . . --- free standing sign under the WSO because the applicant submitted a sign permit request before the effective date of the new sign ordinance. Further, a sign permit has been approved to construct a 15 foot 10 inch tall sign with a sign area of 54 square feet. The applicant argues that the "sign is unusable without a variance." The WOO criteria is not concemed with whether the sian that was taken down is .usable." It is concemed with whether the orooertv is "unbuildable." Again, it is noted that the condemnation process assures that the owner will be paid just compensation for the value of what the state took. The decision on this criterion would be satisfied by the conclusion that the property would not be rendered unbuildable without varying the sign standards. Nonetheless, each of the factors for determining whether a hardship exists will be addressed next. Factor 1.a. requires the applicant to address whether there are physical circumstances over which the applicant had no control related to the property a nd whether those circumstances distinguish t he property from other land in the zone. The taking of a strip of applicant's land for right-of- way improvements and the removal of a nonconforming sign are physical circumstances over which the applicant had no control and those circumstances relate to the subject property. However, the circumstances do not distinguish this property from other parcels in the CG zone. Other commercially zoned properties fronting Newberg Highway east of the 1-5 interchange are in the same predicament as the applicant's site because their signs have been, or may in the foreseeable future be removed due to condemnation of land to allow for improvement of the interchange. Factor 1.b. requires the applicant to address whether reasonable use, similar to other properties, can be made of the property if no variance is granted. The applicant has not provided any evidence to prove that reasonable use of the property cannot be made without the variance. The applicant argues that their business will be severely damaged without the variance because they depend heavily on the sign to attract business. The applicant's argument essentially addresses the profitability of the use not whether the property can continue in restaurant use. Factor 1.c. requires the applicant to address whether the applicant created the hardship. The applicant was allowed a 35 foot tall sign with an area of 75 square feet had it applied for ane. Instead, the applicant submitted two permits, one for this larger sign that requires a variance and the other for a smaller sign 15-feet and 1O-inches in height and 54 square feet in area, which staff approved on June 28, 2004. If there is any hardship created by a shorter or smaller sign, the applicant created at least part of the hardship by failing to apply for a taller and bigger sign that was allowed. Final Order - Variance 04-10 Page 7 The applicant argues that the taller sign is needed to attract people from I- S. The applicant's property is located approximately 440 feet east of the Interstate-5 (1-5) right of way. The applicant has not submitted a visual study or any other evidence that a free standing sign 41 Yz feet in height and 140.4 square feet in area would be visible from 1-5 or that a free standing sign 35 feet in height and 75 square feet in area would not be visible from 1-5. The applicant's business is identified on ODOT informational signs located on the north and south bound lanes of 1-5. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether deveiopment consistent with the variance [is] materially Injurious include but are not limited to: a. Physicai Impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. Incremental impacts occurring as a resuit of the proposed variance. FiNDiNG (VARIANCE A and B): The applicant states the following: U...1f OOOT is unsuccessful in its condemnation action, the sign will remain in its current location on the subject property and at its current height. If ODOT is successful, the sign will be moved to a new location on the subject property. Moving the sign to a new location on the subject property but maintaining it at its current height of 41 ~ feet will have little physical impact on the adjacent properties. Already the area is heavily developed as a commercial center. Other signs in the area are of equal or greater height. Maintaining the sign at 45 feet will in no way affect traffic, noise, drainage or any other factors. Visually, the sign's height is consistent with the abundance of other signs of similar height in the area and the fact that the sign would remain at its current height, there would be no additional impact because nothing would change from how it is presently. As mentioned above, there will be no impact from the variance because the sign will remain at its current height..." If the applicant's variance to allow a 41 Yz tall and 140.4 square foot free standing sign is granted, then other businesses along Newberg Highway that have had signs removed and businesses who may have their signs removed in the foreseeable future could also argue that they should be Final Order - Variance 04-10 Page 8 T -.._---~_..... I , -,._~ able to. have taller and larger signs than the WOO allaws. The impact af allawing a taller and larger sign far a business in the CG zane than the Woodburn Sign Ordinance allaws is mare sign clutter alang Newberg Highway than the Woodburn Sign Ordinance intended. The applicant has nat defined the area of analysis far surraunding signage and has nat provided an inventary af the existing signs in the area af the subject site to. prave that ather signs in the area are af equal ar greater height. There are signs within the area af the subject site that meet the 35 foat free standing sign height and 75 square foot area requirements. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. FINDING (VARIANCE A): The applicant states the following: ". .. As stated above there will be no. adverse affects from the variance. The area is highly develaped in cammercial use. There are no. naturel systems in the area. Physical systems, such as traffic will nat be impacted by the height af the signs. Dramatic land farms ar parks are also. absent in the area. There will be no. adverse affects as a result af this variance... n This criterion requires the applicant to. address whether the variance will adversely affect the manmade ar the natural environment. There are no. dramatic land forms ar parks in the area to. affect. However, the applicant did nat pravide any evidence that a taller and larger free standing sign wauld not adversely affect the traffic system due to. its larger size and taller height than the WSO allaws. The applicant's statement cansists af conclusians unsubstantiated by facts. A substantial reasan far the sign ardinance regulatians is to improve the beauty af Waodbum by controlling sign clutter. The applicant has nat addressed the effect af sign variances an this aspect af the City's manmade environment. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property. FINDING (VARIANCE A): The applicant states the fallawing: ". . .Either the variance is granted ar the sign lases all value. The sign has a height af 41 ~ feet. There is no. way to. make the sign sharler and, therefare, a lesser variance wauld be meaningless. Withaut the variance, the sign has no. ecanamic value. The requested variance is the minimum deviatian necessary to. make reasanable ecanamic use af the properly..." Final Order - Variance 04-10 Page 9 ,-~.,. -..-.-...,..".. <._.__._~._,._--_.__.- - . This criterion asks for information about what is the minimum variation from applicable development standards that would allow the applicant to make a reasonable economic use of the property. The "property" that the variance is concerned with is the lot or parcel that is the subject of the application. It is not the personal property or fixtures attached to the lot or parcel. such as a sign. The applicant has provided no evidence that a 75 square foot free standing sign, 35 feet in height, that was allowed by the WSO, or the approved 15 foot 10 inch, 54 square foot sign that the City has approved, would not provide reasonable economic use of the parcel. The applicant's site has direct visibility from Newberg Highway. Customers can identify the applicant's business with a shorter, smaller sign. The applicant has not provided sufficient justification that the existing sign face cannot be modified to meet the 75 square foot sign area requirement or the 35 foot tall sign height requirement or could be used at another Wendy's location, or even that they have any property right in the sign which is being taken by ODOT and for which the owner will be compensated. 5. The variance does not conflict with the Woodburn Comprehensive Plan. FINDING (VARIANCE A and B): The applicant states the following: "... The area in which the subject site is located, the 1-5 Interchange", is discussed in several parts of the Woodbum Comprehensive Plan (WCP). See WCP, pp. 14 and 79. the WCP recognizes the commercial importance of the 1-5 interchange area. Inherent in that recognition is the fact that commercial businesses need signs. In particular, businesses reliant on 1-5 traffic for their customers need signs that are visible to those traveling on 1-5. goals and policies related to Commercial Land Development contain no mention of signs. WCP, pp. 47-48. the City's Sign Ordinance is discussed generally at pages 81-82 of the WCP, especially with regard to safety and aesthetics. It contains no discussion of sign height and contains nothing that this variance request would conflict with. The height variance, as discussed above, will have no impact on either of these factors. This request for a variance in no way conflicts with the WCP..." The Woodburn Comprehensive Plan does not provide any goals, policies or specific regulations pertaining to signage on the subject site. The Woodburn Comprehensive Plan does not apply, therefore, this criterion does not apply. VI. CONCLUSION: Final Order - Variance 04-10 Page 10 11" . .--,.- Based on the findings of fact contained herein. all relevant approval criteria relating to approval of Variances A and B of Variance Case File No. 04-10 have not been met. Final Order - Variance 04-10 Page 11 . -1-........, "..,.,.-,. 11:' , ~''-''- I::xmOIl --I'"" CITY OF WOODBURN, OREGON PLANNING COMMISSION July 22, 2004 Variance 04-10 I. APPLICATION INFORMATION Applicant: Donald Kelley 110 N. Second Street Silverton, OR 97381 Property Owner: WESMAR Land Company 42874 Old Wingville Road Baker City, OR 97814 Application Deemed Complete: June 17, 2004 120-Day Rule Deadline: October 15, 2004 II. NATURE OF APPLICATION: The applicant requests variance approval to Section 11 (C)(5) and (6) of the Woodburn Sign Ordinance to allow W ESMAR Land Company to increase their sign height from the 35 foot maximum sign height allowed by the Woodburn Sign Ordinance (WSO) in the CG zone to 41 Y. feet (Variance Al and to increase the 75 square foot maximum sign area to 140.4 square feet (Variance B). III. RELEVANT FACTS: The subject site is lacated at 2875 Newberg Highway. It is further identified on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 12AC, Tax Lots: #4900 and 5000. The subject property is zoned Commercial General (CG), designated commercial on the Woodburn Comprehensive Plan Map, and is located approximately 440 feet east of Interstate-5 (1-5) and its interchange with Newberg Highway. The applicant, WESMAR Land Company, is the landowner. Wendy's restaurant (2,726 square feet in size) and associated parking spaces occupies the subject site. The applicant/landowner owned the 41 Y. foot tall 140.4 square foot Wendy's pole sign located near the north edge of Newberg Highway. Wendy's sign was installed before the City of Woodburn adopted the WSO. Pursuant to the WSO, the City recognizes the sign as a non-conforming sign. The surrounding properties are also zoned CG and designated commercial on the Woodburn Comprehensive Pial'! Map. Commercial businesses surround the subject site. The Oregon Department of Transportation (ODOT) is condemning a portion of the subject site adjacent to Newberg Highway and has remaved the nonconforming Wendy's sign to allow for the widening of Newberg Highway. Variance 04-10 Page 1 Removal of the Wendy's pole sign, which was located on the land that ODOT is condemning, is part of the ODOT condemnation proceeding for which the applicant/landowner will receive just compensation for the property taken. The applicant may purchase the removed sign from ODOT or its contractor. The current Newberg Highway I 1-5 interchange improvement is an interim improvement to the northeast quadrant of the interchange. ODOT is planning to complete the improvement to the entire interchange. which will require acquisition of lands, and probably signs, from other owners in the vicinity. Scetion 13(C) of the WSO requires a nonconforming sign to comply with the provisions of the WSO if a nonconforming sign is relocated from one location to another location. The WSO, which was applicable until July 1, 2004, allowed a freestanding sign up to a maximum height of 35 feet and a maximum area of 75 square feet. The applicant submitted variance and sign permit requests to enable the removed nonconforming sign to be relocated on the subject property. The variance application was filed on May 27,2004. Consequently, it is subject to the standards in the WSO, not the newly adopted sign ordinance incorporated into the Woodbum Development Ordinance, effective July 1, 2004. The applicant requests a variance from Section 11 (C)(5) and (6) af the WSO to allow the relocated free standing sign to exceed the required 35 foot maximum sign height a nd 75 s quare foot maximum sign area allowed in the C G zone for an individual business. The height variance is to exceed the maximum standard by 6.5 feet and the area variance is to exceed the maximum standard by 65.4 . square feet. On the same day that the applicant filed the variance request to relocate the nonconforming sign the applicant filed a separate sign permit application for a new Wendy's sign that would be 15 feet and 10 inches tall with an area of 54 square feet. That sign permit, which is shorter and smaller than allowed under the WSO. was approved on June 28, 2004. IV. RELEVANT APPROVAL CRITERIA: WOODBURN SIGN ORDINANCE Section 11 (C)(5) and (6). Signs in Commercial and Industrial Zones Section 13. Nonconforming Signs WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance V. ANALYSIS: WOODBURN SIGN ORDINANCE Section 11. Zoning District RegUlations Variance 04-10 Page 2 - . C) Signs in Commercial and Industrial Zones No sign or outdoor advertising of any character shall be permitted in a CR, CG, 10, ca, IS, lP, lL or IH zoning district except the following: (1) A total of 2 signs per each business, which may be wall signs or roof signs, the total combined area of which shall not exceed 50 square feet or 1 square foot per foot of frontage, which ever is greater. (2) Only one projecting or free standing sign is allowed per business. *** (5) Free standing signs are limited to a maximum height of 35 feet. STAFF COMMENT: The applicant is allowed only one freestanding sign on the property. One free standing sign has been approved, for a shorter smaller free standing sign on the property. That approval was not conditioned on the outcome of this application. Approval of this sign permit would allow a second freestanding sign on the property in violation of the WSO. The applicant has submitted a variance request to allow for the 35 foat maximum sign height allowed in the CG zone to be increased to 41 Yo feet (Variance A) and the 75 square foot maximum sign area to be increased to 140.4 square feet (Variance B). The variance request is discussed later in this report. Section 13. Nonconforming Signs (C) Nonconforming signs shall comply with the provisions of this ordinance when one or more of the following occurs. (1) A nonconforming sign is relocated from one location to another location. STAFF COMMENT: The Oregon Department of Transportation (OOOT) is condemning a portion of the subject site adjacent to Newberg Highway to allow far the widening of Newberg Highway and has removed the existing 41 Yz foot tall and 140.4 square foot sign, which was located on the land OOOT is taking. The applicant wants to relocate the removed nonconforming sign to another location on their property because of the condemnation and removal of the Wendy's sign. The W SO requires a sign to comply with the W SO standards when a sign is reloeated. For the owner to relocate the sign, the WSO requires the sign to be reduced in height by 6.5 feet and in area by 65.4 square feet in order to comply Variance 04-10 Page 3 9- _~.._.. .. .._.....~_"__. '.._.'.,,_~"'" _" '._.M' .......__ __.._."".,.... __A",__"_ ... '_ ___" . . .--,.- with applicable standards of the WSO. The applicant has requested a variance to Section 11 (C)(5) and (6) of the Woodburn Sign Ordinance to allow them to relocate the nonconforming free standing sign and to exceed the required 35 foot maximum sign height and 75 square foot maximum sign area allowed in the CG zone for an individual business. The variance request is discussed later in this repart. WOODBURN DEVELOPMENT ORDINANCE The WSO provides in Section 14. Variance, that "all request[s] for variances to this ordinance shall be processed in accordance with the variance procedures set forth in the Woodburn Zoning Ordinance" (WZO). The Woodburn Zoning Ordinance was repealed in 2001 and replaced by the Woodburn Development Ordinance (WDO). The variance procedures in the WDO apply to this application. Section 5.103.11 Variance C. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. STAFF COMMENT: Variances A and B should be denied because the following considerations discussed below were not met. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause the property to be un buildable by application of the WDO. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. STAFF COMMENT (VARIANCE A and B): The applicant states the following: Varianee 04-10 Page 4 - "...ODOT has filed a lawsuit to condemn the sign and that portion of the subject property that contains the sign. ODOT has now removed the Applicants' sign. The Applicants hold a vested right to continue the use of the sign at its present height and area size. The State of Oregon has violated that right. The City of Woodbum, a municipal corporation of the State of Oregon, should not cooperate in taking the Applicants' vested right. In other words, two entities of the state, a department and a municipal govemment in this case, should not be able to come together to remove a vested right held by the Applicants. Removed from its current location, the sign is unusuable without a variance for its height and area. Again, this factor is not directly applicable to this request because it relates to the subject property and not the sign. If the sign is removed, the applicants' business will be severely damaged. The Wendy's Restaurant, like other restaurants in the vicinity, depends heavily on its sign to attract business, especially drivers coming in off of 1-5 and Highway 214. The Applicants did not create the hardship. ODOT seeks condemnation of the sign and that portion of the subject property holding the sign. ODOr's condemnation action and effort to remove the sign is the cause oftha-hardship. The Applicants will suffer further hardship economically if their vested right in the sign at its present height and area size is taken from them because a new sign would be far less visible from 1-5. Likewise, the Applicants' competitors' signs (i.e., McDonalds and Kentucky Fried Chicken) are not under the same threat of condemnation and are in many cases taller and larger. Applicants should not be forced to a competitive disadvantage by the removal of their sign. .." The focus of this first criterion is whether there is a hardship which would "cause the property to be unbuildable" if the standards in the WOO are imposed. The three factors of the first criterion are measures for determining whether there is a hardship. If there is no hardship the first criteria is not satisfied. The application does nat satisfy this criterion because denying the sign variance cannot make the parcel unbuildable. The parcel is buildable, in fact, it is developed with a restaurant. Even if the City concluded that a sign could be relevant to whether a property was buildable, the application still would not satisfy the first criterion because a freestanding sign can be developed on the parcel. The new sign ordinance, Section 3.110 of the WOO, limits the height af a pole sign to 12, 15 or 20 feet and limits the area of a pole sign to 32, 50 or 100 square feet, depending on how mueh street frontage a parcel has. Variance 04-10 Page 5 The applicant was allowed to construct a 35 foot tall and 75 square foot free standing sign under the WSO because the applicant submitted a sign permit request before the effective date of the new sign ordinance. Further, a sign permit has been approved to construct a 15 foot 10 inch tall sign with a sign area of 54 square feet. The applicant argues that the "sign is unusable without a variance." The WOO criteria is not concerned with whether the sian that was taken down is "usable." It is concerned with whether the property is "unbuildable." Again, it is noted that the condemnation process assures that the owner will be paid just compensation for the value of what the state took. The decision on this criterion would be satisfied by the conclusion that the property would not be rendered unbuildable without varying the sign standards. Nonetheless, each of the factors for determining whether a hardship exists will be addressed next. Factor 1.a. requires the applicant to address whether there are physical circumstances over which the applicant had no control related to the property and whether those circumstances distinguish t he property from other land in the zone. The taking of a strip of applicant's land for right-of- way improvements and the removal of a nonconforming sign are physical circumstances over which the applicant had no control and those circumstances relate to the subject property. However, the circumstances . do not distinguish this property from other parcels in the CG zone. Other commercially zoned properties fronting Newberg Highway east of the 1-5 interchange are in the same predicament as the applicant's site because their signs have been, or may in the foreseeable future be removed due to condemnation of land to allaw for improvement of the interchange. Factor 1.b. requires the applicant to address whether reasonable use, similar to other properties, can be made of the property if no variance is granted. The applicant has not provided any evidence to prove that reasonable use of the property cannot be made without the variance. The applicant argues that their business will be severely damaged without the variance because they depend heavily on the sign to attract business. The applicant's argument essentially addresses the profitability of the use not whether the property ean continue in restaurant use. Factor 1.c. requires the applicant to address whether the applicant created the hardship. The applicant was allowed a 35 foot tall sign with an area of 75 square feet had it applied for one. Instead, the applicant submitted two permits, one for this larger sign that requires a variance and the other for a smaller sign 15-feet and 10-inches in height and 54 square feet in area, which staff approved on June 28, 2004. If there is any hardship created Variance 04-10 Page 6 --"-- by a shorter or smaller sign, the applicant created at least part of the hardship by failing to apply for a taller and bigger sign that was allowed. The applicant argues that the taller sign is needed to attract people from 1- 5. The applicant's property is located approximately 440 feet east of the Interstate-5 (1-5) right of way. The applicant has not submitted a visual study or any other evidence that a free standing sign 41 11. feet in height and 140.4 square feet in area would be visible from 1-5 or that a free standing sign 35 feet in height and 75 square feet in area would not be visible from 1-5. The applicant's business is identified on ODOT informational signs located on the north and south bound lanes of 1-5. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered In determining whether development consistent with the variance [Is] materially Injurious include but are not limited to: a. Physical Impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. Incremental Impacts occurring as a result of the proposed variance. STAFF COMMENT (VARIANCE A and B): The applicant states the fallowing: "...If 000 T is unsuccessful in its condemnation action, the sign will remain in its current location on the subject property and at its current height. If ODOT is successful, the sign will be moved to a new location on the subject property. Moving the sign to a new location on the subject property but maintaining it at its current height of 41 ~ feet will have little physical impact on the adjacent properties. Already the area is heavily developed as a commercial center. Other signs in the area are of equal or greater height. Maintaining the sign at 45 feet will in no way affect traffic, noise, drainage or any other factors. Visually, the sign's height is consistent with the abundance of other signs of similar height in the area and the fact that the sign would remain at its current height, there would be no additional impact because nothing would change from how it is presently. As mentioned above, there will be no impact from the variance because the sign will remain at its current height..." Variance 04-10 Page 7 _.. .. . _.._~ If the applicant's variance to allow a 41 Yz tall and 140.4 square foot free standing sign is granted. then other businesses along Newberg Highway that have had signs removed and businesses who may have their signs removed in the foreseeable future could also argue that they should be able to have taller and larger signs than the WOO allows. The impact of allowing a taller and larger sign for a business in the CG zone than the Woodburn Sign Ordinance allows is more sign clutter along Newberg Highway than the Woodburn Sign Ordinance intended. The applicant has not defined the area of analysis for surrounding signage and has not provided an inventory of the existing signs in the area of the subject site to prove that other signs in the area are of equal or greater height. There are signs within the area of the subject site that meet the 35 foot free standing sign height and 75 square foot area requirements. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. STAFF COMMENT (VARIANCE A): The applicant states the following: ". . . As stated above there will be no adverse affects from the variance. The area is highly developed in commercial use. There are no natural systems in the area. Physical systems, such as traffic will not be impacted by the height of the signs;' Dramatic land forms or parks are also absent in the area. There will be no adverse affects as a result of this variance..." This criterion requires the applicant to address whether the variance will adversely affect the manmade or the natural environment. There are no dramatic land forms or parks in the area to affect. However, the applicant did not provide any evidence that a taller and larger free standing sign would not adversely affect the traffic system due to its larger size and taller height than the WSO allows. The applicant's statement consists of conclusions unsubstantiated by facts. A substantial reason for the sign ordinance regulations is to improve the beauty of Woodburn by controlling sign clutter. The applicant has not addressed the effect of sign variances on this aspect of the City's manmade environment. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property. STAFF COMMENT (VARIANCE A): The applicant states the following: n.. .Either the variance is granted or the sign loses all value. The sign has a height of 41 Y2 feet. There is no way to make the sign shorter and, therefore, a lesser variance would be meaningless. Variance 04-10 Page 8 - . Without the variance, the sign has no economic value. The requested variance is the minimum deviation necessaty to make reasonable economic use of the property..." This criterion asks for information about what is the minimum variation from applicable development standards that would allow the applicant to make a reasonable economic use of the property. The "property" that the variance is concemed with is the lot or parcel that is the subject of the application. It is not the personal property or fixtures attached to the lot or parcel, such as a sign. The applicant has provided no evidence that a 75 square foot free standing sign, 35 feet in height, that was allowed by the WSO, or the approved 15 foot 10 inch, 54 square foot sign that the City has approved, would not provide reasonable economic use of the parcel. The applicant's site has direct visibility from Newberg Highway. Customers can identify the applicant's business with a shorter, smaller sign. The applicant has not provided sufficient justification that the existing sign face cannot be modified to meet the 75 square foot sign area requirement or the 35 foot tall sign height requirement or could be used at another Wendy's location, or even that they have any property right in the sign which is being taken by ODOT and for which the owner will be compensated. 5. The variance does not conflict with the Woodburn Comprehensive Plan. STAFF COMMENT (VARIANCE A and B): The applicant states the following: ". .. The area in which the subject site is located, the 1-5 Interchange", is discussed in several parts of the Woodburn Comprehensive Plan (WCP). See WCP, pp. 14 and 79. the WCP recognizes the commercial importance of the I-S.interchange area. Inherent in that recognition is the fact that commercial businesses need signs. In particular, businesses reliant on 1-5 traffic for their customers need signs that are visible to those traveling on 1-5. goals and policies related to Commercial Land Development contain no mention of signs. WCP, pp. 47-48. the City's Sign Ordinance is discussed generally at pages 81-82 of the WCP, especially with regard to safety and aesthetics. It contains no discussion of sign height and contains nothing that this variance request would conflict with. The height variance, as discussed above, will have no impact on either of these factors. This request for a variance in no way conflicts with the WCP..." The Woodburn Comprehensive Plan does not provide any goals, policies or specific regulations pertaining to signage on the subject site. The Variance 04-10 Page 9 .. "".~ . II' , ~-~ Woodburn Comprehensive Plan does not apply, therefore, this criterion does not apply. VI. CONCLUSION AND RECOMMENDATION: Based on the information in this report, the information provided by the applicant and the applicable review criteria, findings necessary to approve Variances A and B of Variance Case File No. 04-10 cannot be made. Therefore, staff recommends denial of Variances A and B of Variance Case File No. 04-10. VII. ATTACHMENTS Exhibit "A" Exhibit "B" Attachment "A" Attachment "B" Sign Plan Sign Variance Application Packet Zoning Map Comprehensive Plan Map Variance 04-10 Page 1 0 - - ------ l- I J ~ \A \~ oj J I 0 U '1 < .5 V \h . I- '1 , J .J - - ..J \I'l .;. i:\ I ~ "~ ~l- \(ltt~" ..' L -- ---- '-c."~,.~:~:'j"""--1 ) .) -\ ''"I ..I..... . . {I I ..~'. '/'~Y1~~t~.~ I ~--::;. ;..::..~ " I "', }, I '''l) 1, .' I~ '. I :__...' '_. ..__.._' II til.~~..:'~,; \\; I "":' (} . PI.I_ I I t ~.~'7.~...;.;.r\, "'''''''''l' ~~ \1\.\1-~"~ I . /.AJd _..._..L-.__... --"- \ \~.. ~Il!.i '\o'T" t O'.J..nt"'~.' :01 .~)! 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"t. :~ 1- - <"... . . :,.. J:. +- <. :- ~ '~ ~& --S i. 1"".. ~ ,;.. , .0 III f I: *~ R~C'D * MAY 2 7 2004 . . WOODBURN COMMUNITY D~LDPMENT DEPT. I I I , ~.~ i ~., , . ,1 IJ<;: " J 'I. Pd'!;',' /.'7/16 'E: rtfl."~<" !? y 101$ ,l , ...,..,...- .- - ..' ..... .- ~ '" ." z 3 '8 o .of .o!~ .,..(1oI , Q.~ I .J~o ....I....."Z I- ~ ( z , J1Lmn f It~~ . -.. U"4"20"~" II -r 1 -,- ~ )"';1. . \ ( <'~-lo" :ll . .-/ !IT,,", I ~ .Ill '. c:. i ",,,~ .' , 7~",,,: .' p<'t..f'\ , ~ , ~. ~. ~ !I: '. ':i~ l?, cy- ~v- ~ _ . L"-' ,_,vo. ~?t"i;, -2 Q' ,~'.., ..."7 .:" 10' \I, "''.b'"''', T .-" "\ \ \21\ '\ ~ ~ Q ~\..~\.\.\._- -- . 0 N ......2ct'W I.' . - 1",17' ,&> '" 'II III ., () l-- ....-~-- Cloo_-J 0\11 - ~ VI ool l1 25 z' - .~~:__. '- PieoPOS&'O-c...,JtS -.-...----..... ..-. \"l!'NQo(:S ao.~ .(\, -, --. O~EGON 5TATE ~' / .J~ .. ~ I I , -- ::: !! it 1v -: .. .. J tP.'u. "'11oA;;"'] ~ .7 ~'6"" ; · \.. .,J . .. 'VI!U.lgo(s _ . '~I",I>J - .....,...t W' ... ~)O. .51" II'"'' , S,(,o,..l Sl~t N P(<:.ELlMIt-JARY SITE PLA~ ~ .... H W''(. 214 * REC'O * MAY.272004 ..-/ WOOOBURM COMMUMI'TY OEVELOPMENT oEPT. ~ Community Developmet\t Department 270 Montgomery Street . waodburtl. Oregan 97071 Phone: 503-982-5246. Fall: S03-982-S2~ . website Hlljress: www.ci.woadbumor.us ".~ ...... .... OU..' .-r .--~--- - .------ ~A_ ~ W~N 111.'1'..11; "st CITY OF WOODBURN UNIFORM APPLICATION General Information: P1'O <l1_t1on: 75 . wooA"'>>m OIl 97071 File NCl: Vf\ I'- Relaled FIles: C. Dale Reclived: , Pees~; * REC'O * MAY 2 7 2004 WOOOBURNCOMMUNnY Property owner: c.1C"C!U1D T..wVI ~"V Addr~"': 4?A'74 nl'" Wi~\l. ~ Tla\rAY" t"i toy l"lA 01814: l.leph_ . fil~ 1'10.: -------- .mail Add,..: ----- Applicant. y Ad~r::~ a.:::!.~~::":"'~ ..~~~~. OR 97381 TlIIepl'I-. Fall 1'10.: ~l\n'l\ A7'l_R~71 (~n'll R7'l_R1Q e-mail Add_I Slte~ .93 acAa ___. Map . Tu Lot MatI: * Aaol.l.cant ~tB a varillJlOll in the height and area of a. DOle sian. ~. Plan Map DeIl!lnatIonl O;xmlerc1al ZOne Ma nlltlol'l: Description oftha pt'apoul: Reauested Review: 1 0 ACCESS PEIU1IT TO aN snu:ET l 0 AI'lNexA"ON 3 C APPfAL. TO aTY CQIJNOL .. C COMPo P\AII f'oW' ~ANGe s 0 CONOmONAL USE 13 C I'OR/W. lrnul'RETA"OH 01 'll1E WIlO l~ n MOP PIlEUMtNARY N'PfCJIL lS C MOP FINAl. P\AII AP~IL 16 0 MODlf'lCAnOl'l Of COHDmONS 17 Q PARTmON PIleUM1NAllY APPIlO\I"L 18 C PAA11T1011 F1/W. PLAT ~"L 19 0 PtlASlNG PIAH 20 a PUD PREUMII'lAAY PlAN APPlUJl/AL 21 0 puo DESlGN PLAN FINAl. "PPIlO\IAL l2 C PIlD fINAl. P\.JlN A9P~1L 23 CI UA 6. CONSOUDf<nON OF LOTS 6 0 ** lIVIIW as . DlJlI\.IIIl......nw. 0llWtlUfG 7 C OESIGN REVIEW IO_TO...._.JM_- 9 0 ElCTfNStON FOR" QEV. DECISION 10 0 'I>ICIi "UI! ",...OlllG wALl. ~IT.eII. U C GRf<OING PfIlMrr *~~~~~~~~~~ 25 a .e<DCIoTlONOI' PllMOUSl.' """""ED ....Mrr 16 Q sWOt} pEl\Mf1'_. . '17 0 Sl'eC/f<L USE AS " cu 28 CI sua. PRet1MINARY APPROVAL 29 0 SUB. FINAL PLAT APPROVAL 30 C ltlfco""'*tA'T1OfiI~.D!Qf1Culla.I"'C1I 31 0 TS1pO/\AAV OUTDCOR PERMrr :u 0 TRElO REMOVAl. PERMrr 33 ARIANCE 14 0 ZONING "OOUSTMENT 35 a ZONE CHANGE l2 a "'..""'ce"'....... .......1'1. sm.OPKII'ICQI 2" 0 AS ARCH. STANOAIlDS SlJlDllI. 360 DniER; iPPIkant Certification; I ~ _ clIa.. appIcIl'C f/llll1is prclpGIlIi, 1_ flmll;ari11ll my"'" wldllhI_ prooItSIClI\5 ~ lhI Ot'f tJI_ 0..""""1'11 Or_ and 1_ rcod dIC fOft!llOil>9 1IllllI'<..... and "'- tl1e dlIUl>Ia aI ". ic>tlllaW III De """ lD 1M ~aI my \.ro;IIIedg~(lapP'''~not- II pnlpOItY _,_""'a~Z8~"rl!Jl"IIIOCtii/IW-I.1hI_''''''''lCOdOClllll<dfJ'- .~ ow.... ~-'_ Applicant. ~ r.-,..,.... Prine Name," \llESMllR Land (lcmpDrly ,"ftt Nama: IIESMM. Itlll. WESMAR Land CanPan\ Data: Mil" 13, 2004 Da. May 13. Z004 - ~ c. , I \ \ ~\ \ ~ ,I-: i<I 1 U i ! \ UU PAGe 17JO 5W ....-----=- .. Ili.n ....."'0;<1...( .., orr_~~'. _ Ulnd Q,. 42814 m.t WlIopUlo M. IlaUo< City, oa 9161' }Y,.UQ.l.NTV' O.2D lWOODIlUlU'l nonam 1'IlE G1W'I"I'OR I. C_ J. cOUlN ... MA&lOaJE Co CONIIl, T_ 011100 CIlIiI J. Cadria .... Maojorie c. Cot\IiD r...1ly TIwIt. cIoIo4 June II. \99\, a. .. ~ ~ -. CLAIlDIII&" alltTU. TnaleO of\b& ell",""" S."- IcW<IbIo TlU,..... \oloy \. 19'1O, aM C..lOIIft ~ "'I<o'nn /0. CO........ moho -"'iaa 1--. o-m .alled......,). '(III; G.wrru is w_a UIlD co., an 0...... """,nIIoft. (hereia call.. II-> - .- oddIeU is 41114 014 w...;a., Iload, SM City. OR 971\4. roa VALlII& UCDVU.I. 11'""""""'" ..-.1lorplaI, sell.... -yo _..__Ihooe ,........ oil..... ia _ CotmI1, Onp,'" cIac1il>oI-..- rAllCZL I: BotlMIIlC II . poilllOll .. Nco* al&hI-oC-woy I... or - JIiPWOf No. 1\4. - po/III _ N..... 11"41'211" W.. 1579.21 t.. ... N'" 01'\4'06" \lolIIlO.oo I'oIl _ .lIe NoaIhaII _ of Ole ~ 1lulloIa IlonIIlaD l.ao4 CIoi1B \a T...... , Soadl. bop 1 Will ofoho W-_ ~ ill MaIiGII CcNoIy. 0Icp\ tIId po/III olao ball SowIl 1I"41'2ll" l!III 65.00 felt ....... 1bo Sill r... of IlIII tncI or 1ID4 doacd.... io VolomIa '-'1."" ,,,.Deed...... far ModGa CouoIY. 0...- - NllIIIl 01'14'06' Baot pIIlIIIoI wIIIllbo Baot \1.. of..w _of!Ml4.....w III VoI_ 641, .. 319, &4_ orl".oo foil; _ SeIIIIIII"4I'211" Baot pmIIIl_.... SIIlO 1I1.......,...<II_0I111.9'...1o.1l"iIII 0Il1bo W-" 1IcNndIl711111 or... or"'" 0( 1004 cIoIcaibe4 la V.- 511. I'Ip 616, Deed ...... for - CouaIJ. orqoa; _ ....i111lP"46'31. Will_I aid W"" 6.... - of '97.11 f100t \0 . polo! .. \IlO Nor\1oOIIy rip&-oC'_ 11M 0( aoiol - HiII-r. - N..... 11..1'10" W... aIol1l..w ria\'O-of...., j;no . ~ 011....7 Cell 10 Iho pobll 01 bcsionil1ll. .MlCa. B, A 65,00.......w. _'0"...,...- tar lapla.... ......_W..- ~.. II . pokI&... Ibo lid riPl-of-way IIao or SIIto lIia/lM1 No. 114, ",lIith polal _ NolIh ......2ll" VI.. 1579.1\ rill ... NlIIlh 01'1.'06" Boat 30.00 lIot Il:llOIlho N..- _ or tho ,.... DvIIoia DooIlion Load Clobn in T....., 5 Sou1II. ..... 1 'IIell or dlo W~~. Mor\cfioD ill NaioIl C-. n..pn; - l'Ior1IllI''''1a' 'II........ ....riaJll-Of_Ii...._of6S.IIO,..... .pobIIOIl Ole EAaI \iJIc or...... of IIa4 _a iA Vo_ &41,'" 319. Doed lacOIds fiIt MlIIi... c_. Ore_1IlaocI NonIa 0\'14'06" ~ "'11114_11..' - of \95.00 I'oIlIO lbe _ _ Ibonof; - SouIIlI1'4I'1O" - ponIkI .,.;tIl _ s_lIia/NnJ . d~ or6'.1IO feoI; _ 800. 01'\4'06" W... 111_ ai 195.110 fIII'olbo poIIIt aibcli>miJl&. CP(\~..\iaa: ~.OI'O.'" w 0."" ""J- d'.:1Iko ",~~.''(:~fi~:.rt''~''-t')~:'''"Jl''~'.'''.'''-'''''' ,... ~ Z lc "\ ~ """ ' ; \ \ I \ ! \ \ , I I I \ \ \ t -! .... .'-"'''''-41:.- '* REC'D * MAY 2 7 2004 WOOOBURN COMMUNIlY DEVELOPMENT DEPt "-......- '. \ \ "" -r, . o' >' . o ~\ t! ir .' ,.,., .. .. . - \ r AllClU.1U: ^ _lu,i.. __ r.. ....... and ...-. cn:"'~ II III oppwtc......t. _I a1Km by \aIIN.- """rdod'uIy 29, 1991, 10 Reel 1510, r. 321, fil.. Il__ lOr MolriuaC4llR1r. Oroaao. _ IIl1lp .rluadmorc poo1laaluI7 dcacri1led IS I'oUows: ll'CIlftlll: III. !!oft ir.. ood (...,ad e.s. 24107) ... i....1od ""1Il1o ioitill poInI of P1rtilioll Mol No. 91-61 ill_ wilr_ DartI D.L.e. No. 60 in .... N! \I of SocIioa 12- TowuIIIp 5 SoudI.llolp2 'II'" Wit_ MomtiIDba ....CIlyolWoo6owIl.MooIaB C4I11l1J, Ollp; dIoDoc NonIlI' 15'~, 19U'I'cct oIonl dlo 'II..liIIo or..... 2.r nld poSIiu.....,.. ""I/aa I0Il (....m:.s c.s. 24107); !hence coo!IIlubl& NOdh I'U' Bw. 40 r..~ ...... Sodb ... 45' Eat 219.05 (001, _..leIS, IOI1le ,.11M of 0Il4 ......1 2. IIloII:e So" ,. 49' or '11.1 ..... Jllid ..... .... of PaccI 2, -' .... ~ poIonplioo 1l>cRof, 40.45 r... to u.o "'_ ....... of'" .... parctl 01 JIIOPIIIl'....... III Cor'olo,.. II, IIId m:asdcd CD RoollJO, Pop 1041 oldlo 1lccd Rccor4Ior sold ~ CoanIJ; _ "''''''' II' 4S' 'II'" aIoo& dIo Nordllioa of said c"""" puccl211.OS &clio u.o N..... - or... CocbUI J*COI;- Saudll' \7' 00" 'II... fll1llo _ sllUllllrl7 _ - of uId ,.... 2: - """'" ... 4" WaI ... tho Soodlli.. of uId Pan:oI2, Slid SOIIlh 1..."",.,11,. ... N""" lilloofS....IIl"- 214(60 WwWo),65.oo"'101llo'oIIIofIloclmUIo TOGl'rH1llI wllh 11\ Wltor s'cJllI. _ risJe, rlahll of _, 1""""-,,. ~ '.'P -.. 1Iondi_....~_bdaaslol.._ilI~..\IltnwldI. SUBJECT \0 '110 r.uowln&: (r....) All 1_ boIlI poerolllld opee;.l, lovl'" opiDll "'" prOIlIlsn by ...., IMla& lIIIII \'or ., Jl'l'POK ilIeNdina 1M ....1imi...1o _1IIlI........ ~ (1rr1p- clio...) All lI.;poIoIl chorpo. boIlI.- """ .,..w,1avIod opiNllllo ......... by ...., 1";.- ot dnl_ ...t for OIIJ ~ C...hldiIl& IlUlIlOt Uml... 10 booI\t, .-.. ""'-' .....ioI implOYcm_ inipdoa II1II ........." ~.. or ..... .....> All n_.... ill ..._ Of .... ..... or in tlw Iowa ~ dIo .....1hmOI: (Bollded oleM ""u.c uill) Tho bcado4 do\ll.hllllldD& lOIi,.. \ __1""-.....---- (Zelllol roq*"- ....) Am ...... nqolrcolmllllld ...uIc..... __ by .., JI'''.'DIlI1R'oI uoi~ (8....i.1 ..deI, etc.) All roqulsamaII '"'" nlldcll.. pIOvidod by IAJ fin, WlIdID&. pI1DbID&. .\edrlcloIIIIlI.....,.lodtorcodellmpoood by.., ...--taIl81i1. 'r: _ D...' ~: \ \ I 1 I , , I \ I I I 1 I , --...- -. ..-.------.-... .-. ., .. _.~......._.....~~ , , I , I .. . J . 11" . " - - ~ (lrriptlee dlIlrlcl co...."") All ..~ <0"'_ __ ..... inipd.. diluic\ in ........ \he pteID_'" s1maecl........ Unilri ,...... ~ (LdIIlod _II) LiIDiIod""" in _ .. S.... or ~ by .... dlRl. is 1lepIInl.... of ~.;. T~. Hi~ ()qwI\*'" ",,"cb pi""" tbal... rl.... or -- of rlabl of - to, .. r,_ or acn>SI ... Slall Hish..., ...... .. oxpmsIy lIMnIa pmv'&dcd for .....1 ............ UualPa l ~, .......... Oct... 16, 1953. ill Boot 456, .... 262, __ N....,ber 16, 1956, Ia lIooIt " 469. Poce 351. Joadod 1_19. 1967,.. Book 633..... 410 ad _ioa lCCOIdd ScpIOnlbor 29. 1 1916. in Ilook 611. .....331, J)ooII P.ocoIlII forMarioaColaly.OIop. , \ I \ I \ \ f-. _ 't., 0' . > <:) :z (Ilodrld..... .... .r recori) All ...wu_ CQVCIlOIIIt. l.mllldtt. Ilmi1Oli_ COIllIiIlcms .... probl'blllo.. .f...-t .. provldea by law. (.o\Il """ 01 war) All rlJltls of..., ....., _I11III_ 1M pnm\scO .....d1a& otloow..i4oocecl Ot 1ICqIllIod.... wbotIIor lilt _ "",,"",orlCCClOllon... wI1lda..... 01..., ......lNI.....l1lmllod .. .... (0\10"';..' . (el I!uc:I1lm. iDl:IlIlIiDI..........lllllpevisl-1haooI. _MIo PMiIlo N.- JloIl To\ephoIIoColllpllllY,.._.....,~. by ~--.....,21.lm.101l:cl45.....'J4J, FI1IIl1\l<AllU rortluiotr.CouoIy. 0n0p1. (EIc..--1lIIluIowo) (1)) '_II. inoholiac ... _ tII4 ,..Mil- \heIIlIlI; -eyod II Padle ......- lieU, by __ -.w ..., 11. 1911, ill W 45, .... 941, Fibn ~ for MorIoll Couoly.O"..... (ExIol--"'''''''''' (0) E.-. indoldilll1ho _..... pro.w.........,.......,...1o CI1r ofW-. e mllllici.... clllplD1ion. '" ...- ltClMIo4 ScpIember It. 1971. lllllJol139. _ 145, Fi10l R-* for 1oIarl.. CooDlr. o..soa. (4) W_ 11111 -"" !DdudIoIlbG ...... "" ,..,.moa. !hereof, _Ill \0 CiIr of W_ by 1_ ,_4e4 _ 21, 1979. 10 .... 111. Pop 131. Film IIocords for MIrioD C""",,, 0.._ (e) \!asonloAl. iDl:Iu4iIlI tIIc_aadprcMsloollhaool......<1odlolboCit}ofW~ by IIIsIru-' """,lIoc\JuIy 1.1,.3.. 1lJoI315,''''71. Filoolla:ools for _COIOIIJ, o.e..,.. (I) T..... _ .- 01 d""" 01_ u III ftltdl ill ~ ICCOIded July 19, 1991. iIlI1:c11510,'.321, FiIII.....for-CO\lIlIy.OIepII. TO IIA VI; o\IID '10 HOLD 1M pranlou Illd hs oppon- \IIlID lbo CIIIIfIO ... 1ho .,.-, _ad...... _....lIlt _hao1>1_ra IIllIwi1IIlba.- ut'al_: Ihat lb. cramor is ,.;0e4 of... esllle ill ... pranir<t will... !be .,- pIIIpIlIIS .. -..,. .,cIlboI tbo ......... .... r;ooot riallr .. .-., olio _ dltt IIlo pranboI ON ho .114 c\_ of all lIcIIS IIllI -"..-S .... _lIooeri1>cd _. .. wlli<Ia 1hiI_ is aJllll5llY IMllc ea\>jtot; IIllI tbsIlIle ........ wiD _sad 1lofend olio lido lollle,....... O....lIlawr...cleime--. ,~ i'~~;"-":sJ"4~M.r~"""""""-._'''''' ,. . . ........--.,....... ,- \ . , :t"._J ._....._~ .,.. \ i j I I I I \ I \ ~r. - - . ' 1 \ \ \ , 1tOTlC." Thi......._ wiD ... _ UtI of... p'operlY Ilcocribo4 ill "'1.1_111 w.1at\oD 01 oppIIeablo lo0oi ... IoWl ... .....I.u- BoCola sip... Of -"" tbia ~ .... ~ O<q\Iirin& r..1idc ID IIle properly........ chodt wilII1lIe """"""" dIy or County ,....... ~ 10 YIlIify '_'" ..... lN1"I.URI'IATIOIl: Sioplar....... _ llonlD IhoII be I03Il11 If wril1ll0 in 1110 pNnI ..... 1110 _' .. IOq1IIm .. pemlIL no dfocd.. "* of.... _ i. ... "* "" fixtb immod18IJ be.... 1114 I. .... dole 011 wIIicb k will_ cll\:ct .......... of whotb:r 1110 __ .Ip .... dIlOlI bcfooe Of -........... Till COIiSIOP.II4T1Ol'llor 1lIi. cIraaIls...... 01$750,000.00. DJIECtlVaDATI\: _~ Ii1IlIDRIQ' Ga.,.,.., C~ J. COUIIl AIlIl hlAUlIWIC. alDIN ,ANlLY IT By: I I , , ,. I I. '\ N_ 0fIi00: __ By: ~'~~~L~~, orr_ Tlw... CLAtID\loIIl !.lUrtTIlk III!VOC....U 1WST By: ~JJ~..~.:..>t. ~htv _: CIoaiiDo 8.1tu1W 0lIIc0: _ _/!jL ~/. N_ c. 10"" CodIia ~ 4.~ N ~ Kadly A. C",", . . . i j' i 1 , I i . \ VI . :. ....--.... . .......,-'4"I:t;n~..4:.'.. ~liii 0' ~ >f a' Z' I , , . ':r~: ,"" "\ \ ll(__--1 .' . ..._-- " -- -- - .--- ~. j I .. i ~ S_.,~'11.t..u,J..- \ C_y afMollea ~ Thls 1_.... ~~p1 before ...... I/J .,,)'1 . ~ by Oorif J. C......... Marjorie C. eo...... u II11II... or \IIc ChaIa J. CorblD II1II Jdujarlc C. CodJla Funily Tnul. \IIc - IIIR ..........111. tridlin ialnIDcaL __~'~A/M~ NoIIr)'N>IIotot~"lU..uw- My~Expirlll: -1JJJ~ :JSp-t \ \ I ! I I ""'-1'UlIJQ 1l1'A1E0I'_ ~I\~.J _..~ .......4"""- 1UtNI_ eo..ty~..d-. Thls __ _ oda>owIo<lpi bolo<o .. .. ~.b.t.t1B.1000. by ~.. -. ....,.. offT CIou4ilIo s. _ ltrYocobIe Tnlol, Ilw _1IIlt -.lid" wid1ia__ ~ ,', l.fl1~ 1.,,-1,.1 N....,.P_I'Ilr~ f'IOfldo... M, Conun\ulaIlIlxpin:>: . _ "C-!JIM.- ...ce,.... .....,-1'...... _of~I;'9.j,,~ c-"or_&..Io..., TIll, ~ .... ..:bowlodpd befIw ... OIl (')cJJJbef.;J~ , JOOO. by C. J.... CorhIII .... Kadl, A.. Cn'" 1110 ....-lIIol.UClIlad 1ho - .....-. -:;L..., 11.4.1" N....,.~.foc~~n " ......,,( '. My~1!xJiirw: npr.l '1",~ilIr3. f~"':''Iti.~..\ : -';/("..O"..."V\ ': \.}... ~~~~~i!; ..~~~L~. . ".,o,.V' .... ,.,..,..' 1loe4 . I \ I I I , \ I I ! , I I I I I \ I \ , l 1 r.....-.-.. ._-...............~~..,-~._.-. ..d. O' , . j >. o 3:' .-_ T --...... _........,~. .\ I ...~, I ,~....~_ ..J , ...\"":. ~ DONALD M. KELLEY PHILIP T. KELLEY PATR.ICK E. DOYLE DA VlD A. WENDELL KELLEY. KELLEY. DOYLE Attornl!Ys and Counselors 110 NORTH SBCOND STRBBT SILVBRTON,ORBGON 97381 June 24, 2004 A TTN: Naomi Zwerdling, Senior Planner City of Wood bum 270 Montgomery Street Woodburn, OR 97071 ARBA CODE 503 TELEPHONE 873~8671 * REC'O ~ JUN J 6 Z004 ~"""\lIIr( llfMEwrer. Sent via Facsimile to (503) 982-5244 and by First Class Mail Re: WesMar Land Company Dear Ms. Zwerdling: Enclosed is the Applicant's Statement. If you have any questions, please call me. Yours truly, KELLEY. KELLEY. DOYLE p?=:;~!rf PED:cep Enclosure pc: WesMar Land Co. . W~QD~RN 1,,,,,"'1</ ,," CITY OF WOODBURN VARIANCE CRITERIA Provide a written response in the spaces provided below to show how the proposed variance complies with each of the following criteria. Attach additional pages if necessary. Criteria. A determination of whether the criteria set forth arc satisfied necessarily involves the balancing of competing md conflicting interest. The factors that are listed to be considered are not criteria and are not intended to be an exclusive list. The factors to be considered are used as a guide in deliberations on the application. l. The variance is necessmy to prevent unnecessary hardship relating to the land or stmcture which would cause the property to be unbuildable by application of the WDO. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. See attached st"t.-...nt for written response t..o =it..rh 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include but are no limited to: a. Physical impacts such development will have because of the variance, such as visual, noise, traffic and drainag erosion and landslide hazards. b. Incremental impacts occurring as a result of the proposed variance. (:\COmmunlty Devetopmenl\f'lannl"'l\FOrmslWDO AppllcatklnslType Ill\VAR Appllcadon.wpd ~. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property; 5. The variance does not conflict with the Woodburn Comprehensive Plan. 1:\Community Development\P1annlng\Fonns\WOO Appllcallons\Type Ill\VAR Appllcatlon.wpd -, . .~- Aoolicants' Statement Applicant Wesmar Land Company is the owner of real property (hereinafter referred to as "the subject property"), approximately 39,500 square feet in area, located on the north side of State Highway 214 ("SH 214") between Evergreen Avenue and U.S. Interstate Highway 5 ("1-5") in Woodburn. The subject property is zoned Commercial General (CG) and designated Commercial under the Woodburn Comprehensive Plan. The CG zone permits a wide range of retail and commercial uses, including, among others, hotel/motel, food service and gas stations. The subject property is located at Woodburn's freeway interchange and this area is primarily a heavily developed commercial district supporting a wide range of freeway oriented commercial uses, including several gas stations, restaurants and motels. All public utilities and city services are available to the subject property including public water and sanitary sewer. The City of Woodburn also supplies police and tire protection services. Applicant Wesmar, Inc. is the owner of a non-conforming permanent 41.5 foot tall freestanding sign approximately 160 square feet in area for the Wendy's Restaurant located on the subject property. A drawing of the sign is attached to this statement. The Oregon Department of Transportation (ODOn has planned a project to change the section ofSH 214 from 1-5 to Evergreen Avenue which includes the roadway adjacent to the subject property. As part of its proposed project, ODOT is seeking condemnation of a portion of the subject property and condemnation of W esmar' s sign. ODOT has now removed Wesmar's sign. Woodburn Development Ordinance (WDO) No. 2092 (Signs) Section 11 provides that a free standing sign may be 35 feet in height and 75 square feet in area. As a precaution, Applicants seek a variance of the sign height and area requirements so that ifODOT is successful in forcing the removal and relocation ofWesmar, Inc's sign, Wesmar will be able to reuse its sign at its current height in the new location. A variance may be granted from any regulation ofWDO 2092, Section 14 in accordance with the variance procedures set forth in the WDO. Variances are determined under the following criteria found in WDO 5.103.11: 1. The variance is necessary to prevent unnecessary hardship to the land or structure which would cause the property to be unbuildable by application of the WDO. Factors to consider in determining whether hardship exists, include: 1 .... <,' >"'-'-~-".' 11" . ." a) Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish itfrom other land in the zone. including but not limited to lot size. shape. topography. ODOT has filed a lawsuit to condemn the sign and that portion of the subject property that contains the sign. ODOT has now removed Applicants' sign. The Applicants hold a vested right to continue the use of the sign at its present height and area size. The State of Oregon has violated that right. The City of Woodburn, a municipal corporation of the State of Oregon, should not cooperate in the State's violation of Applicants' vested right. In other words, two entities of the state, a department and a municipal government in this case, should not be able to come together to remove a vested right held by the Applicants. Removed from its current location, the sign is unusable without a variance for its height and area. b) Whether reasonable use similar to other properties can be made of the property without the variance. Again, this factor is not directly applicable to this request because it relates to the subject property and not the sign. If the sign is removed, Applicants' business will be severely damaged. The Wendy's Restaurant, like other restaurants in the vicinity, depends heavily on its sign to attract business, especially drivers coming in offofI"5 and Hwy. 214. c) Whether the hardship was created by the person requesting the variance. Applicants did not create the hardship. ODOT seeks condemnation of the sign and that portion of the subject property holding the sign. ODOT's condemnation action and effort to remove the sign is the cause of the hardship. The Applicants will suffer further hardship economically if their vested right in the sign at its present height and area size is taken from them because a new sign would be far Jess visible froJD 1-5. Likewise, the Applicants' competitors' signs (i.e., McDonalds, Kentucky Fried Chicken) are not under the same threat of condemnation and are in many cases taller and larger. Applicants should not be forced to a competitive disadvantage by the removal of their sign. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered in determining whether development consistent with the variance materially injurious include but are not limited to: a) Physical impacts such development will have because of the variance, such as visual. noise. traffic and drainage, erosion and landslide hazards. 2 ~_. .. . . -- If ODOT is unsuccessful in its condemnation action, the sign will remain in its current location on the subject property and at its current height. If ODOT is successful, the sign will be moved to a new location on the subject property. Moving the sign to a new location on the subject property but maintaining it at its current height and area will have little physical impact on adjacent properties. Already the area is heavily developed as a commercial center. Other signs in the area are of equal or greater height. Maintaining the sign at its current height and area will in no way affect traffic, noise, drainage or any other factors. Visually, the sign's height and area are consistent with the other signs in the area. There would be no additional impact because nothing would change from how it is presently. b) Incremental impacts occurring as a result of the proposed variance. As mentioned above, there will be no impact from the variance because the sign will remain at its current height and area. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic landforms or parks will not be adversely affected because of the variance. As stated above there will be no adverse affects from the variance. The area is highly developed in commercial use. There are no natural systems in the area. Physical , systems, such as traffic will not be impacted by the height ahd area of the sign. Dramatic land forms or parks are also absent in the area. There will be no adverse affects as a result of this variance. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property. Either the variance is granted or the sign loses all value. The sign has a height of 41.5 feet and an area of over 160 s.quare feet. Without the variance, the sign has no economic value. The requested variance is the minimum deviation necessary to make reasonable economic use of the property. 5. The variance does not conflict with the Woodburn Comprehensive Plan. The area in which the subject property is located, the "1-5 Interchange", is discussed in several parts of the Woodburn Comprehensive Plan (WCP). See WCP, pp. 14 and 79. The WCP recognizes the commercial importance of the 1-5 Interchange area. Inherent in that recognition is the fact that commercial businesses need signs. In particular, businesses reliant on 1-5 traffic for their customers need signs that are visible to those traveling on 1-5. Goals and Policies related to Commercial Laild Development contain 3 ~ .,. .' . ~. no mention of signs. WCP, pp. 47-48. The City's Sign Ordinance is discussed generally at pages 81-82 of the WCP, especially with regard to public safety and aesthetics. It contains no discussion of sign height and contains nothing that this variance request would conflict with. The height variance, as discussed above will have no impact on either of these factors. This request for a variance in no way conflicts with the WCP. 4 - - . . Iii ---- >, I ~ I :;: ~ iii I , . . ... -........-..-- --- tv a1 t I I , . I . , ,i I: . I I : , ~ l I ?i ~ . I I ,T:J~I\ ~ 3 -- .,,-' ." · .. U; i II :1: ~ ~ ~'\:\ I! :11' ~ __----:..J. , --.... ....,: I -.... I ~~.:.::~.~:..... "~ I liC , ". .....'\1 ! ,~ ......... " ._,.,~__.... ~1!lV..... '01' ";- '" 'L..... I ~. ....,,---. . , 't:. ""\.A .- . ... .. .. 1 .._.~'"-- <t, I"~'>' 9 n . ~ "'-- .... 6... .~. .n ~ , --~ ..~..-.~ .-...... ......:.- ...... ........... $-...... - _~ _ .. . .............., 0...,.' ". g I~~ 1: """-- -1~-"1. ~ ! ~i :: ............... IS'~~ IN ~~: ";6;""" ~~ ~ ...~' " ". ",( ~ ~ ; ~~~ 6'),..... .- ~ : 0," -1~~~~ Q',';,..(~ : ~""'" I !I , ~ ; " ...." ~ ........ :. :loo t. ... . 8 [ r.....'.. !:i:l\~ i. " l:I.,a!IH,: ~ t,I'1 II." ::l ~ ~ 1 \ iI \ ;1\ I\~ '1 "'I -1\ jlJ ~I: I. n"" !. .l I . ~li !!J III eo N ;>",! . II g "I !U~'lj 11 ... I ,1'" I ,0 .1'> "U'I 1" hg I,ll ~Iml I! .. '. . I tl .' ~ II 1'+ ~~111,~ ..~ ~J\IIIUIl '" DONALD M. KELLEY PHILIP T. KELLEY PATRICK E. DOYLE DAVID A. WENDELL KELLEY · KELLEY · DOYLE Attornrys and Counselors 110 NORTH SECOND STREET SILVERTON, OREGON 97381 AREA CODE 503 TELEPI-IONE 873-8671 July 22, 2004 City of Wood bum Planning Commission 270 Montgomery Street Woodburn, OR 97074 To the Planning Commission: Please include in the record the attached letter from Bruce F. Shafer, Traffic Engineer, and affidavits from Nick Amo, Owner of Metro Signs and Jane Wilkinson, Area Director for Wendy's. There is a clarification with regard to the staff report and the application filed in this matter. Applicant is requesting a variance to allow it to reinstall its old sign at a height of 41.5 feet and approximately 180 square feet. The staff report lists the square footage under the request at approximately 140 square feet. There is a question of what applicant has been granted on a backup sign permit. Applicant will request that the Planning Director reconsider his decision that applicant's back up approval is for a sign 15' 10" inches tall and 54 square feet in size. Applicant contends that it applied for a 35 foot tall, 75 square foot sign. Whether the sign approval is for a the shorter 15 foot sign (as the staff claims) or 35 foot sign (as applicant claims), the hardship to the applicant over the loss of its non-conforming use sign remains. In fact, a 15 foot sign would significantly increase Wesmar's hardship. Yours truly, ~D:~ Kelley Kelley Doyle ~ t.~ibi t C Bfs :---, Mr. Patrick E. Doyle Kelley, Kelley Doyle Attorneys 110 North Second Street SiIverton, Oregon 97381 .' BRUCE F. SCHAFER, P.E. CONSULTING. ENGINEER 4710'15th COURT SOUTH SALEM, OREGON 97302 (503) 364-37049 ' .' TRAFFIC ENGINEERING- AND . TRANSPORTATION PLANNING. Project No. BFS 315. July 21, 2004 SUBJECT: Tall Freeway Sign Need and Effect on Motorist REFERENCE: Wendy's Woodburn Dear Mr. Doyle, Traffic using the Wendy's drive-thru window was recounted during the noontime and PM peak periods on Friday July 16, 2004 and Saturday July 17, 2004. Comparing the previous counts taken last February it was determined that the drive-thru traffic dropped, approximately 20%, from February to July during the same peak periods. However a comparison of weekly sales volumes for the same periods shows that the volume goes up approximately 22%. This normal seasonal increase follows improved weather conditions from winter to summer with longer days. Yet the drive-thru traffic has dropped significantly. The only significant change was that the freeway sign had been removed. A taller and larger sign will not negati',rely effect the traffic system in the vicinity of the subject property. In fact, a taller and larger sign will positively benefit the traffic system flow surrounding the property. Signs are critical to safe movement by the traveling public and are the primary wayfmding device employed in today's North American mobile consumer society. Traffic risks and accidents occur in part because people are not provided information necessary for the driving task. Drivers look for and expect to find signs telling them where to go and what is available once they get there. A sign that is too small, to short, badly placed, poorly illuminated, or that cannot be discerned from its hackground is frustrating to the motorist/consumer and may result in the motorist/consumer making unsafe traffic maneuvers. Proper sign height and size enhances driver readability and safe reaction times. A positive side effect of legible and well-placed signs decreases the time that the driver is looking away from t.he ~ _,,~_., ".,._____.._'M...."__.__ ,.__~___........_ 11" . road, thereby reducing accident potential. The more complex the driving situation, the more easily the sign should be seen and read. This is particularly true for freeway interchanges, as in the case here, where the driver is often required or needs to make split second decisions. Safe wayfmding is not only important on major highways, but also very important on local roads. A jurisdiction that relegates certain activities to certain areas, and then won't permit adequate informational and directional signage, is creating the potential for a public hazard. Frustrated motorists/consumers will make unsafe traffic maneuvers to get where they want to go. Furthermore, as the present motoring population ages, and driver visual acuity concurrently decreases, the need for better sign discemibitly and legibility will correspondingly increase. In conclusion, granting the variance requested by the applicant will help, not hinder, the traffic flow in the road system at the only interchange area of the City of W oodbum. Should you have any questions please contact this office. C:\BFSPEIACTIVE\31S\\ WORDICOORESPONDENCElLOn I 04.DOC 2 -~...,.. AFFIDA VlT 1. Nick Amo, berdly swear and state the fofiowiDg; 1. I am the Owner of Metro Signs ofSpringfie1cl, Oregon.. Metro Signs is a full service sign company specia1iziDg in mounted and stand alcme commercial elec:trical signs. I have 3S yars of experience in the sign btmnes5 as an employee of sign bllsinesses and as owner ofMetta Signa.. 2. I spellt :;l.Dyeaa ofmy cm:crworlring for AdAm Signs of'CLIq.r\ California. Ad Am Signs iDstalled and maintained all sign.. for McDooaId's Restaurants along the entire West COlISt of the United States. Metro Signs has instal1ed and suviced signs for a variety of quielt-sc:rvic:e restlWr&n1S in ORgon. including Wendy's, Burger King and McDonald's. 3. ODe service that I haw provided through bodI Ad Art Signs and Mecro Signs is "flagging" a site for a prospective sign to test coaspicuity and legibility. COl\SPicuity 01' "COIISpicuoosness" tests whether a sign is distinguishable ftom its surroundings. i.e., it must be able to attract the drivcr's lIttaJtion.. "Legibility" is the exteIl1 !bat a sign is readable and its letters or symbols discernible to permit near inslant camprd1ensiOll by the observer, in 1bis case, a driver traveling down tbe highway. One .~ of the most impouam variables underlying both conspicuity and legibility is the size and beigbt of the sign. For obvious reasons, sign height and size mattem.. Fer instance, fur signs in rora1 areas and on high-speed roads, a gJ:...at. height and larger 1etterinw'symbols are needed. The San Diego, California sign code aUows signs to be 75 feet high and 300 ~. . feet square along the City's high-speed interstates. The salllC principles are trUe in this case. 4. Wendy's bas requested a variance in 0Idec to keep the _ siga configuration it bad before the State of 0rq0II ordemi its sign removed. That sign was approxiInately 41.S feet tall and approximatdy 178 feet sqwn. It is my lIIlCIas1anding that Wendy's is allowed a sign 3S feet tall and 7S feet square: as a :n:plac~ fOl: lis old sign. Basc:d on my experimce in the sip business and the bundreds offlaggiDg studies I have done for quick-food RSI8W1IDts, the new sign dimcusioos will significantly diminisb the conspicuity aad legibility of Wendy's sigaagc. In /aymI:o's teams. Way.s_ly approvedsiga is akin to the sizeo!a "postage stamp". The size of the sign will make it difficult, if not impossible, for c:ustomas to idcmitY the Wendy's, espccialIy given the prcpondcram:c of otbca- signs in the amL It is also my opiDiOll, again based on my years working with quici:~tbod reswlrilnts sUCh lIS Wcndy's,McOOiiaId's 8Dd Burger King 1hat !be proposed smaller sign will1cad to a signifu:aot drop in sales for the restaurant. There is a direct corrcIldiOll between sign me and height and the 8II1OUJU spent per tIallsdOll by a consumer. S. then: is no WILy to modifY 01: deCirease the size ofthc sign boxes 01: die pole that was ordered removed by 1hc Stare of Oregon. In my experiau:e there is no IDlIIkct for the sale ofuscd signs akin to the one ordered removed by the State of Oregon. The sign bas zero vaJuc apart from its use on 1his site. T-- ~,-,...,....,.,._., - "_._....,,_.",..~..._~._,_._-_.._._>---'-_.- T I _.~ DATED this ~~ ~Mmq7tA . · U4 Nic:lt AmD STATE OF OREGON . ) )55- County of Lane ) ) On this ?:l..J day of July, 2004, personally awcared before me Nick AmD and acknowledpd the foregoillg Ins1J:umeDt to be ba ~ act and deed. ~..""~ My CQft'IInim.... ExpiRs: PD 1i(J~ OFFICIAL SEAl PATRICK E. DOYLE NOTARY PUBUC.()REGON COMMISSION NO. 376026 MY COMMISSION EXPIRES JAN. 4, 2008 ..... ---, ..--"--,' ~.'~'.""'-' ----~.._.~.~.._"~. ,-,-"~,,--~-,-,"-,,,."-,--,-,'-"-"-'--'-'''''''-" " I ~. AJ'IrIDA vrr I, J_ ~II, benlby $Well' llICI...lIIa the tbUowing is bIScd OIl my own pcrsooal knowIcdp or1he lzIfcrma1loo ~ bacia. I. I lID 1fae Ar1:a 0paIar far WaHIy's p-"""'GtI in ~ III my Cl8JIICitY as Area ()perat<<, I CMftCe ~ daily opcntions oftbc Wendy'llteII8unInta 0WDed by C-9talltlstumll. AI Area 0pemI0r I lID filmilia- with the 1"'I*t ofsi....l<<MlnQ, 8Dd tc08l~hic ch~ lIIld tbcir aftllct OIl SI1eI at. restmaDt. My by NlIII'l"'o1J :lif;y is ~LII"11IId ....l_Ift...e tlIe sales at lllIdl olour wCIldy's ~ 2. ~ tocIay'. wry ~. buliDell 0IIYirclanIflII. c:Jur, c:onspkuous md properly Ii2ed lian Is ".. J.tIlIl to . _--tQl quiI;k serve ~...at busiDell. WItIIoat. JIIV)I'lIiy delIianed IDd -U placed oo-premiae sip. a COIIIIJla'CIal site lite ours m Woodbum caDllOt 1h-tloa lit its 1bU ~t1.1 The accessity ofa PlOt-Iy desipc:d sip .. been bomc 0IIt since the Slate's muoval of OlD" old sillL SiDce tile StaIe'.1eIIIlWaI of our sip sal. at the WoodbUOl Wendy's bavc plullllDCtl:d.. The rcaso.na forb IIlftre drop in sales are ctireetJy atlrlbucablc to the loss of our sip '--.the Wllldy'. ill Woodbum II.. -.pic ofa "sip~"'d!' Site, i.e., tbc lip catcbcs.1be ~ of our customer& and Icads them to our restaurant. Remow a sip or st.y Jessee the visibility lIIId. c:oaspiI:uoumea of a siBIl at . si~b:1c site ad dae ~ is M almost ImmedIlIIeIy in tIte Ic:vd of an- reveaues. Ja additiClD, tbi8 Wendy's R--..a II what is ...A.....d to. . "'biahway odeated """iDes.... With a bi&f1way orieoted bu......., CO'P",,", are eompletely dcptIIdlll1t on sip viIfltlc to the biJhway to fMI.....~ whc:c to ... l-AmDAVJT get dcsinlcI aoodI 01' servic:es. We rel)' almost euIire1y 011 oar exlaiOl'sipap to ""GlIeCt with our seammt oflhc mm:et. In.fac:t, it is sac. to say 1hat its S'ID keeps lhlI Weudy"s RaIa1h_l in to...b, rss 3. !llIndiow haw ',".ll>O!lA.w tbe iIDpIICt oflip 011 "'....:...." .....&......-<<1. OlIo Sludy .-1b..-1 by tile Califilmia B1cclric Sip "'~ the Int........c..m SJau Aaocfation, tile Sip u... CoaaI:ll ofCalifbmia aad 1be BUIiaea ldaltity CouuciI of AmerIca lias sho-. that 0Qe addidllll81144 square foot pOle sip adcIed SO.78 per 1P',,~ to Ifarc... The ...........4 of our old 170 IqUIre foot sip 1m demoasIrated dIiI fiDdiDa in tevcrse. Siace 1M removal sip. sales lit tile WoocIIlum Weady's have plu~ w. have IIeel1 &rIJI1Id permi,-i..., Ibr 15 sq.-e feet of sign. 'Ibis equals . ~ to 95 square teet or 56% in sip size. Using tbe Jludy citallIlovc we _ apect · .....~LdJ........1aa drop ill per 1nnSlIctim sales due to lb. _ of our old sign. 4. OUt Weady's Rabmraot OIl.Higb.way 214 is in direct ClOIIIpetitiOll wJtb . D1JIDbea' of 0Cber Iatawtub in ill imm..tiMt viciIlJty, iDcIwIiD. MdJcmald's, Taco Be11, Il1d Dalry QuecD. -. otbcn. NOIIC oftllose stoRIlIave beea ""--4 by 1he State's actioa on Highway 214. E..:h oCthBm IIPe beaI able to~ ill sip ill its pn:sem coadkioo. Our I'IlStIUnDCwill be at. silDificam disadwataae . compared to the odu:r stoia wiIb . sborl., sm.11er sillL We have peotlM.....d a surwy of oCher sigDa in lhc 1_... viclmty. All of1be ItDnS wbose sips weze m tlIwecllll'C 10""- 011 tbe llOUlh side ofHigbway 214. The Chevrua Service StIIlIOIl has. sip Ippi......-..}y 70 teet r.l1 lIIld 219 Iq1I8ft feet. The COlIIIIry Collqe hu a sip a~.m1Ulle1y 45 feet 1alIlIIIll SO !q1UIC feet. The McDcma1d's has a silll appoxfmatdy 45 1I:et talll1DCl6j IqumC feet. PIp 2 . AfIIIDA VlT T '.'m___..__" ..~.~._......,_.~_ , I -.--, r. e.m cue tbcae ocher slIlns have a sip dud Is Ildlcr 01' IIrau 01' ~ tiller llIId Iarpr. In -= ~ their sips pJace tbcm.llI: I sipi~ .aul...... over aar resIlIUnIat. S. The sip 1hat was ....."'....1IIIder the coadnaatfoa acdoD by ODQT CIIIIIOt be """'ifi.... to meet tbo 7S square foot sip__ ~ 01' 1he 35 root taU sip beigbt 1..,4_t. ApIrt fi:om *1110 It dill WoocIbl.u. Way's it baa no odler use. 'lbcn Is alto DO ."., for it to be DIed. ..-.,,,,, Woady's '-.. When. WCDdJ'11s COIIIlr1ICfcd tbc loeaJ 0WDeI' _dwes III emIre p""1r~ae (baiJdIn.. sips. equi}....ut, CfC.) Dam WeJJdy'slnr<<MdoaaL There Is DO"""" that our c:ompmy hid Il"vJ"'l'I:Y rilht In die lip ..tddl W8I faIclm by the SWa, u wen.. ID 'lIt.. la its dpt ID tIJe sian . I non-coDtbrmb.a 0Ir ftlICed riBbf. DAT.EDlflis 2.1 dayofluly,2004. tr ~ ..l"~'l~~ ," STAm OF OlU!OON ) ) IS. County ofLae ) Os this 1/1,; ~ of July, 2004, ...--")' BppCared betbR me JANE WlUaNSoN ..-..-....-p-,..- . Offi'<~ ~-r~~~ PATRICK E. {Y' , = ay __- NOTARY PUHiC '" :, cl>l COMMISSION ,.,-, 37;,,26 t.f'( COMMISSION EXPIRES. "i\N. 4, 2008 P.3. AFJlJDAm T '. y . , .</;.~~~ ~'S ......- December 9, 2003 Department of Trans-portation Region 2 RighI of Way 455 Airport Road SE, Bldg A Salem OR 97301-5397 Phonor. (503) 986-2601 FAX' (503) 986-2622 FILE CODE: Donald M. Kelley Kelley, Kelley and Doyle 110 North Second Street Silverton, OR. 97381 File No.: Section: 7075004 OR 214:1-5 -Evergreen Ave (Woodburn) Hillsbof'o-Silverton Marion X-5TP-5140(016) Highway: County: FAP#: Thank you for the opportunity to meet and disc:uss the various issues of the Wesmar land Co. acquisition. In the meeting much of our discussion revolved around the Woodbum Interchange Re-build. I had said I thought this was stili 8 to 10 years out. I contacted our Region planner to discuss SCheduling and funding for the lnlercttange project. The Environmental Assessment (EA) should be completed by the sunvner of ;2005. The EA is required to gain federal approval for construction. Approximately $9.7 mHllon has been earmarked at thJs time in the 2004 to 2007 State Highway Improvement Plan (STlP) for post-EA d~ign and right of way purchase although the funds available are not expected to cover all ROW acquisition costs. The project has not been nmded for constnJctlon but could be placed in the construction STIP as early as the tal of 2005, if construction funding can be secured by then. Actual constructiCln would not likely begin until 2008 due to the time needed for final design and ROW acquisition. Construcllon funding may become available between now and 2005 through state or federal sources. However, despite being a very high priority for the MId-Willametle Valley Area Commission on Transportation (the MWVACT makes project recommendations to the Oregon Transportation Commission for Marion, Polk, and VamhlH County) it is by no means a certainty that this project wiA secure construction funding by 2005 given the stiff competition for limited fund Ing. It is possible that we could begin rtght of way acqUisition as early as the faU of 2005 for this projeet, but fully implementing the ROW acquisltlon process will depend on successtul completion of the EA. So, until we are assured of successful EA completion, I am unable to provide you with a definite time line. I also wanted to clarify that this project is not related to the upcoming interchange re-buJId. While In conversation we may have referred to this project as phase one of the larger Interchange project. This is a separate stand alone project. This project addresses immedIate congestion relief needed in the area. Also of concern was the work to be done in the temporary easement area. This area will be used to re-establish your storm sewer drainage system by the placement of new inlets and pipe. This will be reconnected to the existing storm sewer system. This work is being done for the benefit of the property and should be an upgrade of your existing system. No other contract construction work is expected in this temporary easement area. t'''lrm1.'''.I~(I-4J!I) ~.:" T '. T . " Utility moves and reconneetlons will be done by the various utility providers if needed. Of specific concem are the water lines. It appears that the water serving the store itself Is not In conflict but the water serving the irrigation system may be in confliCt. The utility companies are responsible for providing rel~tion of their services. They work closely with our Utility Specialist to move affected utilities out of the way of the constructiOn. Guy Johnson, the Project Team Leader has discussed these Issues with Mark Newman. During Mr. Johnson and Mr. Newman's discussion on utilities, we also discussed the possibility of additional compensation to cover the costs of reconflguratlon of the irrigation system and additional access from the new frontage road. I spoke with a City of Woodburn concemlng an additional approach onto the new frontage road. They indicated that they would find this acceptable. Mr. Newman said he would get estimates for these items and provide me a copy of the estimates. This Is not an agreement to pay these costs at this lime but a willingness to consider them. I also spoke with Jim Mulder of the City of Woodburn who stated the current sign ordinance limits the new sign height to 35 feet. He also stated that they are currently establishing a new sign ordinance that may further limit the height If and when you re-establish the sign you wiD need to work directly with the City of Woodburn concerning any ordinances they have. ODOT has no Jurisdiction in these matters. Once you are able to verify the ownership of the sign we will make another offer if nealssary. We will be offering to buy the sign as real property. If Mr. Smith is interested in buying the sign back, please let me know and we will do a salvage value appraisal to let you know the cost The other area of concern was the closure of the access/driveway onto the highway. You had . asked OOOT to re-visit this decision and you are preparing to have engineering performed to show that the length of the turn fane is excessive and can be shortened to allow for a right in access point. I have discussed the issue with the Project Leader who in tum discussed it with our Region 2 Access Development Review Coordinator. The access management on the project is based upon the decisions of the access sub-team and our statewide access management goals. A strategy has been developed that closes all driveways on the North side of the highway between the North bound on-ramp to Interstate 5 and Evergreen Avenue. We are not willing to re-visit the access strategy at this level at this time. Thank you for your cooperation and time. I look forward to continuing to work with you to resolve any concems you have on this acquisition. If you have any questions, please call me at: (503) 986-2613. , . ."..., ''Of" T'. '1. VARIANCE 04-10 ZONING MAP :or' ,f :# f 4f / RAINIER ....,,',.., '." . ."/r:. "~'.." .....'...";..... 0.09 , o 0.09 0.18 Miles Text Street Namee J:::../. Slreama 'K// Railroad IInee '0 Neighborhood Con..rvatlon Dletrict CJCItyLlmiW CJ Urban Gro_ Boundary D Aeeessor'e Taxlo.. Zoning Plan _CG ;1 CO . DOC :,'L _IP . NONE 1l1li PISP , R1S _RM RS N w E s '" '''....nl''ll:'..' D VARIANCE 04-10 COMPREHENSIVE PLAN MAP ". f...'f" !f9 ~ t; ~ 0.07 , o 0.07 Text Street Names ~ Streams 'N Railroad lines t:J Neighborhood Conservation District o City Limite c::l Ulban Growth Boundary Comprehensive Plan _ COMMERCIAL _ INDUSTRIAL D NONE _ OPEN SPACE AND PARKS _ PUBLIC USE D RESIDENTIAL (<12 UNITS/ACRE) _ RESIDENTIAL (>12 UNITS/ACRE) o Assessor's Taxlote "Y STATE HIGHWAY 214 ~ Q: 0.14 Miles N w ~J~ ~r'~ E s T I:AIIIUll " WOODBURN PLANNING COMMISSION MEETING .!'\,@~IiiIl!dJ.!'\, JULY 22, 2004 7:00 PM 1. ROLL CALL 2. MINUTES A. Woodburn Planning Cammission Minutes of July 8, 2004 3. BUSINESS FROM THE AUDIENCE 4. COMMUNICATIONS A. Woodburn City Council Minutes of June 28, 2004 5. PUBLIC HEARING A. Variance 04-10, request for a varianee to Section 11 ( C )( 5 ) and ( 6 ) of the Woodburn Sign Ordinance to allow for the 35 foot maximum sign height allowed in the CG zone to be increased to 41112 feet (Variance A) and the 75 square foot maximum sign area to be increased to 140.4 square feet (Variance B), located at 2875 Newberg Hwy., WESMAR Land Co., applicant. 6. ITEMS FOR ACTION A. Final Order for Design Review 03-19 and Variance 04-02, request to construct an 8,610 sq. ft. industrial storage building and decrease the required 60 feet of right-of-way on Birds Eye Avenue to 50 feet, located at 130 S. Birds Eye Avenue, RSS Architecture, applicant. 7. DISCUSSION ITEMS 8. REPORTS 9. BUSINESS FROM THE COMMISSION 10. ADJOURNMENT WOODBURN PLANNING COMMISSION July 22, 2004 CONVENED The Planning Commission met In a regular session at 7:00 p.m. In City Hall Council Chambers with Chairperson Lima presiding. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Lima Young Vancil Grlgorleff Knoles Bandelow P P P P P P Staff Present: Jim Mulder, Community Development Director Naomi Zwerdllng, Senior Planner Chairoerson Lima provided an opening statement for Public Hearing. MiNUTES A. Woodbum Plannlna Commission Minutes of Julv 8. 2004 Chairoerson Lima referred to the Business from the Commission section and pointed out it was Commissioner Vancil who reported there was a proposed charter school to go in next to the Baptist Church not Commissioner Knoles. He also made reference to his statement regarding attending the presentation for the new police department faciiities and noted he did not attend the presentation but his family did and requested this change be reflected in the minutes. Vice Chairoerson Youna moved to accept the minutes with the noted corrections. Commissioner Bandelow seconded the motion, which unanimously carried. BUSINESS FROM THE AUDIENCE None COMMUNICATIONS A. Woodburn City Council Minutes of June 28. 2004 Chairoerson Lima inquired whether the reason the vacant Planning Commission position has not been filled was due to lack of applicants? Staff responded affirmatively. PUBLIC HEARING A. Variance 04-10. reauest for a variance to Section 11 (C)( 5 land (6 1 of the Woodburn Sian Ordinance to allow for the 35 foot maximum sian helaht allowed In the CG zone to be Increased to 41 Yo feet (Variance Al and the 75 sauare foot maximum sian area to be Increased to 140.4 sauare feet (Variance Bt located at 2875 Newbera Hwv.. WESMAR Land Co.. aDDllcant. EX-PARTE CONTACTS Vice Chairoerson Youna and Commissioner Griaorieff indicated they have been customers of Wendy's Restaurant. Commissioner Vancil stated he drove by and took a look at the site. Planning Commission Meeting - July 22, 2004 Page 1 of 7 . -----,------ - . Chairoerson Lima said he was familiar with the area. Staff read the applicable ORS Statement and provided a presentation as reflected in the Staff Report. Staff recommended denial of Variances A and B of Variance 04.10 based on the information in the report, the information provided by the applicant and the applicable review criteria. Commissioner Vancil inquired whether the 75 sq. ft. area and the 35 sq. ft. sign height requirements are based under the old sign ordinance? Staff stated that was the case and she indicated the new ordinance became effective July 1, 2004. Therefore, they are subject to the new standards in the previous sign ordinance because the applicant did submit the variance request before the effective date of the new sign code. Commissioner Vancil asked if the sign in question was subject to an ordinance that is even older than the one that was replaced? Staff replied affirmatively. Commissioner Lima questioned whether there are currently any requests from the applicant as to installing a conforming sign? Staff responded the applicant did submit a sign permit request for a 15 ft. 10 inch tall sign 54 sq. ft. in area before the July 1" effective date of the new ordinance which was reviewed and approved by Staff. Chairoerson Lima further inquired if they are entitled to have any other signs at this point? Staff stated if the applicant wanted to submit a new sign permit request, it would be under the current code which does not allow what the old code would have allowed. TESTIMONY BY THE APPLICANT Patrick Dovle. Attornev. 110 N. Second St.. Silverton. OR 97381 submitted additional evidence to be included in the record as Exhibit "C". He pointed out a variance has always acted as an escape valve to allow property owners relief from the strict requirements of a local zoning code especially in this case where the circumstances are unique and particularly burdensome. Mr. Doyle stated they are essentially asking to move the sign from one corner of their lot to the other corner of the lot. No changes will be made in the visual landscape of the street and they are not asking to go any higher but simply asking to be able to reuse that sign. He further remarked the site is highway oriented and relies on signs in a particular way to bring customers to it. Every step back lowers the visibility of the sign and every amount of lower visibility leads to lesser economic value for the site. Additionally, Mr. Doyle stated the loss of their nonconforming right was not of their own making. He reported the State is condemning the property and ordered the removal of the sign. If the State had not done that, they would have been fat and happy at their site with the previous sign. He made reference to Staff's comments regarding this being an interim project and he confirmed this to be accurate. It was further reported by Mr. Doyle that documentation from Regina Calloway with the Oregon Department of Transportation laid out a probable time line for the build out of this interchange. In addition, it is likely that their site will be completely gone with that build out. He indicated the allowance of their site with this sign can be viewed as a temporary measure because eventually that sne will be cleared and the sign will be gone. Mr. Doyle remarked a sign permit was submitted as a backup to the variance request. However, there has been some miscommunication and confusion between Planning Staff and the applicant with regards to what they asked for. An application was submitted prior to July 1,2004 because they wanted as tall a sign as they could possibly get. At that time, they thought they had made it clear that was what they were seeking. Since that time it has come to their attention, through the Staff Report, that there was some confusion and that Staff believed they were asking for a 15 ft. lOin. 52 sq. ft. sign. Mr. Doyle clarified that was not the case. The building permit laid out a 35.75 ft. and engineer drawings were submitted for that square footage. Planning Commission Meeting - July 22, 2004 Page 2 of 7 .,._.,"'---_._._~ - . Additionally, the drawing submitted with the permit was something received from Wendy's International but it was intended to illustrate the sign that they were going to put on top of a 27 ft. pole. He reiterated they are asking for a 35-75 ft. sign. Mr. Doyle asked the Commission to consider the faimess of what they are requesting and attempting to limit the individual burden placed on this one company. Moreover, Wendy's is left with a significant competitive disadvantage with those restaurants and businesses around it because of the size of the signs. He pointed out they did go out and survey signs in the area and found that they are at least 35 ft. or larger with usually a bigger square footage in the sign box itself. Mr. Doyle indicated Staff raised some good issues in the report and they tried to address those in the affidavits and the letters that were submitted tonight. He made reference to affidavits from Bruce Schaefer, Traffic Engineer; Dick Amo, Owner of Metro Signs and Jean Wilkenson, Wendy's Area Director. He said Mr. Schaefer measured the drop in customers at the Wendy's since the change in the sign situation and found a significant drop from last year with the only change being the removal of the sign. He also cites the importance of proper signage for safety. Mr. Doyle stated Mr. Schaefer concluded a larger and taller sign allows drivers to react earlier and to make the lane changes they need to make which brings about a rise in traffic safety. Mr. Amo's affidavit indicated that based on his years of experience conducting flagging studies, even a 35 ft. tall 75 sq. ft. sign will be difficult, if not impossible. to discern against the other signs and in all that conspicuousness it will be unreadable. He also concludes that lower visibility will lead directly to lower sales for this sign. Additionally, Mr. Amo talked about how there would be no way to modify the sign that was removed and therefore, it has lost all value except as it is used on this site. Finally, Ms. Wilkenson's affidavit talked about the role of a sign on a highway oriented business; the advantages of competitors in terms of size of signs and; no other use for this sign except at this particular site. It was Mr. Doyle's belief that the record is there if the Commission wanted to approve this variance. Additionally, Mr. Doyle referred to the issue raised by Staff regarding buildability and would this site be buildable without a sign variance. He said not all criterion are applicable to this application and commented that is one criteria that could never be met and because it could never be met, it has to be inapplicable. A situation could never be imagined where a variance is needed to make a site buildable or where denying a variance would make a site un buildable. It was pointed out by Mr. Doyle there were multiple variances approved several years ago for the Company Stores. He noted the Woodburn Company Stores were granted variances several years ago where it is obvious there is a much longerfrontage on Interstate &and probably less of a need for signage yet multiple variances were grantedtbere.- Mr. Doyle commented it was clear buildability was not an issue and felt it should not be an issue in this case. On the first criteria as well as the fifth criteria where Staff found it was inapplicable to the variance request, neither of them are applicable and should be considered for this application. In terms of compensation for the sign, Mr. Doyle said they may be given compensation for the sign itself but they will not be compensated for the loss of their nonconforming use, which is what is really the issue here. They had the right to use a 41 V. ft. sign that was anywhere between 140 and 100 sq. ft. depending on how you measured it. They have lost that and ODOT will not compensate them for that. If granted the variance, they will withdraw their application for the other sign because they would not need it because they do not intend to put two signs on this property and would state something in writing for that. Mr. Doyle provided a slide presentation illustrating the Wendy's sign as it formally stood and looked as well as other signage in the area. In closing, Mr. Doyle reiterated a few basic points: (1) The variance is an escape valve; (2) The variance in this case is being as an interim or temporary measure; (3) The fact that this is a sign-centric and highway oriented restaurant and that they need an efficient and effective sign to operate with the proper economic basis and; (4) This is not in their control and that the State is widening the road and they are in the process of taking this property. Chairoerson Lima referred to Mr. Amo's typewritten affidavit and inquired why are there handwritten notes on the affidavit? Patrick Dovle replied it was because they did not have access to a computer when Mr. Amo was reviewing it and they did not have the information when the affidavit was drafted. Chairoerson Lima asked Mr. Doyle whether the businesses he pointed out regarding sign height are going through the same process that the applicant is going through having part of the property condemned? Patrick Dovle answered the other businesses will maintain their signs because they are not going through Planning Commission Meeting - July 22. 2004 Page 3 of 7 ~,-,"-~'" .._-~-,_.......~~-~_.._--_."_.._~--,..,~-~,..,..,-,...__. the same process because they are South of Highway 214 and all the action is taking place particularly centered in three businesses closest to the freeway. Chairoerson Lima questioned if one could assume if they would go through the same condemnation process they would go through the same process the applicant is going through? Patrick Dovle replied affirmatively. Chairoerson Lima noted there are two other restaurants to the East. He inquired what would happen if you ask for a nonconforming sign which the applicant states is a freeway oriented sign and is closer to the freeway and the business to the East requests a taller sign because their business is further away from the freeway? Patrick Dovle explained the reason why they are asking for this particular variance is because they want to reuse this particular sign and it would benefit them to have a sign that could be seen from the highway. Chairoerson Lima stated he understood that however, others could follow suit requesting an even taller sign so it could be seen from the freeway because Wendy's got a tall sign. He asked how long has Wendy's been in business? Patrick Dovle responded Wendy's has been in business since 1969. Chairoerson Lima commented as a consumer, if he wants something from a particular business he is going to go to that business irregardless of how tall or short the signage is. Moreover, there is some name recognition with a business like Wendy's that has been in business for over 40 years. Patrick Dovle agreed with Chairperson Lima. He remarked sign recognition, discernability and the ability to perceive is the issue at hand, not name recognition. The nature of a quick service restaurant like Wendy's is it is impulse based and it is a sense when a consumer sees a sign, they respond to that and the sooner they see that sign, the quicker it is that they will respond to it Commissioner Bandelow referred to Mr. Doyle's comments regarding a significant drop in sales at Wendy's since the removal of the sign. She asked what number did the report show to determine it was a significant drop? Patrick Dovle replied Mr. Schaefer's letter pointed out drive-thru trallic alone dropped approximately 20 percent from February to July 2004 during the peak periods based on traffic studies Mr. Schaefer has performed at the property. Commissioner Bandelow noted the sign was not removed in February. Patrick Dovle clarified it was from counts taken. He said Mr. Schaefer's conclusion was that the drive-thru traffic has dropped significantly and the only significant change was that the freeway sign had been removed. Commissioner Bandelow reiterated the freeway sign has only been down a very short period of time and quoting figures from February sounds like there was another problem with sales. Patrick Dovle mentioned Ms. Wilkenson reported since the time the sign has been down they have noticed a $500-$800 drop per day in sales. He further commented general information was also provided in Ms. Wilkenson's affidavit that showed erecting a sign in place will increase the amount spent on each transaction through the store. Commissioner Bandelow recalled the day the sign was removed was a surprise to her because her initial reaction was that Wendy's was going out of business. She indicated she could certainly see there would be a change with the sign down especially from the local traffic that notice something is missing and may think Planning Commission Meeting - July 22, 2004 Page 4 of 7 it is not open, particularly with the low store interior lighting and the darkened windows. The perception of some people might be that the business is not open without having a sign there. However, that did not necessarily mean there needs to be a sign that high. Commissioner Griaorieff questioned whether there was a drop in sales before the sign came down due to the hike in gas prices? Patrick Dovle responded they were trending up in sales prior to the loss of the sign. Commissioner Gricorieff inquired how temporary will the sign be? Patrick Dovle commented it is difficult to say right now. There have been rumors that ODOT is going to make a move on this property within the next year. He further reported Ms. Calloway's letter states a potential of the Fall of 2005 is the earliest possible. It was further stated by Mr. Doyle the sign will remain as long as the business is there. Commissioner Gricorieff asked what will occur if something were to happen or OOOT changes their mind? Patrick Dovle said the sign would stay there. TESTIMONY BY PROPONENTS None TESTIMONY BY OPPONENTS None DISCUSSION Chairperson Lima closed the public hearing and opened Commission discussion. Commissioner Bandelow felt the sign ordinance was well dralled. Although she sympathized with the applicant, they will already be having a sign larger than any of the new businesses locating. Moreover, 3511. height 75 sq. II. is more than adequate for that area. She also mentioned there are a lot of incentives for a business to go with a monument sign. Commissioner Bandelow fell we need not grant the variance because the case has not been made and she felt the sign will be in place longer than a year. She stated the applicant had indicated they could live with the sign ordinance that was in effect prior to July 1, 2004. In closing, she commented Staff did a good job with the Stall Report and stated we needed to stay with the ordinance and not grant the variance. Vice Chairoerson Youna thought just the fact that it is such a congested construction zone right now may be attributable to the reduction in the revenue in the entire strip. He agreed with Commissioner Bandelow with the new ordinance the signs that are 7511. high are going to be the ones that you have to crane your neck to see and the more visible signs are ones that are more level that you notice as you drive down the road. He favored in keeping with the Staff with denying the variance. Commissioner Knoles concurred with his fellow Commissioners as far as denying the variance. He fell 35-75 II. sign should be sufficient considering what is happening in that area. As far as economics in that particular area, the construction has not helped anybody and a drop in business would also be very indicative of all the construction going on. Commissioner Griaorieff commented she did not like the idea that their business has dropped off because of whatever reason. However, if you allow one person to have one thing, then you are going to have to do it for everybody else. She mentioned they do have advertisement for their business from the freeway. Therefore. when you are looking for a place that you know is there, you are going to look for the specific building for that business because it is marked off on the freeway. She agreed with Staff to deny the Planning Commission Meering - July 22, 2004 Page 5 of 7 variance. Chairoerson Lima inquired how long did the Sign Ordinance Committee work on the ordinance and whether the meetings were opened to the community? Staff responded the committee worked for about three months. He stated they were open meetings but not noticed meetings. Commissioner Bandelow reported a lot of input was received from business representatives and/or individuals from the different segments of the community. She stated everyone felt that a good opportunity for business needed to be an attractive place to go to and that is what the Sign Ordinance works for and as well as to respond to getting rid of the clutter. Deniece Won. City of Woodburn Assistant City Attornev interjected the new Sign Ordinance that the focus group work led up to is not the Sign Ordinance the Commission is making this decision on tonight. Chairoerson Lima noted he could not pinpoint the significant drop in business with not having the sign there. He thought the construction zone for the interchange has a lot to do with it. Chairperson Lima further stated he could not see the point of granting the variance. Vice Chairoerson Youna requested clarification regarding the sign permit application filed by the applicant for a 15 ft. 10 inches tall sign. Staff clarified the City has approved a sign permit at 15 ft. 10 inches because the diagram presented of the sign that was proposed that was presented to Staff as part of a sign permit application showed a sign that was 15 ft. 10 inches. There was nothing in the application that indicated they wanted a 35ft. high sign. At this point, if the applicant wants to come back with another application for any other sign, they would now fall under the new sign ordinance because that became effective July 1, 2004. He further reported the applicant can not come in and obtain approval lor a 35 It. high sign at this point without the approval 01 a variance. Staft stated the applicant is stating there was some conlusion, however, Stall has no conlusion on the matter because Staff approved what was submitted. He stated the variance application is separate Irom the sign permit application. It was lurther reported by Staff the variance and sign permit applications were submitted at the same time by the applicant as a back up plan that il the variance were denied they would at least have a sign because the new Sign Ordinance would only allow a 12ft. high pole sign on the property. Commissioner Vancil stated he also supported denial 01 the variance. He said he drives quite a bit and he looks at off-ramps where monument signs are the only signs that are available yet the chains still built their stores there. Additionally, he looks at of I-ramps where they allow 150 ft. signs which he considered visual pollution. However, beyond his judgement, he did not see a lot 01 difference in traffic at those locations. Commissioner Vancil moved to deny Variance 04-1 O. Commissioner Bandelow seconded the motion, which carried unanimously. ITEMS FOR ACTION A. Final Order for Deslan Review 03-19 and Variance 04-02. reauest to construct an 8.610 sa. ft. Industrial storaae bulldlna and decrease the reaulred 60 feet of rlaht-or-wav on Birds Eve Avenue to 50 feet. located at 130 S. Birds Eve Avenue. PSS Architecture. aDDllcant. Commissioner Griaorieff stated although she was not present at the hearing, she felt comfortable with the Final Order. Vice Chairoerson Youna made a motion to approve the linal order as presented by Staff. Commissioner Knoles seconded the motion. Motion unanimously carried. DISCUSSION ITEMS Planning Commission Meeting - July 22, 2004 Page 6 of 7 None REPORTS None BUSINESS FROM THE COMMISSION Chairoerson Lima addressed the viewing public and encouraged anyone interested to apply lor the vacant Planning Commission position. ADJOURNMENT Commissioner Bandelow moved to adjourn the meeting. Motion was seconded by Commissioner Knoles, which carried. Meeting adjourned at 8:10 pm. APPROVED /~~~~ or/t9lov DATE CLAUDIO LIMA, CHAIRPERSON ATTEST Ji M Ider, Com unity Development Director Ci of Woodburn, Oregon g -/'1-(.' Y Date Planning Commission Meeting - July 22, 2004 Page 7 of 7 T T ~ ok REC'D ~ Notice of Aooeal SEP 0 1 2.004 WOODBURN COMMUN:1Y DEVELOPMENT Dc?' Case: Variance File No. 04-10 Date of Decision: August 19,2004 (copy attached) Appellant: Wesmar Land Company ("Wesmar") c/o Donald M. Kelley 110 North Second Street Silverton, OR 97381 503-873-8671 Appeal Fee: $1,594.00 (attached) Statement of Standing: Appellant Wesmar has standing to appeal the decision of the Plannmg Commission by virtue of its appearance before the Planning Commission, through legal counsel, both orally and in writing. Wesmar has been substantially adversely affected by the Planning Commission's decision as deseribed below. Statement of Grounds for Appeal: Wesmar incorporates by reference the record before the Planning Commission. A variance has always Deen considered an escape valve to allow property owners relief from the strict requirernents of a local zoning code, especially as here, when the circumstances are unique, particularly burdensome and there has been no public opposition to Wesmar's request. Backl!round Wesmar is the owner of real property (hereinafter referred to as "the subject property"), approximately 39,500 square feet in area, located on the north side of State Highway 214 ("SH 214") between Evergreen Avenue and U.S. Interstate Highway 5 ("1-5") in Woodburn. The subject property is Page I - Notice of AppealNariance File No. 04-10 zoned Commercial General (CG) and designated Commercial under the Woodburn Comprehensive Plan. The CG zone permits a wide range of retail and commercial uses, including, among others, hotel/motel, food service and gas stations. The subject property is located at Woodburn's freeway interchange and this area is primarily a heavily developed commercial district supporting a wide range of freeway oriented comrnercial uses, including several gas stations, restaurants and motels. All public utilities and city services are available to the subject property including public water and sanitary sewer. The City of Woodburn also supplies police and fire protection services. Wesmar was the owner of a permanent legal4l.5 foot tall freestanding sign approximately 160 square feet in area for the Wendy's Restaurant located on the subject property. For years, the City of Woodburn has sought improvement to traffic problems at this location. The Oregon Department of Transportation (ODOT) now has planned a project to change the section ofSH 214 from I- S to Evergreen Avenue which includes the roadway adjacent to the subject property. As part of its proposed project, aDaT is seeking condemnation of a portion of the subject property and condemnation ofWesmar's sign. ODaT has now removed Wesmar's sign. As a precaution, Wesmar sought a variance of the sign height and area requirements so that if aDaT is successful in forcing the permanent removal and relocation ofWesmar's sign, Wesmar will be able to reuse its sign at its current height and size in the new location. There was no citizen opposition to the variance hearing. The Planning Commission erred in denying Wesrnar's request for a variance pursuant to WOO 5.103.11 for the following reasons: Fairness The City itself has sought these changes. Wesmar's land is being sacrificed in the name of the public good. The City should not compound the damage by taking advantage of circumstances beyond the control of the land owner. Fairness dictates that the City grant Wesmar the variance. This Wendy's Restaurant is a "sign centric" and "highway oriented" restaurant. It relies on its signs to bring in customers from the highway and freeway. By denying Wesmar a sign that is near in size with its competitors, the City is forcing it into a significant disadvantage compared to the other restaurants in the area. Those restaurants, McDonalds, Taco Bell, Burger King, and Page 2 - Notice of AppealNariance File No. 04-10 ~ . '--'-"_._~-"--~"'-'.-~~"- " 11 Dairy Queen, are not effected by this action. In fact they are allowed to maintain their non-conforming signs. As a result they gain an obvious advantage because of their sign heights and sizes. Hardship Wesmar did not create this hardship. ODOT's condelllllation action with the City's support and encouragement is the cause of the hardship yet Wesmar suffers the result. Wesmar has and will continue to suffer economic hardship because a smaller sign is far less visible from 1-5. On the other hand, Wesmar's competitors' signs (i.e., McDonalds, Kentucky Fried Chicken, etc.) are not under the same threat of condelllllation and have existing taller and larger signs. Wesmar should not be forced to an economic hardship and competitive disadvantage by the removal of their sign merely because it is Wesmar's land that is being taken. Timinl!: It is most likely that ODOT will eventually condelllll Wesmar's entire property as part of the Interchange improvements and, therefore, the approval of the variance will be a temporary measure at most. In the meantime, the "1-5 Interchange", is recognized for its commercial importance. Inherent in that recognition is the fact thatcommetcial businesses need signs. In particular, businesses reliant on 1-5 and Hwy 214 traffic for their customers need signs that are visible to those traveling on those roads. Wesmar has met all of the relevant criteria for the variance as demonstrated above and in the record before the Planning Commission. Based on the above, the City Council should reverse the Planning Commission's decision and approve Wesmar's variance request. Page 3 - Notice of AppealNariance File No. 04-10 ... . . ----......---.....,............,...- ~ , . CITY OF WOODBURN * REC'D *: SEP 0 1 2004 W.2.Q.~u~N I""p""'/ 1181 NOTICE OF INTENT TO APPEAL WOODBURN COMMUNITY OEVELOPMENT OEPT. o File Number: 04-}O 0 Date of Decision: /W6- NJJoor/- , o Appellant'sName: I.vL5 MI4-R L*,~ CoWl(JPt~y o Mailing Address: 1'/n I'~,O ~'I~fI ~f.y c; i l,/~A 10 M I ()fl.. q '73rr/ o Daytime Phone Number: _~-q) 873 F?-G I r o Statement of how the appellant has standing to appeal: v f-f..- fTt~f ~ <E.-.Jt- o A statement ofthe grounds for the appeal: fJ e..t- II-ttr'tc..-II M e...;r-- o Filing Fee: ..11).5QLf 1:\Community Development\Planning\DEVElOPMENT ORDINANCE\ woo Applications\OtheMppe:al Applicarion.wpd . . - ...--..-~_._-,~-_..,....._~--".-...----,-,_..,_.~-,.._,,-_.,-~_.---~ ~/ WOODBURN * REC'O '* SEP 0 1 2004 o R I (. 0 N WOODBURN COMMUNi1Y CEVELOPM!:NT DEPT. Incorporated 1889 NOTICE OF DECISION CITY OF WOODBURN PLANNING COMMISSION ACTION TAKEN: Denial of Variance Case File No. 04-10 DATE OF DECISION: APPLICANT: August 19, 2004 Donald Kelley OWNER: WESMAR Land Company LOCATION OF SUBJECT PROPERTY: The subject site is located at 2875 Newberg Highway, further identified on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 12AC, Tax Lots: #4900 and 5000. SUMMARY OF DECISION: The Planning Commission denied the applicant's variance request to Section 11 (C)(5) and (6) of the Woodburn Sign Ordinance to allow for the 35 foot maximum sign height allowed In the CG zOne to De increased to 41 Y2 feet . (Variance A) and the 75 square foot maximum sign area to be increased to 140.4 square feet (Variance B). APPEAL RIGHTS: The decision of the Woodburn Planning Commission is final unless appealed to the Woodburn City Council. A notice of intent to appeal must be received in writing, with the appropriate appeal fee, by the Community Development Director within 12 days from the date this notice was mailed. Appeals must comply with the requirements of Woodburn Development Ordinance Section 4.102.01. A copy of the decision is available for inspection at no cost and a copy will be provided at a reasonable cost at Woodburn City Hall. Community Development Department, 270 Montgomery Street, Woodburn, OR 97071. If you have any questions or need additional information regarding appeals, please contact Naomi Zwerdlin9 at (503) 980-2402. Dated and mailed this 20th day of August, 2004. ~~ Naomi Zwerdling. Senior Panner Community Development Department 270 Montgomery Street. Woodburn, Oregon 97071 Ph.503-982-5246 . Fax 503-982-5244 - . IN THE PLANNING COMMISSION OF WOODBURN, OREGON Variance 04-10 ) ) ) FINAL ORDER WHEREAS, a request was made by Donald Kelley, the applicant, and WESMAR land Company, the property owner, for variance approval to Section 11 (C)(5) and (6) of the Woodbum Sign Ordinance to allow WESMAR land Company to increase their sign height from the 35 foot maximum sign height allowed by the Wood bum Sign Ordinance (WSO) in the CG zone to 41 Yz feet (Variance A) and to increase the 75 square foot maximum sign area to 140.4 square feet (Variance B), and; WHEREAS, the Planning Commission reviewed the matter at their meeting of July 22, 2004, and; WHEREAS, the Planning Commission considered the written and oral testimony presented by staff, the applicant, and other interested persons, and; WHEREAS, the Planning Commission closed the hearing, and; WHEREAS, the Planning Commission moved to deny Variance 04-10 and instructed staff to prepare findings and conclusions. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COMMISSION: The Planning Commission denies Variance 04-10 based on the findings and conclusions contained in Exhibit "A" which are attached hereto and by reference incorporated herein. Approved: /fiLc~ ~ Claudio Lima, Chairperson o? )1/oY Date Final Order - Variance 04-10 Page 1 --,.~,... ._._-...........'~_. ,. ...-~ EXHIBIT "A" FINDINGS & CONCLUSIONS Variance 04-10 I. APPLICATION INFORMATION Applicant: Donald Kelley 110 N. Second Street Silverton, OR 97381 Property Owner: WESMAR Land Company 42874 Old Win9ville Road Baker City, OR 97814 Application Deemed Complete: June 17, 2004 120.Day Rule Deadline: October 15, 2004 II. NATURE OF APPLICATION: The applicant requests variance approval to Section 11 (C)(5) and (6) of the Woodburn S i9n Ordinance to allow W ESMAR Land Company to increase their sign height from the 35 foot maximum sign height allowed by the Woodburn Sign Ordinance (WSO) in the CG zone to 41 Yo feet (Variance A) and to increase the 75 square foot maximum sign area to 140.4- square feet (Variance B). Ill. RELEVANT FACTS: The subject site is located at 2875 Newberg Highway. It is further identified on Marion County Assessor Maps as Township 5 South, Range 2 West, Section 12AC, Tax Lots: #4900 and 5000. The subject property is zoned Commercial General (CG), designated commercial on the Woodburn Comprehensive Plan Map, and is located approximately 440 feet east of Interstate-5 (1-5) and its interchange with Newberg Highway. The applicant, WESMAR Land Company, is the landowner. Wendy's restaurant (2,726 square feet in size) and associated parking spaces occupies the subject site. The applicantllandowner owned the 41 Yo foot tall 140.4 square foot Wendy's pole sign located near the north edge of Newberg Highway. Wendy's sign was installed before the City of Woodbum adopted the WSO. Pursuant to the WSO, the City recognizes the sign as a non-conforming sign. The surrounding properties are also zoned CG and designated commercial on the Woodbum Comprehensive Plan Map. Commercial businesses surround the subject site. The Oregon Department of Transportation (OOOT) is condemning a portion of the subject site adjaeent to Newberg Highway and has removed the nonconforming Wendy's sign to allow for the widening of Newberg Highway. Final Order - Variance 04-10 Page 2 Removal of the Wendy's pole sign, which was located on the land that ODOT is condemning, is part of the ODOT condemnation proceeding for which the applicantllandowner will receive just compensation for the property taken. The applicant may purchase the removed sign from ODOT or its contractor. The current Newberg Highway I 1-5 interchange improvement is an interim improvement to the northeast quadrant of the interchange. ODOT is planning to complete the improvement to the entire interchange, which will require acquisition of lands, and probably signs, from other owners in the vicinity. Section 13(C) of the WSO requires a nonconforming sign to comply with the provisions of the WSO if a nonconforming sign is relocated from one location to another location. The WSO, which was applicable until July 1, 2004, allowed a freestanding sign up to a maximum height of 35 feet and a maximum area of 75 square feet. The applicant submitted variance and sign permit requests to enable the removed nonconforming sign to be relocated on the subject property. The variance application was filed on May 27,2004. Consequently, it is subject to the standards in the WSO, not the newly adopted sign ordinance incorporated into the Woodbum Development Ordinance, effective July 1, 2004. The applicant requests a variance from Section 11(C)(5) and (6) of the WSO to allow the relocated free standing sign to exceed the required 35 foot maximum sign height a nd 7 5 s quare foot maximum sign area allowed i n the C G z one for a n individual business. The height variance is to exceed the maximum standard by 6.5 feet and the area variance is to exceed the maximum standard by 65.4 square feet. On the same day that the applicant filed the variance request to relocate the nonconforming sign the applicant filed a separate sign permit application for a new Wendy's sign that would be 15 feet and 10 inches tall with an area of 54 square feet. That sign permit, which is shorter and smaller than allowed under the WSO, was approved on June 28, 2004. IV. RELEVANT APPROVAL CRITERIA: WOODBURN SIGN ORDINANCE Section 11 (C){5) and (6). Signs In Commercial and Industrial Zones Section 13. Nonconforming Signs WOODBURN DEVELOPMENT ORDINANCE Section 5.103.11 Variance V. FINDINGS: WOODBURN SIGN ORDINANCE Section 11. Zoning District Regulations Final Order - Variance 04-10 Page 3 - . ~-_...~..."_...~,----, ~-"._"."_._- C) Signs in Commercial and Industrial Zones No sign or outdoor advertising of any character shall be permitted in a CR, CG, 10, ca, IS,IP,IL or IH zoning district except the following: (1) A total of 2 signs per each business, which may be wall signs or roof signs, the total combined area of which shall not exceed 50 square feet or 1 square foot per foot of frontage, which ever is greater. (2) Only one projecting or free standing sign is allowed per business. *** (5) Free standing signs are limited to a maximum height of 35 feet. FINDING: The applicant is allowed only one freestanding sign on the property. One free standing sign has been approved, for a shorter smaller free standing sign on the property. That approval was not conditioned on the outcome of this application. Approval of this sign permit would allow a second freestanding sign on the property in violation of the WSO. The applicant has submitted a variance request to allow for the 35 foot maximum sign height allowed in the CG zone to be increased to 41 % feet (Variance A) and the 75 square foot maximum sign area to be increased to 140.4 square feet (Variance B). The variance request is discussed later in this report. Section 13. Nonconforming Signs (C) Nonconforming signs shall comply with the provisions of this ordinance when one or more of the following occurs. (1) A nonconforming sign is relocated from one location to another location. FINDING: The Oregon Department of Transportation (OOOT) is condemning a portion of the SUbject site adjacent to Newberg Highway to allow for the widening of Newberg Highway and has removed the existing 41 % foot tall and 140.4 square foot sign, which was located on the land OOOT is taking. The applicant wants to relocate the removed nonconforming sign to another location on their property because of the condemnation and removal of the Wendy's sign. The WSO requires a sign to comply with the WSO standards when a sign is relocated. For the owner to relocate the sign. the WSO requires the sign to be reduced in height by 6.5 feet and in area by 65.4 square feet in order to comply Final Order - Variance 04-10 Page 4 with applicable standards of the WSO. The applicant has requested a variance to Section 11 (C)(5) and (6) of the Woodbum Sign Ordinance to allow them to relocate the nonconforming free standing sign and to exceed the required 35 foot maximum sign height and 75 square foot maximum sign area allowed in the CG zone for an individual business. The variance request is discussed later in this report. WOODBURN DEVELOPMENT ORDINANCE The WSO provides In Section 14. Variance, that "all request[s) for variances to this ordinance shall be processed in accordance with the variance procedures set forth In the Woodburn Zoning Ordinance" (WZO). The Woodburn Zoning Ordinance was repealed in 2001 and replaced by the Woodburn Development Ordinance (WOO). The variance procedures in the WOO apply to this application. Section 5.103.11 Variance C. Criteria. A determination of whether the criteria set forth are satisfied necessarily Involves the balancing of competing and conflicting interest. The factors that are listed to be considered are not criteria and are not Intended to be an exclusive list. The factors to be considered are used as a guide In deliberations on the application. FINDING: Variances A and B should be denied because the following considerations discussed below were not met. 1. The variance is necessary to prevent unnecessary hardship relating to the land or structure which would cause'the property to be unbuildable by application of the WDO. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property Involved that distinguish It from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties can be made of the property without the variance. c. Whether the hardship was created by the person requesting the variance. FINDING (VARIANCE A and B): The applicant states the following: Final Order - Variance 04-10 Page 5 - . ....ODOT has filed a lawsuit to condemn the sign and that portion of the subject property that contains the sign. ODOT has now removed the Applicants' sign. The Applicants hold a vested right to continue the use of the sign at its present height and area size. The State of Oregon has violated that right. The City of Woodbum, a municipal corporation of the State of Oregon, should not cooperate in taking the Applicants' vested right. In other words, two entities of the state, a department and a municipal govemment in this case, should not be able to come together to remove a vested right held by the Applicants. Removed from its current location, the sign is unusuable without a variance for its height and area. Again, this factor is not directly applicable to this request because it relates to the subject property and not the sign. "the sign is removed, the applicants' business will be severely damaged. The Wendy's Restaurant, like other restaurants in the vicinity, depends heavily on its sign to attract business, especially drivers coming in off of 1-5 and Highway 214. The Applicants did not create the hardship. ODOT seeks condemnation of the sign and that portion of the subject property holding the sign. ODOT's condemnation action and effort to remove the sign is the cause of the hardship. The Applicants will suffer further hardship economically if their vested right in the sign at its present height and area size is taken from them because a new sign would be far less visible from 1-5. Likewise, the Applicants' competitors' signs (i.e., McDonalds and Kentucky Fried Chicken) are not under the same threat of condemnation and are in many cases taller and larger. Applicants should not be forced to a competitive disadvantage by the removal of their sign... " The focus of this first criterion is whether there is a hardship which would "cause the property to be unbuildable" if the standards in the WOO are imposed. The three factors of the first criterion are measures for determining whether there is a hardship. If there is no hardship the first criteria is not satisfied. The application does not satisfy this criterion because denying the sign variance cannot make the parcel unbuildable. The parcel is buildable, in fact, it is developed with a restaurant. Even if the City concluded that a sign could be relevant to whether a property was buildable, the application still would not satisfy the first criterion because a freestanding sign can be developed on the parcel. The new sign ordinance, Section 3.110 of the WOO, limits the height of a pole sign to 12, 15 or 20 feet and limits the area of a pole sign to 32, 50 or 100 square feet, depending on how much street frontage a parcel has. The applicant was allowed to construct a 35 foot tall and 75 square foot Final Order - Variance 04-10 Page 6 ... .. , free standing sign under the WSO because the applicant submitted a sign permit request before the effective date of the new sign ordinance. Further, a sign permit has been approved to construct a 15 foot 10 inch tall sign with a sign area of 54 square feet. The applicant argues that the "sign is unusable without a variance." The WOO criteria is not concemec\ with whether the sian that was taken down is .usable." It is concemed with whether the DroDertv is "unbuildable." Again, it is noted that the condemnation process assures that the owner will be paid just compensation for the value of what the state took. The decision on this criterion would be satisfied by the conclusion that the property would not be rendered unbuildable without varying the sign standards. Nonetheless, each of the factors for determining whether a hardship exists will be addressed next. Factor 1.a. requires the applicant to address whether there are physical circumstances over which the applicant had no control related to the property a nd whether those circumstances distinguish t he property from other land in the zone. The taking of a strip of applicant's land for right-of- way improvements and the removal of a nonconforming sign are physical circumstances over which the applicant had no control and those circumstances relate to the subject property. However, the circumstances do not distinguish this property from other parcels in the CG zone. Other commercially zoned properties fronting Newberg Highway east of the 1-5 interchange are in the same predicament as the applicant's site because their signs have been, or may in the foreseeable future be removed due to condemnation of land to allow for improvement of the interchange. Factor 1.b. requires the applicant to address whether reasonable use, similar to other properties, can be made of the property if no variance is granted. The applicant has not provided any evidence to prove that reasonable use of the property cannot be made without the variance. The applicant argues that their business will be severely damaged without the variance because they depend heavily on the sign to attract business. The applicant's argument essentially addresses the profitability of the use not whether the property can continue in restaurant use. Factor 1.c. requires the applicant to address whether the applicant created the hardship. The applicant was allowed a 35 foot tall sign with an area of 75 square feet had it applied for one. Instead, the applicant submitted two permits, one for this larger sign that requires a variance and the other for a smaller sign 15-feet and 10-inches in height and 54 square feet in area, which staff approved on June 28, 2004. If there is any hardship created by a shorter or smaller sign, the applicant created at least part of the hardship by failing to apply for a taller and bigger sign that was allowed. Final Order - Variance 04-10 Page 7 T ---T-">"~'. The applicant argues that the taller sign is needed to attract people from 1- 5. The applicant's property is located approximately 440 feet east of the Interstate-5 (1-5) right of way. The applicant has not submitted a visual study or any other evidence that a free standing sign 41 % feet in height and 140.4 square feet in area would be visible from 1-5 or that a free standing sign 35 feet in height and 75 square feet in area would not be visible from 1-5. The applicant's business is identified on OOOT informational signs located on the north and south bound lanes of 1-5. 2. Development consistent with the request will not be materially injurious to adjacent properties. Factors to be considered In determining whether development consistent with the variance [Is) materially injurious Include but are not limited to: a. Physical Impacts such development will have because of the variance, such as visual, noise, traffic and drainage, erosion and iandsllde hazards. b. Incremental Impacts occurring as a result of the proposed variance. FINDING (VARIANCE A and B): The applicant states the following: ".. .If ODOr is unsuccessful in its condemnation action, the sign will remain in its current location on the subject property and at its current height. If ODOT is successful, the sign will be moved to a new location on the subject property. Moving the sign to a new location on the subject property but maintaining it at its current height of 41 14 feet will have little physical impact on the adjacent properties. Already the area is heavily developed as a commercial center. Other signs in the area are of equal or greater height. Maintaining the sign at 45 feet will in no way affect traffic, noise, drainage or any other factors. Visually, the sign's height is consistent with the abundance of other signs of similar height in the area and the fact that the sign would remain at its current height, there would be no additional impact because nothing would change from how it is presently. As mentioned above, there will be no impact from the variance because the sign will remain at its current height. . . " If the applicant's variance to allow a 41 % tall and 140.4 square foot free standing sign is granted, then other businesses along Newberg Highway that have had signs removed and businesses who may have their signs removed in the foreseeable future could also argue that they should be Final Order- Variance 04-10 Page 8 T able to have taller and larger signs than the WOO allows. The impact of allowing a taller and larger sign for a business in the CG zone than the Woodbum Sign Ordinance allows is more sign clutter along Newberg Highway than the Woodburn Sign Ordinance intended. The applicant has not defined the area of analysis for surrounding signage and has not provided an inventory of the existing signs in the area of the subject site to prove that other signs in the area are of equal or greater height. There are signs within the area of the subject site that meet the 35 foot free standing sign height and 75 square foot area requirements. 3. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected because of the variance. FINDING (VARIANCE A): The applicant states the following: ". .. As stated above there will be no adverse affects from the variance. The area is highly developed in commercial use. There are no natural systems in the area. Physical systems, such as traffic will not be impacted by the height of the signs. Dramatic land forms or parks are also absent in the area. There will be no adverse affects as a result of this variance..." Thiscriterion requires the applicant to address whether the-variance will adversely affect the manmade or the natural environment. There are no dramatic land forms or parks in the area to affect. However, the applicant did not provide any evidence that a taller and larger free standing sign would not adversely affect the traffic system due to its larger size and taller height than the WSO allows. The applicant's statement consists of conclusions unsubstantiated by facts. A substantial reason for the sign ordinance regulations is to improve the beauty of Woodburn by controlling sign clutter. The applicant has not addressed the effect of sign variances on this aspect of the City's man made environment. 4. The variance is the minimum deviation necessary to make reasonable economic use of the property. FINDING (VARIANCE A): The applicant states the following: ". . .Either the variance is granted or the sign loses all value. The sign has a height of 41 }i feet. There is no way to make the sign shorter and, therefore, a lesser variance would be meaningless. Without the variance, the sign has no economic value. The requested variance is the minimum deviation necessary to make reasonable economic use of the property. .. " Final Order - Variance 04-10 Page 9 T ..... T -r----.----..-.., This criterion asks for information about what is the minimum variation from applicable development standards that would allow the applicant to make a reasonable economic use of the property. The "property" that the variance is concerned with is the lot or parcel that is the subject of the application. It is not the personal property or fixtures attached to the lot or parcel, such as a sign. The applicant has provided no evidence that a 75 square foot free standing sign, 35 feet in height, that was allowed by the WSO, or the approved 15 foot 10 inch, 54 square foot sign that the City has approved, would not provide reasonable economic use of the parcel. The applicant's site has direct visibility from Newberg Highway. Customers can identify the applicant's business with a shorter, smaller sign. The applicant has not provided sufficient justification that the existing sign face cannot be modified to meet the 75 square foot sign area requirement or the 35 foot tall sign height requirement or could be used at another Wendy's location, or even that they have any property right in the sign which is being taken by OOOT and for which the owner will be compensated. 5. The variance does not conflict with the Woodburn Comprehensive Plan. FINDING (VARIANCE A and B): The applicant states the following: "... The area in which the subject site is located, the 1-5 Interchange", is discussed in several parts of the Woodbum Comprehensive Plan (WCP). See WCp, pp. 14 and 79. the WCP recognizes the commercial importance of the 1-5 interchange area. Inherent in that recognition is the fact that commercial businesses need signs. In particular, businesses reliant on 1-5 traffic for their customers need signs that are visible to those traveling on 1-5. goals and policies related to Commercial Land Development contain no mention of signs. WCP, pp. 47-48. the City's Sign Ordinance is discussed generally at pages 81-82 of the WCP, especially with regard to safety and aesthetics. It contains no discussion of sign height and contains nothing that this variance request would conflict with. The height variance, as discussed above, will have no impact on either of these factors. This request for a variance in no way conflicts with the WCP..." The Woodburn Comprehensive Plan does not provide any goals, policies or specific regulations pertaining to sign age on the subject site. The Woodburn Comprehensive Plan does not apply, therefore, this criterion does not apply. VI. CONCLUSION: Final Order - Variance 04-10 Page 10 '. ~ . Based on the findings of fact contained herein, all relevant approval criteria relating to approval of Variances A and B of Variance Case File No. 04-10 have not been met. Final Order - Variance 04-10 Page 11 T T I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 M'C ;?' , ';'" t/,/_,1 i/ / X '-:-'(~r>--.... f",hl I~ fle"'r;~1 ~ !1pra./ () u.....t",,^-,,-,-- ol(-ID BEFORE THE CITY COUNCIL OF WOODBURN, MARION COUNTY, STATE OREGON In the Matter of the Denial of the ) Variance of: ) ) ) WESMAR LAND COMPANY, ) INC. ) ) Variance Case No. 04-10 LEGAL MEMORANDUM LEGAL MEMORANDUM COMES NOW WESMAR LAND COMPANY, INC., by and through its attorney DONALD M. KELLEY, and hereby provides the following Legal memorandum to Woodburn City Council. SUMMARY OF THE FACTS Wesmar Land Company owned a nonconforming sign. The Oregon Department of Transportation removed Wesmar Land Company's sign as part of it's street widening project. Wesmar Land Company submitted variance application 04-10 to build a sign exactly like the 25 26 Page 1 - LEGAL MEMORANDUM KELLEY. KELLEY. DOYLE Attorneys and Counselors 110 NORTH SECOND STREET SILVERTON, OREGON 97381 (503) 873-8671 - . 1 sign that ODOT had removed and the City of Woodburn denied the application. Wemar 2 Land Company now makes this appeal. 3 A VESTED RIGHT CANNOT BE TAKEN BY THE GOVERNMENT WITHOUT 4 JUST COMPENSATION 5 A vested right is "a right that so completely and definitely belongs to a person that it 6 cannot be impaired or taken away without the person's consent." Black's Law Dictionary, ed. 7 7. The government must provide just compensation if they take away one's vested rights. 8 Northwestern Ice & Cold Storage Co. v. Multnomah Countv. 365 P2d 876, 228 Or 507 9 (1961); Kronerv. Citv of Portland, 240 P 536,116 Or 141 (1925). One may secure a vested 10 right to construct a nonconforming use. Fountain Village Development Co. v. Multnomah II Countv, 176 Or.App. 213, 223 (2001). "A landowner may acquired a vested right to continue 12 a nonconforming use not only for uses actually in existence but also for uses which are in 13 various stages of development at the time a more restrictive land use regulation is adopted." 14 Webber v. County of Clackamas, 42 Or.App. 151, 153 (1979). IS Wesmar's right to a nonconforming sign was vested prior to its removal by ODOT. It 16 had already been built, was currently being used, and was recognized by the Woodburn sign 17 ordinance as being vested. 18 19 "3.110.20 Nonconforming Signs A. Nonconforming signs are those signs lawfully established prior ro the 20 adoption of Section 3.110 or subsequent amendment thereto or signs lawfully 21 22 23 24 25 26 Page 2 - LEGAL MEMORANDUM established on property annexed to the City, which do not conform to the requirements of Section 3.110. nonconforming permanent signs may remain provided they comply with the provisions of Section 3.110.20. ***" B. Nonconforming permanent signs shall comply with all the provisions of Section 3.110 when one or more of the following occurs: KELLEY. KELLEY. DOYLE Attorneys and Counselors 110 NORTH SECOND STREET SILVERTON, OREGON 97381 (503) 873-8671 I 1. A nonconforming sign is expended, relocated, replaced or 2 structurally altered." 3 Woodburn Sign Ordinance Pages 3.1-102-103. Under the ordinance, Wesmar had a right to 4 have the nonconforming sign, and they would lose this right when the sign is removed. 5 Implicit in the Woodburn Ordinance is the idea in 3.110.20(B)(I) that the owner of 6 the vested right to a nonconforming sign losses this right when they abandon the use. This is 7 consistent with prior case law, Article I Section 18 of the Oregon Constitution, and the Fifth 8 Amendment of the Federal Constitution. Two government entities cannot do what a single 9 government cannot, therefore, it makes no difference that two separate governmental entities 10 existing beneath the state acted to take away Wesmar Land Company's vested right. The II Woodburn Ordinance cannot take away one's vested right without just compensation and be 12 constitutional, therefore, 3.110.20(B)(I) implies the sign was abandoned. 13 A vested right to construct a nonconforming use may be lost by abandonment or 14 discontinuance. Fountain Village Develooment Co. v. Multnomah County, 176 Or.App. 213 IS (2001); Webber v. County of Clackamas, 42 Or.App. 151 (1979). The only way the City of 16 Woodburn can take away a vested right without paying just compensation is if the owner of 17 the right actually abandoned the right (and then it is not in reality a taking). 18 ABANDONMENT MUST BE VOLUNTARY 19 "Abandonment" means voluntary relinquishment of possession of thing by owner 20 with intention of terminating his ownership, but without vesting it in any other person. 21 Dober v. Ukase Inc. Co., 10 P.2d 356,139 Or 626 (1932). To be constituted "abandonment" 22 there must be intention to abandon, and the intention must be accompanied with an act by 23 which the property is actually abandoned. State v. Pidcock, 749 P.2d 597, 89 Or App 443 24 (1988). The constitute an abandonment the act and intent must be clear and voluntary. Rich 25 v. Runvon, 52 Or App 107, 627 P.2d 1265 (1981). Intent is shown by declaration or conduct. 26 Watts v. Soencer, 51 Or. 262 (1908). Page 3 - LEGAL MEMORANDUM KELLEY. KELLEY. DOYLE Attorneys and Counselors 110 NORTH SECOND STREET SILVERTON, OREGON 97381 (503) 873-8671 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 When the government requires that a sign be removed, the subsequent removal cannot be described as voluntary on the part of the owner of the sign. Voluntary actions are those acts unconstrained by interference and not impelled by outside influence. This present situation and all like it, Wesmar Land Company clearly did not want to remove it's sign, but was forced to by the government. CONCLUSION Wesmar Land Company's vested right to a nonconforming sign cannot be taken away unless the right has been abandoned. Usually, when a owner removes a sign that right has been abandoned. However, when the government requires the owner of a sign to move it, the vested right to that nonconforming sign cannot be considered abandoned because the action was not voluntary. Wesmar Land Company should be given back it's right to a nonconforming sign, and it's application for a variance should be granted. RESPECTFULLY SUBMITTED this 27th day of September, 2004 at Woodburn, Marion county, Oregon. Donald M. Kelley, OSB # 74170 20 21 22 23 24 25 26 Page 4 - LEGAL MEMORANDUM KELLEY. KELLEY. DOYLE Attorneys and Counselors 110 NORTH SECOND STREET SILVERTON, OREGON 97381 (503) 813.8671 A~'" ~e c56rfrM WOODBURN AREA CHAMBER DF COMMERCE 11M ClJstal Apple Alarm N08Iination FoIO/ Award Category (Please specifiy one) 0 Teacher 0 Support Staff 0 Administrator Name of Candidate - Home Address City Zip Job Title Department/School of Candidate Total Years Working in School Organizatlon_ Total Years in Present Position - Name/Title of Candidate's Immediate Supervisor Nomination Submitted by Ad dress City State _Zip Phone Relationship to Nominee Qwest PCE. . Sponsors " ~~ A~ ~~ ----- .- - WEST COAST BANK Chemeketa Community College' US Bank Attach this form to the required essay as described under the "Nomination Guidelines" section of this brochure. . Cascade Park Please make co!>ies of this form as needed. Woodbuno 1M cb.....' ,,,,CODlllletc:e - Nomination Guidelines Respond to one or more of the following goals with detailed examples of how the nominee has contributed to the school organization. Nominations should be no less than one page, and no more than two pages in length. Typewritten or word-processed nominations preferred. The employee: 1. Values and celebrates diversity. 2. Builds positive, trusting and respectful relationships with key stakeholders (students, families, fellow staff members and the community). 3. Promotes and models lifelong learning as the key to students' future success. 4. Encourages collaborative involvement of all interdependent stakeholders (students, families, fellow staff members and the community) in the educational process. Timeline Nomination forms are due by 4:30 p.m. Wednesday, Oct. 13, 2004 at one of the following locations: Woodburn Area Chamber St Luke School Office 2241 Country Club Rd. 529 Harrison St Woodburn, OR 97071 Woodburn, OR 97071 Woodburn School District Office North Marion School District Office 965 N. Boones Ferry Rd. 20256 Crim Rd. NE Woodburn, OR 97071 Aurora, OR 97002 lord High School Gervais School District Office 2630 N. F'acific Hwy. 290 First SI. Wo(xJbum, OR 97071 Cervais. OR 97026 The Woodburn Area Chamber of Commerce seeks to honor excellence in local education, and hosts its 3rd annual Crystal Apple Awards Dinner Friday, Nov. 12, 2004. Nomination and Selection Process All staff members, community members, parents and student.'i are encouraged to nominate a Woodburn School District, lord High School, St. Luke School, North Marion School District or Gervais School District employee for a Crystal Apple Award. Nominees must be current full or part-time employees and must have been employed with his/her respective district/school for a minimum of three yearS. Recipents will be chosen based on how their daily work reflects support of the criteria on the next page. (Staff members may not nomi- nate themselves.) Nominations are due by Oct. 13, 2004. A selection committee composed of busi- ness representatives, parents, students and school staff members will review them Nominees and recipients will be honored at the November dinner celebration. Nomination Catt/ories Teacher This category includes all licensed teaching staff members, including but not limited to elementary, middle and high school teachers, special edu- cation teachers, alternative education teachers, specialist teachers, coun- selors, media specialists, etc. Support Staff This category includes educational assistants, nurses, bus drivers, food services staff, custodians, office support staff and other essential employees who complete non-leaching duties. Administrator This category includes all building principals, assistant principals and district-wide administrators. Woodburn ~ Chamber ~Commerce WOODBURN AREA CHAMBER OF COMMERCE WOODBURN CITY COUNCIL REPORT September 27, 2004 Annual Auction: Thank you, Woodburn, for your support of our 2004 fundraising auction, held last Friday night. With your support, the Chamber grossed nearly $10,000. This money plays an important role in the day-to-day operation of your Chamber and enables us to continue providing valuable services to local business and to our community. Forum Luncheon: On October 20, the Chamber Forum will feature Congresswoman Darlene Hooley (O-Ore), who will address the business community and be available for a question-and- answer session. Please join us for lunch at the Tukwila Medical Center on Glatt Circle Wednesday, Oct. 20 at noon. Business Networking: Our Greeters Business Networking program continues every other Friday at 7:30 a.m., hosted each week by a different Chamber-member business. This week, Greeters will be hosted by North Willamette Valley Mortgage Co. Crystal Apple Awards: The Woodburn Area Chamber of Commerce will host its third-annual Crystal Apple Awards Dinner Nov. 12 at the Holiday Inn in Wilsonville. Nineteen staff members from Gervais School District, North Marion School District, Woodburn School District, Lord High School and St. Luke School will be honored for their exceptional work with students. Honorees will be identified through a community-wide nomination process and chosen by a Chamber- appointed selection committee. Nomination forms are included in your packet tonight. As a part of the ceremony, honorees will receive a crystal apple in recognition of their T ". ., __. ~H..._.~"_""".__ ~..~__<,.__.._.., ~.._._.... I I ,.'"_. ._~---' contribution to their schools. This program has been an incredible success and we are proud to partner with our local schools to honor the outstanding contribution that educators make in the lives of our children. Please join us Nov. 12 as we salute these local heroes. Festival of Lights: The Chamber will be partnering with Woodburn's Kiwanis Clubs to sponsor the annual Festival of Lights holiday lighting contest during December, with awards for top entries in categories for both homeowners and merchants. This event, which was cancelled in 2003, is an important Woodburn holiday tradition that helps define our community spirit and encourage Woodburn residents to celebrate the holidays at home instead of taking their families and holiday shopping to locations outside our community. Entry details will be available in mid-November in the Woodburn Independent and at the Chamber office. Annual Retreat: Your Chamber Board of Directors is seeking input from the community as it prepares for its annual retreat and planning session in November. Chamber President Alma Grijalva is asking you to share your ideas and vision for the future of our community and the Chamber's role in helping our community grow to the "next level." Please take a moment to call or email Alma or any member of your Chamber board to share your comments. T ....--".' . . .---