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Home My WebLink AboutCorrespondence Miscellaneous 4/15/2010 , ~ L1MBIRD Andrew From: Sent: To: Cc: Subject: Bill Kloos [billkloos@landuseoregon.com] Thursday, April 15, 2010 8:26 AM L1MBIRD Andrew; Mary Bridget Smith Bill Wellard (bwellard@thechildcenter.org): Bill Kloos RE: Child Center and Fees Andy: Thanks. Works fine. I have gotten nervous in myoid age. Bill Kloos Law Office of Bill Kloos, PC 375 W. 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343-8702 e-mail: billkloos(1j)landuseoreqon.com Web www.LandUseOreQon.com Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication may contain confidential and/or privileged information intended only for the addressee. If you have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you. From: UMBIRD Andrew [mailto:alimbird@ci.springfield.or.us] Sent: Thursday, April 1S, 2010 8: 17 AM To: Bill Kloos; Mary Bridget Smith Cc: Bill Wellard (bwellard@thechildcenter.org) Subject: RE: Child Center and Fees Bill: Based on my discussion with Bill Wellard yesterday, staff will continue processing the appeal of the site plan review application fees. There is no need to re-file the appeal, but you are free to withdraw the appeal if you choose. Hope this clears things up, and please let me know if you need any more information. Thanks Andy From: Bill Kloos [mailto:billkloos@landuseoregon.com] Sent: Wednesday, April 14, 2010 4:59 PM To: Mary Bridget Smith Cc: Bill Kloos; Bill Wellard (bwellard@thechildcenter.org); UMBIRD Andrew Subject: FW: Child Center and Fees Mary Bridget: Forgive my confusion. If our only unresolved issue is the filing fees, does the city expect us to file a new appeal on that issue (and then withdraw the pending appeal), or is the city saying that it will honor the pending appeal to get that" one issue to the Planning Commission? Thanks. Bill Kloos Date ReceiVed;-f) /(j{J/o Planner: AL 1 '. Law Office of Bill Kloos, PC 375 W. 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343-8702 e-mail: billkloos@.landuseoreQon.com Web www.LandUseOreQon.com Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication may contain confidential and/or privileged information intended only for the addressee. If you have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you. From: UMBIRD Andrew [mailto:alimbird@ci.springfield.or.us] Sent: Wednesday, April 14, 2010 4:34 PM To: Bill Kloos; Mary Bridget Smith Cc: Bill Wellard (bwellard@thechildcenter.org) Subject: RE: Child Center and Fees Thanks Bill. To clarify, staff believes that the amended land use decision is based substantially on our March 30, 2010 discussion with you and the applicant and, furthermore, that it addresses Issues #1- 8 and #10 of the applicant's appeal. Staff contend that the only appeal item still unresolved is Issue #9 (the site plan review fees). If this is not your understanding, please let Mary Bridget and me know so we can discuss the active appeal with you in more detail. All of the correspondence pertaining to the appeal, including this email chain, will be placed in the record. If there are new or unresolved issues with the amended land use decision, the IS-day appeal deadline for this decision is April 28, 2010. Andy From: Bill Kloos [mailto:billkloos@landuseoregon.com] Sent: Wednesday, April 14, 2010 3:32 PM To: UMBIRD Andrew; Mary Bridget Smith Cc: Bill Wellard (bwellard@thechildcenter.org); Bill Kloos Subject: RE: Child Center and Fees Andy: Very efficient. Thanks. I will consider your email confirmation that we still have an active appeal, and no new appeal is needed of the reissued decision. If I am wrong about this, please advise immediately, and I will file a new or amended appeal. Please include this email in the record of the appeal. Bill Kloos Law Office of Bill Kloos, PC 375 W. 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343-8702 e-mail: billkloos@.landuseoreQon.com Web www.LandUseOreQon.com Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication may contain confidential and/or privileged information intended only for the addressee. If you have received this e-mail in error, please call immediately at 541-343-8596 Also, please notify me bye-mail. Thank you. 2 Date Heceived:4./,f4I. Planner: AL ! " From: LIMBIRD Andrew [mailto:alimbird@cLspringfield,or,us] Sent: Wednesday, April 14, 2010 3:25 PM To: Bill Kloos; Mary Bridget Smith CC: Bill Wellard (bwellard@thechildcenter.org) Subject: RE: Child Center and Fees Bill: Attached is the amended land use decision that was issued yesterday. Staff believes that the amended decision addresses all of the conditions and findings subject to appeal with the exception of the application fees. It is the City's understanding that the Child Center still intends to pursue the appeal of site plan review fees, so staff will be setting a hearing date and time for that matter. Therefore, the appeal submitted on March 16,2010 is still considered "active". Thanks Andy From: Bill Kloos [mailto:billkloos@landuseoregon.com] Sent: Wednesday, April 14, 2010 2:49 PM To: Mary Bridget Smith Cc: Bill Wellard (bwellard@thechildcenter.org); Bill Kloos; 11MBIRD Andrew Subject: FW: Child Center and Fees MB: See below. Thought I would check in with you and see where the pieces are: 1. New and improved decision still in final draft form. 2. City and applicant are happy with revised cite plan for east entrance. 3. Fee issue is unresolved, and may be the subject of a refiled appeal to the Pc. Do I have it right? In whose court is the ball? Thanks. Bill Kloos Law Office of Bill Kloos, PC 375 W. 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343-8702 e-mail: billkloos@landuseoreQon.com Web www.LandUseOreQon.com Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication may contain confidential and/or privileged information intended only for the addressee. If you have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you. From: Bill Wellard [mailto:bwellard@thechildcenter.org] Sent: Wednesday, April 14, 2010 2:39 PM To: Bill Kloos SUbject: Re: Child Center and Fees Bill, 3 Date, Received:3/lo/,.)olb Planner: AL I I Andy Limbird just called me and wanted an update on our appeal. I told him that I thought we had reached a resolution on all items but the fee issue. That this issue is still unresolved. He told me that he thought that the fee issue was scheduled to be heard in May, but that because it is a financial issue it may go before the City Council.. He also said that if it goes to LUBA we may not get a full refund but a partial. Bill On Apr 14, 2010, at 2:29 PM, Bill Kloos wrote: MB: Please see the attached freshly minted LUBA opinion on jurisdiction to review processing charges. This is a pretty comprehensive review of the law, including a flagging of conflicts in the cases that need to get sorted out. (Lots of future employment for lawyers here.) But, as for the Child Center matter, I think LUBA is pretty clear that a dispute about filing fees that is resolved in the context of a land use decision is something that does go to LUBA. See discussion starting at page 18. I am advising my client, based on this, that if all issues are resolved, save for the fee issue, we can take that fee issue to LUBA following the Planning Commission decision. (I do not have instruction to do that, at this point.) But given the magnitude of the fees issue here, it is worth considering. Bill Kloos Law Office of Bill Kloos, PC 375 W. 4th Street, Suite 204 Eugene, OR 97401 Phone: (541) 343-8596 Fax: (541) 343-8702 e-mail: billkloos@landuseoreqon.com Web www.LandUseOreqon.com Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail communication may contain confidential and/or privileged information intended only for the addressee. If you have received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-maiL Thank you. <Montgomery v. Dunes City LUBA No. 2009-125 4.13.2010.pdf> 4 Date: r""-'Geived:_'1fJj@o Planner: AL