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Agenda - 10/28/2002 , WOODBURN CITY COUNCIL AGENDA OCTOBER 28,2002 7:00 PM 1. CALL TO ORQER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEM~NTS AND APPOINTMENTS Announcement~: A. Woodburn Aquatic Center will be closed for annual maintenance from October 27 through November 8, 2002. B. General Election, November 5, 2002: Woodburn City Hall is a designated Marion County ballot drop site during regular business hours. C. City Hall will be closed on Monday, November 11, 2002 in observance of Veteran's Day. D. The November 11, 2002 Council Meeting is moved to November 12, 2002. E. The November 12, 2002 Recreation and Park Board meeting is moved to November 19,2002. Appointments: F. Appointment ofVasily Chernishov to the student position on the .................3F Library Board, effective through September 30, 2004. 4. PROCLAMA TIONS/PRESENT A TIONS Proclamations: None Presentations: None 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association Page 1 - Council Agenda of October 28, 2002 6. COMMUNICA liONS A. ih Annual Curbside Food Drive........ .... ........................................................ 6A 7. BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda.) 8. CONSENT AG~NDA - 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 October 14, 2002, Regular .....................8A and Executive Sessions Recommended Action: Approve the Woodburn City Council minutes. B. Woodburn Public Library Board Minutes of October 9, 2002.........................8B Recommended Action: Approve the Woodburn Public Library Board minutes. C. Leaf Pick Up and Disposal Program - Fall 2002.......................................... 8C Recommended Action: Receive the report. D. ICMA 401 (a) Money Purchase Plan Consolidation ...................................... 8D Recommended Action: Receive the report. E. Woodbuim Police Department Activities for August 2002 ..............................8E Recommended Action: Receive the report. 9. TABLED BUSINESS None 10. GENERAL BUSINESS A. Council Bill No. 2420 A Resolution entering into an Agreement..................1 OA with the Farmworker Housing Development Corporation and authorizing the Mayor to sign said Agreement. Recommended Action: Adopt the resolution. B. Council Bill No. 2421 A Resolution authorizing the provision of fire ...........10B protection water and sanitary sewer services to Food Services of America, Inc. pending annexation Recommended Action: Adopt the resolution. C. State-Local Agreement, Land and Water Conservation Fund, ................... 10C Settlemier Park Skatepark Page 2 - Council Agenda of October 28, 2002 Recommended Action: Authorize Mayor's signature on the State-Local Agreem$nt with the State of Oregon for a Land and Water Conservation Fund grant in the amount of $91,406.25 for the Settlemier Park Skatepark project. D. 2002-2003 Draft Master Fee Schedule Update .......................................... 10D Recommended Action: Accept the Master Fee Schedule Update and provide direction to staff, as appropriate. E. Library Director Employment Agreement.....................................................10E Recommended Action: Approve and authorize the City Administrator to execute an Employment Agreement with the Library Director, effective November 1,2002. 11. PUBLIC HEARINGS A. Subdivision Application No. 02-03; a proposal to convert Woodburn .........11A Crest Estates Mobile Home Park into a 45-lot subdivision 12. PUBLIC COMMENT 13. NEW BUSINESS None 14. PLANNING COMMISSION ACTIONS - These are Planning Commission actions that may be called up by the City Council. None 15. CITY ADMINISTRATOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SESSION A. To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660(1 )(e). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1 )(f). 18. ADJOURNMENT Page 3 - Council Agenda of October 28, 2002 3F WOODBURN ORE G 0 N Incorporated 1889 October 23, 2002 Subject: Appointment to Library Board To: All City Councilors I am recommending the following appointment to be effective 28 October 2002. Vasily Chernishov to the student position on the Library Board. This appointment will terminate on September 302004. If anyone has an adverse opinion please contact me prior to the Council meeting of October 28, 2002. This appointment was recommended by the Assistant Library Director with the approval of the Library Director. Vasily is a life long resident of W oodbum. He is a constant user of the Library and wants to be involved. He was interviewed by Library personnel who were impressed with him and his interest in the Library and, in my opinion, will be a real asset to the Board and the community. He has indicated that he will allot the necessary time and effort to the appointment even though he has a busy schedule at school. Thank. you all for your support of my appointment. Office of the Mayor 270 Montgomery Strut. Woodburn, Oregon 97071 Ph.503-982-5228 . Fax 503-982-5243 ~/I- TO: FROM: RE: DATE: Mayor, Council and City Manager CORRECTION Mary Kanz, Executive Director Annual Curbside Food Drive Final Tally October 25,2002 - FOR IMMEDIATE RELEASE F or one week this past September, local Garbage/Recycle Haulers in Marion County collected non-perishable food donations froll1 their garbage/recycle customer's curbsides. The total this year came to 11.44 tons, an increase of 2000 pounds from last year's totals. This brings the grand total donated to Marion Polk Food Share to 135~OOO pounds collected since the program began in 1996! Bright colored yellow bags donated by the Grocery Outlet allowed residents to fill them with food donations that was easily identified at the curb by collection company drivers. Residents were asked to fill the bag with canned and other non-perishable food items and place it curbside on their regular garbage or recycle day during the week of September 16th through 20th. Mid-Valley Garbage & Recycling Association teamed up with Marion Polk Food Share, the Grocery Outlet and gracious residential garbage/recycle customers to make this annual event a success for the seventh year in a row. Call the RECYCLE HOTLINE at (503) 390-4000 or toll free outside Salem calling area: 1-877-390-4001 for more information on this - or other community events sponsored by the Garbage/Recycle Haulers. ### Mid-Valley Garbage & Recycling Association 3680 Brooklake Road NE Salem, Oregon 97303 (503) 390-4000 or outside Salem calling area: 1-877-390:..4001 Fa){: (503) 393-9648 Email: mrtrashrecyc1es@quik.com Web Page: www.mrtrashrecycles.com 6A TO: FROM: RE: DATE: Mayor, Council and City Manager Mary Kanz, Executive Director ih Annual Curbside Food Drive Final Tally October 22, 2002 - FOR IMMEDIATE RELEASE F or one week this past Septen1ber, local Garbage/Recycle Haulers in Marion County collected non-perishable food donations from their garbage/recycle customer's curbsides. The total this year came to 11.44 tons, an increase of 2000 pounds from 2001 totals. This brings the grand total donated to Marion Polk Food Share to 24,000+ pounds collected since the program began in 19961 Bright colored yellow bags donated by the Grocery Outlet allowed residents to fill them with food donations that was easily identified at the curb by collection company drivers. Residents were asked to fill the bag with canned and other non-perishable food items and place it curbside on their regular garbage or recycle day during the week of September 16th through 20th. Mid-Valley Garbage & Recycling Association teamed up with Marion Polk Food Share, the Grocery Outlet and gracious residential garbage/recycle customers to make this annual event a success for the seventh year in a row. Call the RECYCLE HOTLINE at (503) 390-4000 or toll free outside Salem calling area: 1-877-390-4001 for more information on this - or other community events sponsored by the Garbage/Recycle Haulers. ### Mid-Valley Garbage & Recycling Association 3680 Brooklake Road NE Salem, Oregon 97303 (503) 390-4000 or outside Salem calling area: 1-877-390-4001 Fax: (503) 393-9648 Email: mrtrashrecvc1es@quik.com Web Page: www.mrtrashrecycles.com SA COUNCIL MEETING MINUTES OCTOBER 14,2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, OCTOBER 14, 2002. CONVENED. The meeting convened at 7:00 p.m. with Mayor Jennings presiding. 0010 ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Absent Present Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Park & Recreation Director Westrick, Finance Director Gillespie, Recreation Supervisor Sjothun, Management Analyst Smith, City Recorder Tennant Mayor Jennings stated that Councilor Nichols had left a message that he would not be in attendance at this meeting. 0063 ANNOUNCEMENTS. A) Continuation of Public Hearing: The public hearing relating to Woodburn Crest Subdivision is scheduled for Monday, October 28,2002, 7:00 p.m., in the City Hall Council Chambers. B) Statewide General Election: Ballots will be mailed to registered voters on October 18th and City Hall is a designated ballot drop site. APPOINTMENTS. Mayor Jennings appointed Evan Thomas to the student position on the Recreation and Parks Board with a term expiration date of September 30, 2004. FIGLEYIMCCALLUM... approve the appointment of Evan Thomas to the student position on the Park and Recreation Board. The motion passed unanimously. 0141 PROCLAMATJON: PUBLIC WORKS WEEK. OCTOBER 21 - 25. 2002. Mayor Jennings declared the week of October 21 through 25, 2002 as Public Works Week in Woodburn. A list of scheduled activities was included in the agenda packet. Page 1 - Council Meeting Minutes, October 14, 2002 COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING 0237 WOODBURN I?OWNTOWN ASSOCIATION REPORT. Bruce Thomas, r~presenting WDA, provided a brief report on the status of the lighting project along Nolrth Front Street. He stated that the ditches have all been dug and the conduit laid with the next step being installation ofthe wiring. 0274 WOODBURN TOGETHER REPORT. Councilor McCallum reported that Woodburn Together had received a $87,577 grant from the US Department of Justice Drug Free Communities Program. Woodburn Together was one of 70 new communities funded out of over 440 nationwide for this particular grant. Individuals who worked on this grant application included Jodi Fischer, Woodburn School District, Randy Westrick, Jennifer Robbin (Marion County Health Dept), Brian Sjothun, and himself. He stated that Woodburn Together is partnering with the City's Recreation and Parks, School District, and other local agencies. Director Westrick stated that the After-school program was moved a couple of years ago to the campuses at Lincoln and Washington elementary schools. This has been a very beneficial program for our community, however, only grade school children can attend this program noW that it is located at the elementary schools and the middle school students are not ~erved by this program. This new grant program will fill the gap and provide teens with a place they can go to after school in addition to other teen programs that will be implemented. He reiterated that the project team members worked diligently on this grant application and he expressed his appreciation to team leader Brian Sjothun who wrote the grant and to Jennifer Robbin for keeping the team on track. Brian Sjothun stated that $87,000 is the grant award for the first year, however, this is a 5-year project with total funding close to $500,000. In approximately one month, the group will be recommending that the Mayor appoint members to the Woodburn Youth Council consisting of high school and middle school students that will drive this program. It will give the students leadership opportunities and high school students will be used as mentors in the After school program. The grant will provide for a full-time staffmember and additional part-time staff members. The goal is to have this program in operation by the first part of January 2003. Councilor McCallum stated that, as part of the grant, Director Westrick and Recreation Supervisor Sjothun will be going to Washington DC for training on this grant program. Even though this is a 5-year grant, goals need to be met each year in order to receive the grant funds for the following year. 0679 COMMUNICi\TIONS. Mayor Jennings stated that he had received a thank-you letter from Kay Vestal who recently retired :€rom City service. Page 2 - Council Meeting Minutes, October 14, 2002 COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING 0728 CONSENT AG~NDA. A) approve the Council regular and executive session minutes of September 23,2002; B) accept the Planning Commission minutes of August 8, 2002; C) receive the Building Activity report for September 2002; D) receive the Planning Project Tracking sheet dated September 16, 2002; E) receive the status report on the Mill Creek Pump Station dated October 8, 2002; F) receive the Library monthly report for September 2002; G) approve the claims for the months of August and September 2002; H) receive the Pplice Department Activities report for July 2002; and I) receive the street closure report for Montgomery Street between First and Second Streets. FIGLEY/SIFUENTEZ... adopt the consent agenda as presented. Councilor Sifuemtez referred to the Council minutes of September 23, 2002 and requested that they be corrected to show that she was in attendance at that meeting. The motion to aQopt the consent agenda passed unanimously. 0794 CITY ADMIN~STRATOREMPLOYMENT AGREEMENT. FIGLEYIBJELLAND... approve and authorize the Mayor to execute the addendum to John C. Brown's employment agreement. The motion passed unanimously. 0814 COUNCIL BILL 2417 - RESOLUTION ESTABLISHING NON-UNION EMPLOYEE COMPENSATION EFFECTIVE OCTOBER 1. 2002. Council Bill 2417 was introduced by Councilor Chadwick. The bill was read by title only since there were no objections from the Council. Administrator Brown stated that the compensation adjustments are the same as what was approved by the Council in the AFSCME union package. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2417 duly passed. 0888 COUNCIL BILL 2418 - RESOLUTION ENTERING INTO A STF-I08 MARION COUNTY RU~L AGREEMENT WITH SALEM AREA TRANSIT FOR FISCAL YEAR 2002-03. Councilor Chadwick introduced Council Bill 2418. 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 Jennings declared Council Bill 2418 duly passed. Page 3 - Council Meeting Minutes, October 14, 2002 COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING 0948 COUNCIL BII.~ 2419 - RESOLUTION DIRECTING CITY ENGINEER TO PREPARE EN INEERING REPORT FOR WEST LINCOLN STREET IMPROVE ME TS BETWEEN KOTKA STREET AND CASCADE DRIVE. Council Bill 2419 was introduced by Councilor Chadwick. 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 Jennings declared Council Bill 2419 duly passed. 1016 DRAFT TREE rRESERV ATION ORDINANCE. City Administrator Brown stated that tree preservation was a topic of discussion in July 2002 since seve$.llarge trees had been removed by property owners and the Council had been asked by concerned citizens to take some action to preserve the larger size trees. The Council had expressed a variety of viewpoints and these views were incorporated into a draft ordiIlance. He stated that he did not feel that there had been Council consensus on thi$ issue and staff is back before the Council requesting some additional direction. For the purpose of discussion, staffhas developed a draft ordinance which is a very stringent document whereby the Council would regulate the cutting of almost any tree, and in many cases, prohibit the cutting of certain trees. The purpose of the ordinance is to flll in gaps that the City has between the street tree ordinance and the new Woodburn Development Ordinance. It was noted that the Development Ordinance calls for the planting of trees but does not address the retention of the trees originally planted as required within the development approval. The draft ordinance does require a permitting process which would be filed with the Planning office. The definition of a in the ordinance is any tree over 5 inches in diameter at breast height (about 4 foot above ground level). The exception would be in a residentially zoned area R1 or R1S lot in which case the tree would need to be 24" in diameter or greater. The ordinance would designate these larger trees as landmark trees, however, the Council could designate other species of trees smaller than 24" as landmark trees which would then fall under the ordinance provisions. Another provision in the ordinance would require the replacement of trees either on the property owner's property, on City right-of-way, on public property, or by virtue of paying into a mitigation fund. The diameter of replacement trees would need to be equal to or greater than the diameter of trees removed and the new tree( s) would need to be at least 2.25 inches or 2.5 inches in diameter. The draft ordinance still needs to address issues relating to property owner violation of the rules and the permit application. Staff had decided to wait until the Council had discussed the draft document and decisions made on this issue before finalizing the document. He stated that Asst. City Attorney Won had drafted the document and is available to answer Council questions. 1551 Councilor Figley stated that she would like to give some protection to the true brand of street trees that are a part of our community but she has some misgivings on the extreme Page 4 - Council Meeting Minutes, October 14, 2002 COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING form of ordinanqe that has been drafted for discussion. She is sympathetic to the impulse to identify, presekre, and protect some ofthe largest and oldest street specimens. She expressed her support of an ordinance that would protect landmark trees but would have some misgivings when it involves a property owner's yard. She cited as an example the number of trees ()n her own property of which only I tree is a healthy landmark tree, another tree is an unhealthy landmark tree and the remaining 20 trees are of a species that have no particular significance other than to the family that originally planted the trees. Throughout the City, there are many large trees that may not be significant and she is concerned about taking away property owner rights when it involves private property rather than public right-of-way. She also expressed concern about taking the ordinance any further than identification and definition, and would probably limit the trees to the setback area from the street in which they are located. She also had some issues with the permit process since it could be very time consuming for the Community Development Director to admijnister the ordinance. Lastly, a potential danger is unlicensed individuals doing work on tltees that may create a hazard and some regulation for this type of activity should be consiqered. Mayor Jennings expressed his opinion that there should be some ordinance provision in place that woul~ protect landscaping from being removed once it has been approved by the City as part <;>fthe development site plan within commercial and industrial areas. 2110 Councilor McCallum stated that there have been a number of large trees recently cut down within the City and he is concerned about the loss of older trees within the community. He also agreed with comments made regarding private property and the ability of property owners to make their own landscape decisions, however, he believes in stewardship of property by property owners. He also appreciated the list of trees in the draft ordinance and agreed that individuals removing trees have a license. Also important are the permit procedures and the emergency procedures dealing with tree removals. Mayor Jennings agreed with the preservation of heritage/landmark trees but felt that it was not as important to preserve trees that do not fall into that type of category. He agreed that property owners have rights but he also feels that trees along the streets make the area more aesthetically pleasing. Current City ordinance already protects trees in the public right-of-way but he does have concerns about placing too many restrictions on private property. Councilor McCallum requested clarification of the replacement tree provision. Administrator Brown stated that the tree(s) replaced equal the diameter of the tree(s) removed in addition to the tree replacement size be greater than 2" in diameter. Asst. City Attorney Won stated that a property owner could pay into an mitigation fund which could be used for a tree program. 2886 Councilor Bjelland felt that there are several tiers of situations that are being addressed and it is necessary to clarify what should be done for each of the tiers. He stated that the tiers include (1) the public right-of-way which is already covered under City ordinance; Page 5 - Council Meeting Minutes, October 14, 2002 COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING (2) a second tier being the treescape issue which involves setback from the roadway; (3) a third tier relates to sideyard and backyard issues; and (4) the fourth tier relates to commercial, industrial, and public lands which are developed with certain landscape requirements. He reiterated that the draft ordinance does provide language as to what could be done and it is taken to a fairly extensive level of restriction and, in his opinion, the Council should back off in some of these areas to a degree yet to be determined. He suggested that a Council workshop involving the Park Board and citizens be called to define the tiers and how each tier should be addressed. Councilor Sifuentez felt that the public needs to know what trees would be identified as heritage/landmark trees. She stated that it was difficult for her to infringe on property owner's rights and agreed with Councilor Bjelland that more discussion with the public should be considered before any action is taken. Mayor Jennings felt that the draft ordinance did address the removal of sick or unsafe trees but professionals need to be the ones who would determine the health of a tree. Councilor Chadwick that she had previously removed a tree from her property that had a diseased and they had replaced the tree with another one that would eventually grow taller. 3666 Councilor McCallum stated that health and safety of citizens has always been a priority to him, however, he would like to see built into the document that everyone has rights but they also have responsibilities which need to be kept in balance. Administrator Brown summarized the following comments made by the Council: 1) there is a strong need to protect trees that are in place as a condition of approval or have been saved because of a development approval; 2) in a residential area, a heritage tree needs to be saved but there is a need to further define a heritage tree; and 3) there is some consensus that either streets cape or setback is more important than other portions of the yard. He also suggested that a larger diameter of a tree, such as 36", be used as a starting point and then allow for some process in nominating a tree. Staff has had some difficulty in defining species that would be considered as a heritage tree. Additionally, staff has spent a lot of time on this issue and he is concerned about the amount of future staff time that could be involved if additional hearings and meetings are involved. He recommended that provisions be kept that address pre-development removal of trees. Staff will also be recommending to the Council that grading permits be required before any pre- development work is done by a property owner. He felt that the language in Section 4 relating to the protection of trees does most of what has been talked about by the Council with some minor revisions. In regards to a replacement tree, another option is a 1-1 replacement thereby allowing a smaller diameter of a tree to be planted rather than replacing a tree with multiple trees totaling an equal diameter. He also felt that the mitigation fund was an important provision since a tree education program is very Page 6 - Council Meeting Minutes, October 14, 2002 COUNCIL MEETING MINUTES OCTOBER 14,2002 TAPE READING important and staff would like to be able to retain an arborist to assist staff in making some of the decisions rather than placing the decision on the landowner. Additionally, the City would like to invest more funds in our own street tree program and perhaps reclaim the designation of Tree City USA. He also suggested that the nuisance tree list be expanded and requested assistance from the Council in providing names of trees that could be added to the list. Councilor Figley suggested that ornamental trees that bear fruit be added to the list in addition to walnut and chestnut trees since they also create quite a mess. Administrator Brown stated that he would try to bring back a revised draft ordinance that would address the streetscape and setback area. In areas which are zoned commercial or industrial, the property owner would be required to get a tree removal permit if trees greater than 5" in diameter would be removed. In regards to diseased trees or trees that present an eminent danger, the tree can be removed without a replacement value being attached. Discussion was held regarding the placement of stricter requirements on commercial and industrial property over residential property and it was suggested that staff contact an arborist to get an opinion on this issue. 5831 INTERGOVERNMENTAL AGREEMENT - TRAFFIC SAFETY GRANT AWARD. For fiscal year 2002-03, the City was awarded traffic safety grants in the amount of $4,000 for safety belt enforcement and $3,000 for DUll enforcement. FIGLEY/MCCALLUM... approve reciept and allocation of grant awards for traffic enforcement and approve the intergovernmental agreement between ODOT, through the Oregon Association of Chiefs of Police, and the Woodburn Police Department. The motion passed unanimously. 5891 RESCHEDULING THE NOVEMBER 11. 2002 CITY COUNCIL MEETING. Since the November 11,2002 regular meeting is on Veteran's Day which is a recognized holiday, staff recommended that the meeting date be rescheduled for Tuesday, November 12th. FIGLEY /BJELLAND... reschedule the November 11 th meeting to November 12th due to the holiday. The motion passed unanimously. 5940 APPOINTMENT OF VOTING DELEGATE: LEAGUE OF OREGON CITIES BUSINESS MEETING. Councilor Sifuentez stated that she would be in attendance at the business meeting and would be willing to serve as the City's voting delegate. It was the consensus of the Council to appoint Councilor Sifuentez as the voting delegate. Page 7 - Council Meeting Minutes, October 14, 2002 +~-'-=..'-" .".--.....-..'1.... .,---.-...~. COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING 6032 PLANNING COMMISSION ACTIONS: A) Design Review 02-07 to expand existing medical clinic: The Community Development Director approved the design review request for the expansion of the Legacy Clinic located at 1002 N. Boones Ferry Road. No action was taken by the Council on this application. 6057 MAYOR AND COUNCIL REPORTS. Councilor Figley stated that she, along with many volunteers, participated in the Clean-up event last Saturday and, as a result, the City looks much cleaner. She thanked the organizers for their work in coordinating this semi -annual event. She also stated that the North Front Street park looks great and she thanked the Public Works Director and Parks & Recreation Director Westrick in getting this park groomed. Councilor McCallum thanked the volunteers for participating in this year's fall clean-up event which turned out to be very successful. Councilor Bjelland stated that at the last MW ACT (Mid- Willamette Valley Area Commission on Transportation) meeting, it was reported that the Woodburn 1-5 project was designated as a set-aside project for Region II. There were 5 projects in Region II that were recommended to ODOT as projects to be funded through federal funds which are given to the State for expenditure on transportation improvement projects. Of the federal funds received, 5% of those funds are designated as set aside monies which are stipulated for specific projects within the State. Region II has acknowledged that the Woodburn interchange should be nominated as a set aside project to get potential federal funds. There is no guarantee that federal funds will be allocated, however, it does help if ODOT has given its approval as a set aside project. If it is designated by ODOT, it would then be appropriate for the City to approach Representative Darlene Hooley to work towards obtaining the federal funds to proceed with the project. Councilor Sifuentez stated that MacLaren has adopted Hwy. 99E and, under the Adopt a Highway program, they are required to clean-up the designated area four times a year. She thanked the MacLaren staff for their willingness to participate in this program. Tape 2 Mayor Jennings stated that he had recently traveled to Central Oregon and found that Redmond also has a lot of traffic problems in their City since Highway 97 goes right through their downtown area. He also stated that he had received a letter from the Council of Governments reminding him that Councilor Bjelland's term on MW ACT will soon end and, as Mayor, he will be nominating Councilor Bjelland to another term on the Commission. Page 8 - Council Meeting Minutes, October 14,2002 '''.'-''^~-'''''''r^''-''-~'~--'''''-''~---~----- t T COUNCIL MEETING MINUTES OCTOBER 14, 2002 TAPE READING 0063 ADJOURNMENT. FIGLEy/SIFUENTEZ.... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:32 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 9 - Council Meeting Minutes, October 14, 2002 8B MINUTES MONTHLY NlEETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: STAFF PRESENT: GUESTS: CALL TO ORDER: SECRETARY'S REPORT: October 9,2002 Phyllis Bauer Marie Brown Ardis Knauf Kay Kuka - Present - Present - Present - Present Pat Will Mary Chadwick Ex-Officio - Present - Present - Present Dan Peterson, Assistant Library Director Judy Coreson, Recording Secretary None President Kay Kuka called the meeting to order at 12 Noon. The monthly Board minutes of September 11, 2002 were approved as submitted. CORRESPONDENCE: None PUBLIC COMMENT: None DIRECTOR'S REPORT: Assistant Library Director, Dan Peterson, attended the meeting in Linda Sprauer's absence, as she is on vacation for two weeks. Monthly Statistics: The monthly statistics were self-explanatory. The number of people visiting the library for September was 13,192. Activities: A list of activities was distributed to the Board. The Spanish Story time that began in September is becoming more successful with 22 in attendance Tuesday evening at 6:30 pm. An InfantIToddler Story time has begun on Tuesdays at 10:30 am. The Friends of the Library Booksale will be held Friday and Saturday, October 11 and 12 from 10 am to 4 pm. Assistant Library Director, Dan Peterson, will resume the Saturday morning computer classes. For October the scheduled classes are: Oct. 5 - Searching the Library Catalog; Oct. 12 - Searching for Magazine Articles; Oct. 19 - Searching the Internet; and Oct. 26 - an Open Forum for any questions. A Teen Club at the Library will begin on Thursday, October 17, at 6:30 pm with a pizza party. They will discuss monthly activities, vote on a club name and create a logo. Saturday at the Library activities are continuing. The Oregon Historical Society Folklife program, supported by the Library Services Technology Act, will be providing Latino cultural displays and programs at the library October 12 through November 5. "Our Ways: History and Culture of Mexicans in Oregon" exhibit and activities begin Saturday, October 12. Activities include performances in Library Park: Ballet Folklorico de Woodburn, Rondalla Sentimiento Latino, Children's Folk Dance Group and Charros and Low Riders. The Craft demonstrations in the Youth Services area are: Paper Calaveras by Antonio Ramos; Clay Whistles by Imelda Gaspar; and Wheat 1 Weaving by the Morales family, Food vendors from the Downtown Association will be on hand in Library Park from 1-5 pm. An adult program will be planned for Sunday, October 20. On Sunday, October 27, from 2 to 3 pm, Edwardo Gonzales-Viana will give a presentation on his book about Mexican culture in Oregon in the City Hall Council Chambers. In November the library will be closed Monday, November 11, for Veterans' Day and Thursday, November 28, for Thanksgiving Day. Volunteer of the Month: Dina Kosovan was chosen Volunteer of the Month for October. Grants: The Oregon Historical Society Folklife program exhibit, "Our Ways: History and Culture of Mexicans in Oregon" will be displayed October 12 through November 5. The opening activities on Saturday, October 12, are performances in Library Park and craft demonstrations in the Youth Services area. The Gates Foundation grant computers are running well and are very popular with patrons. The library has also received licenses from the grant to put the Microsoft software on the other library computers. Staff: Connie Constante was hired for the full-time Library Assistant position. She will continue the Spanish Story times Tuesday evenings. The full-time Reference Librarian position was filled by Christine Mackie. Connie and Christine will begin Tuesday, October 22. Board Position Opening: A student will be appointed by the Mayor to the Library Board by the next November monthly meeting. BOARD REPORTS: At the next monthly meeting, Kay Kuka will report on the Spanish Storytime and Ardis Knauf will report on acquisitions. OLD BUSINESS: NEW BUSINESS: None Visit to Libraries: 10/26/02 begining at 9 am at the West Linn, Beaverton and Wilsonville Libraries. The Library Board approved of the date for the library visits. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: Mary Chadwick reported that the Mayor met with 16 high school students for the possibility of appointments to City Boards. High School student, Kevin Schiedler, graduated this year and his replacement will begin at the November monthly meeting. The meeting was adjourned at 12:20 pm. ADJOURNMENT: Respectfully Submitted, ~s~ Recording Secretary Library Board Minutes - 10/9/02 2 8e MEMO FROM: City CounCil through the City Admin~~ Public Works Program Manager ~ ,. TO: SUBJECT: Leaf Pick Up and Disposal Program - Fall 2002 DATE: October 21, 2002 Increased Fall Sweeping Efforts The City Council has directed in past years that Public Works increase its sweeping effort during the fall. This effort has been directed at the downtown area and main streets leading to schools. The areas where sweeping intervals are increased to weekly are shown on the attached map. The remainder of the city is swept once per month according to the usual schedule. Increased sweeping and leaf pickup activity will run from November 4, 2002 to December 14, 2002. City Fall Leaf Disposal at No Additional Cost to Woodburn Residents Similar to prior years, leaf drop off will be provided at no cost from November 4 to December 14, 2002 in the fenced Public Works storage facility located at 300 E. Cleveland Street just east of the railroad tracks. Woodburn residents may drop off leaves at the Public Works facility during the times outlined below: Monday through Friday Saturday 8:30 am to 3:30 pm 10:30 am to 3:30 pm Signs will direct individuals where to deposit the leaves. Leaves must be removed from plastic bags or other containers before being deposited. Other options for leaf disposal 1. Composting on private property - will provide soil conditioner for next year's garden and flower beds. 2. Composting at Marion County site. Marion County is composting yard waste, which can be dropped at the North Marion Station located at 17827 Whitney Lane, NE near the ash disposal site. County composting service is available to both residential and commercial people for a cost. Information on cost and conditions may be obtained by calling 981-4117. 3. Pickup at residence - Residents may fill their United Disposal yard debris container each week until leaves have been disposed of. United Disposal employees will pick up bagged leaves as a part of their regular service for an additional charge. For additional information contact: Woodburn Street Department Matt Gwynn 503-980-2424 Cheryl VanNatta 503-982-5236 Marion County Solid Waste Program at 981-4117 _....._._..."~__>_,~~._._...._ ___.~_._~_"_""'~'~~.~~__~. I , r--\ f LEGEND ~"""r Scheduled Weekly Sweeping .1111 Extension of Weekly Sweeping Dunng Leaf Clean-up ---.-"'----"-,,~-------'~--~r-..--""'------+ 8D ~ Wooni6RN - MEMORANDUM To: Through: From: Date: Subject: Mayor and City Council ~. John C. Brown, City Administrat~r ....~ Mary Tennant, City Recorder ~ October 24, 2002 ICMA 401(a) Money Purchase Plan Consolidation On August 12,2002, a Council motion was unanimously approved to establish a 40l(a) money purchase plan for City Attorney Shields with either a portion of or all of the 7% salary increase (amount to be determined by the City Attorney) allocated to this new qualified defined contribution retirement plan. The City had previously established individual 40l(a) plans for the City Administrator and Public Works Director. Federal legislative changes governing the 40 1 (a) money purchase plans have now made these plans into a more flexible program thereby allowing participants in a plan to have different required contribution levels. As a result, our plan administrator, ICMA, has elected to consolidate the existing plans for these current employees into one plan and to add the City Attorney to the consolidated plan. Outside of the addition of the City Attorney, no other amendments were made to the plan. City Administrator Brown is an authorized signer of documents relating to all of the ICMA plan documents. Since the consolidation does not involve a the establishment of a new plan, he has signed the plan amendment which has October 1, 2002 as the effective date for the changes. >----...-.,,--,.~'...--"-~___r---+"- City of Woodburn Police Department 8E STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 270 Montgomery Street Date: October 16, 2002 ~Russell, Chief of Police Mayor and Council . a/ John Brown, City Administrator6JV From: To: Th1U: Subject: Police Department Activities - August, 2002 The Consolidated Monthly Report is a monthly analysis of police department calls for service. This report lists all police department incident investigations for the month, shows year to date statistics, and comparisons to the previous year. 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I...... .., .,. ..... ...... .,... 00\J100-..lYJOOlJ'ijoolOO....N....0000CDOOOOOWc:cOwOO..., .... .... ~~ g~~~e~~~~~~~ ~~~~~~ g g~ ~~~~ O;N~o~~~~~~~o~~~~o~o~~~oo~o~o~~b~ .... ........ \J1~ ())~~~~())..,jO ())W~ ~""~""N~""~ ())())OO~....W 0..0 ""~O-Jo-~~o- ~~o- ~ ~~w, ~C:COOO~"" o. .0........ .... ..... ............ oo...0\J1...000-CDIJ10-00N.oO..N0\J100000...,OOOOOCD ~ u_ ... ___ ___ _____ ____WQODBUlm- lOA STAFF REPORT To: FROM: VIA: DATE: SUBJECT: Honorable Mayor and Council ~~ Matt Smith, Management Analyst II yU John C. Brown, City Administrator \rY For the Council Meeting of October 14, 2002 Cipriano Ferrel Education Center Project - Agreement with FHDC Recommendation: It is recommended that the City Council authorize the Mayor to execute the attached agreement between the City and Farmworker Housing Development Corporation (FHDC), necessary to clarify project procedures and responsibilities. Background: In June 2002, Council authorized the execution of a grant contract with the State of Oregon to use the Community Development Block Grant awarded to the City for the construction of the Cipriano Ferrel Education Center. The project is a partnership with FHDC, and the City has contracted with the Mid-Willamette Valley Council of Governments for grant administration services. The project is nearing the construction phase, and prior to awarding the bid for construction, two steps must be completed. First, the City must enter into an agreement with FHDC to clarify project procedures and responsibilities. Second, the City must execute a trust deed to secure the subject property to satisfy the State's requirements. Discussion: City staff met with representatives from the COG and FHDC in early August to discuss bidding out the project and management of the construction phase. One result of that meeting was a consensus that the bid process, construction administration, and contractual responsibilities were not sufficiently clear between the City and FHDC. Attached is an agreement, drafted by the City Attorney, between FHDC and the City that establishes administrative, financial, and legal responsibilities for both parties, particularly during the construction phase of the project. FHDC has agreed to the terms. The State representative has also approved the form of the agreement. Conclusion: The attached agreement clarifies procedures and responsibilities for the project, and will result in improved project implementation and greater protection of the City's interests. Furthermore, the agreement provides for the execution and acceptance of the trust deed, which is required by the State. Council's authorization to execute the agreement is respectfully requested. CITY ADMINISTRATOR'S OFFICE ~ 270 MONTGOMERY STREET ~ (503)982-5228 ~,_ .__~"...,_",--,._._~,.,~~."".__..._._t_~__.......-...-....__.,...."... M t M COUNCIL BILL NO. RESOLUTION NO. A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE FARMWORKER HOUSING DEVELOPMENT CORPORATION AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City made application to the State of Oregon Economic and Community Development Department (OECDD) for a $600,000 Community Development Block Grant to construct the Cipriano Ferrell Education Center; and WHEREAS, the OECnD awarded the grant to the City; and WHEREAS, the Farmworker Housing Devleopment Corporation (FHDC) will construct the center with the grant funds and additional funding that FHDC has agreed to provide; and WHEREAS, it is necessary for the City to enter into an agreement with FHDC in order to enable the construction of the center and to clarify the respective rights and responsibilities of the parties; and WHEREAS, one provision of the agreement requires that FHDC execute a trust deed against its property so that performance is secured under the grant; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into Agreement with the Farmworker Housing Development Corporation for the construction of the Cipriano Ferrell Education Center. A copy of said Agreement is affixed hereto as "Attachment A" and by this reference is incorporated herein. Section2. That the Mayor is authorized to sign said Agreement on behalf of the City. cfl~ /L~ lb~Z-S-- 2002- Approved as to form: ' I ~) City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATIEST: Mary Tennant City Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. RESOLUTION NO. ,., I '1lIf ATTACHMENT. A- Page --'- of g AGREEMENT This Agreement is entered into this day of ,2002, between the City of Woodburn, Oregon, an Oregon Municipal Corporation, (hereinafter "CITY") and Farmworker Housing Development Corporation (hereinafter "FHDC"). RECIT ALS WHEREAS, CITY applied for and received a Community Development Block Grant (Project No. C02004) from the State of Oregon through the Oregon Economic and Community Development Department (OECDD) in the amount of $600,000 for the purposes of constructing a portion of the "Project" as specified in the "Grant Agreement" as these terms are hereinafter defined; and WHEREAS, the "Grant Agreement" means all provisions of that document signed by CITY and OECDD and dated April 15, 2002, and the Special Conditions, Certifications of Compliance incorporated in it, and the relevant descriptive material in the approved grant application; and WHEREAS, the "Project" means the facility described in Exhibit "E" of the Grant Agreement and in Section 1 of this Agreement; and WHEREAS, the total cost of constructing the Project is estimated by FHDC to be $991,335 and only $600,000 has been made available to CITY through grant funds; and WHEREAS, FHDC will fund the construction of the remainder of the Project by the use of additional funding supplied by FHDC; and WHEREAS, FHDC has represented to and assured CITY that it has sufficient additional funding to pay for that portion of the Project not funded by grant funds; and . WHEREAS, in awarding the construction contract for the Project, CITY will be specifically relying on the promise ofFHDC to provide sufficient additional funding for the construction contractor to be paid and for the Project to be constructed; and WHEREAS, FHDC owns the real property upon which the Project will be constructed and shall own and manage said Project; and WHEREAS, in return for the $600,000, the Grant Agreement requires CITY to construct the Project and to assume responsibility to OECDD to see to it that, for a period of five years thereafter, the Project is used for the purposes specified in the Grant Agreement and conforms to all relevant conditions and guidelines; and Page 1 - Agreement ATTACHMENT A Page~ of ~ WHEREAS, FHDC's failure to conform to the grant conditions and guidelines could subject CITY to enforcement sanctions, which could include a return of the $600,000 to the OECDD, as well as other measures involving potential financial loss to CITY; and WHEREAS, FHDC's failure to provide sufficient additional funding for the construction of the Project could subject CITY to claims by the construction contractor for payment; and WHEREAS, OECDD requires specific assurance that the conditions of the Grant Agreement will be carried out; and WHEREAS, CITY requires specific assurance from FHDC that the necessary additional funding will be available to construct the Project prior to awarding the construction contract; NOW, THEREFORE, the parties have determined to enter into this Agreement to set forth their various responsibilities during the grant administration and construction periods and to address issues relating to the transfer of the completed improvements from CITY to FHDC. 1. DESCRIPTION OF PROJECT. The "Project" to be constructed is the Cipriano Ferrel Education Center. The Project will house a Head Start program and a day care center and will provide space to conduct a variety of adult education services as specified in Exhibit "E" of the Grant Agreement. It will include classrooms, bathrooms, storage, commercial kitchen, daycare, playground and outdoor plaza area, parking and supporting facilities. 2. PROPERTY SUBJECT TO AGREEMENT. FHDC represents to CITY that it is the owner of the following described real property upon which the Project shall be constructed: Parcel 3 of Partition Plat No. 93-15, recorded March 2, 1993 in Reel 1037, Page 403, Deed Records for Marion County, Oregon. together with all and singular the tenements, hereditaments and appurtenances and all other rights thereunto belonging or in any way now or hereafter appertaining, and the rents, issues and profits thereof, and all fixtures now or hereafter attached to or used in connection with the property. 3. TRUST DEED AS SECURITY. Pursuant to OECDD grant requirements, and in order to secure the performance of FHDC, FHDC shall execute a Trust Deed on the property described in Section 2 of this Agreement. Said Trust Deed shall be in a form acceptable to CITY and be executed prior to the commencement of construction. Page 2 - Agreement ATTACHMENT -1\ Page --2- of i 4. TERM OF AGREEMENT. The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier terminated in accordance herewith. 5. BIDDING THE CONSTRUCTION. CITY shall publish its invitation to bidders in the manner and form prescribed by law; and, if it is satisfied from the bids that the money available to it is sufficient to fully fund the construction and that the lowest responsible bidder is approved by OECDD, CITY will accept the same and authorize the construction. Otherwise, CITY will reject all bids and may elect whether to proceed with the Project. 6. CONSTRUCTION - ADMINISTRATION. After contracting for the construction of the Project, CITY shall designate its Project Manager, who will have authority to act in its behalf in all matters connected with the Project (and the subsequent use of the premises) but the Project Manager will have no authority to bind CITY to the payment of any funds in excess of the $600,000 received by CITY in grant funds from OECDD. The Project Manager shall have authority to require and receive from FHDC such records and data connected with the supervision and construction ofthe Project as may be required by OECDD under the gGrant Agreement, and FHDC shall maintain and supply such data and records in a time and manner as to comply with OECDD's requirements. Supervision of the construction will be provided by FHDC and FHDC shall be responsible for the proper and timely performance of all phases of the construction. In no event will the contract documents authorize anyone to approve a change order that has the effect of increasing the amount payable to the contractor unless such change is approved in writing by CITY. 7. CONSTRUCTION - ADDITIONAL FUNDING. FHDC understands and agrees that CITY's total financial contribution to the construction of the Project shall be limited to providing the $600,000 in grant funds in conformance with OECDD rules and regulations. FHDC agrees to provide whatever amount of additional funding is necessary to construct the Project in addition to the grant funds obtained by CITY. In awarding the construction contract for the Project, CITY will be specifically relying on the promise of FHDC to provide all necessary additional funding. 8. INDEMNIFICATION. In consideration of CITY's reliance on FHDC's representations and agreement to provide all necessary additional funding for construction of the Project and in further consideration of CITY's enabling FHDC to secure the grant funds, FHDC agrees to indemnify and save CITY, its officers, agents, and employees harmless from and against any and all claims, demands, losses, damages, actions, causes of action, including expenses, costs, and reasonable attorneys' fees Page 3 - Agreement ATTACHMENT A Page..2L of 'iZ which CITY, its officers, agents, and employees may sustain or incur by reason of CITY's reliance on FHDC's representations and agreement. 9. CONSTRUCTIQN - FUNDS. CITY shall maintain the $600,000 in grant funds in a separate account and no funds shall be disbursed without CITY approval. CITY shall review, sign and submit draw requests, progress reports and other documents to OECDD as required by the Grant Agreement. CITY shall also make authorized payments to the general contractor, grant administrator and others entitled to funds during the development and construction of the Project. CITY may perform any monitoring it considers necessary to protect the CITY's interest during the development and construction phase. All surety bonds and undertakings and insurance policies required during construction shall be retained in CITY's custody. 10. CONSTRUCTION - COMPLETION. FHDC may not take ownership of the facility until OECDD has issued its Certificate of Completion and all remaining costs of construction have been paid and all amounts advanced by CITY have been repaid, or funds deposited with CITY sufficient for these purposes. When these conditions have been met, FHDC shall assume exclusive ownership and possession of the facility subject only to the 5-year restrictions prescribed herein. If any surplus money remains in the CITY's hands from the cost of construction, CITY shall return the same to the party entitled to it, it being understood that the Grant Agreement requires that "local funds" be the first expended and OECDD may therefore claim any such surplus. 11. OPERATION OF FACILITY. For a period of five years after the issuance by OECDD of its Certificate of Completion for the Project and occupancy by FHDC, FHDC promises CITY that it will: (a) Be responsible for and provide funding for a Head Start program, a day care center, and adult education services in compliance with all the requirements imposed by OECDD in the Grant Agreement. (b) Maintain all records and data required by OECDD under the Grant Agreement and furnish the same timely to CITY's Project Manager; and (c) Defend and save CITY harmless from any claim for damages or sanctions in any form arising from any alleged failure to conform with the requirements of the Grant Agreement, or for injury or damages alleged to arise from any actionable act or omission in the operation of the Project, or activity on the premises. FHDC shall not, during said period oftime, use the facility, or lease or rent it, or allow it or any part of it to be used for any purpose other than the purposes to which it is committed by the Page 4 - Agreement ATTACHMENT A Page...5- of ~ Grant Agreement, or commit any act or omission which subjects the CITY to any sanctions by OECDD. 12. PERFORMANCE OF FHDC AND RELEASE OF TRUST DEED. Prior to any action that binds CITY to any financial obligation, FHDC shall deliver to CITY the Trust Deed referenced in Section 3 of this Agreement. If, at the end of the five-year period, nothing remains due CITY from FHDC under this Agreement, and CITY is not subject to any pending sanctions or any claims of financial loss arising from any breach of this Agreement, CITY shall promptly release all covenants and its interest under the Trust Deed, and thereafter shall neither have nor claim any further interest in the premises or FHDC's use thereof. 13. INSURANCE. Before taking possession of the completed facility, FHDC shall obtain fire insurance and liability coverage as provided herein. FHDC shall obtain, and at all times during the five-year period keep in effect, liability insurance issued by a company authorized to transact business in Oregon, which coverage shall cover all ofFHDC's professional activities on, and any injury or loss arising from the condition of, the premises. The policy shall provide for 30 days written notice to CITY prior to cancellation of the policy. The insurance shall have limits provided therein of at least $50,000 to any claimant for any number of claims for damage to property arising out of a single accident or occurrence, $200,000 for injury to anyone person, and $500,000 for total injuries or damages arising out of a single accident or occurrence. These limits shall not limit the indemnities set out herein. It is understood that CITY is in no sense, during the five-year period, in control of the premises or any part of the physical facility, and is in no way related to the operation ofFHDC, nor will FHDC be CITY's agent in any respect during that time. Nevertheless, to protect CITY against claims made against it on that theory or supposition, the continued effective coverage is of the essence of this Agreement. In addition, FHDC shall at all times maintain a policy insuring the facility against fire or other casualty in an amount not less than the insurable value of the improvements and include CITY as a named insured, and shall cause a certificate evidencing such coverage to be delivered to CITY prior to possessing or using the FHDC facility, and thereafter maintain the said coverage. In the event that the premises are wholly or partially destroyed or damaged by any insurable event within the five-year period, it is mutually agreed that the proceeds of the policy will be applied to the replacement of the facility to the extent required by the terms of the Grant Agreement. 14. DEFAULT. The failure ofFHDC to comply with this Agreement shall constitute a default and entitle CITY to terminate this Agreement after providing FHDC an opportunity to cure as provided herein. Page 5 - Agreement ATTAC~MENT ..i1 Page of lS' 15. OPPORTUNITY TO CURE. Prior to declaring a default and terminating this Agreement, CITY shall provide to FHDC, in the manner provided by this Agreement, written notice of the default and 30 days after the notice is given to cure the default. 16. NONDISCRIMINATION AND CIVIL RIGHTS. FHDC shall comply with all applicable federal, state, and local laws, rules and regulations regarding non-discrimination in employment. FHDC agrees to comply with all provisions ofORS Chapter 659. 17. STATUTORY PROVISION. All parties are, at all times covered under this Agreement, bound by the applicable provisions of the Oregon Revised Statutes, the Oregon Administrative Rules, applicable federal law, and all local county and city ordinances, orders, regulations, and resolutions. Any applicable provisions of ORS Chapter 279 are incorporated into this Agreement by reference. 18. AUDIT. FHDC shall maintain records to ensure conformance with the terms and conditions of this Agreement, and to ensure adequate performance and accurate expenditures within this Agreement period. FHDC agrees to permit CITY, the State of Oregon, the federal government, and their duly authorized representatives the right to audit all records pertaining to this Agreement to ensure the accurate expenditures of funds. If, in the opinion of the CITY, a site audit becomes necessary, FHDC shall allow such an audit. Any independent audit report of FHDC's activities or finances prepared for FHDC use to the extent it pertains to the Project shall be submitted to CITY upon request. 19. DISPUTE RESOLUTION. If a dispute arises with respect to this Agreement, the parties agree to attempt to resolve such dispute through mediation prior to resorting to the courts. The parties agree to equally share the cost of mediation, if any. Any party to this Agreement may seek relief, including injunctive relief, in a court of competent jurisdiction in the State of Oregon. Venue for any state court action shall be in Marion County, Oregon. 20. ATTORNEY FEES. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party or parties shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit Page 6 - Agreement ATTACHMENT Page -=:L. of ~ It or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court. 21. ASSIGNMENT. Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other, and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. 22. SEVERABILITY. In the event that any provision of this Agreement or the application thereof to any person, property or circumstances shall be held to any extent to be invalid or unenforceable, the remainder of this Agreement and the application of such provision to persons, properties and circumstances other than those as to which it has been held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 23. NO WAIVER, CUMULATIVE REMEDIES. No failure or delay on the part of either party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or otherwise available to the parties. 24. AMENDMENT OF AGREEMENT. This Agreement may be amended by mutual agreement of the parties. Such amendments shall be in writing and signed by each party. 25. COMPLETION OF IMPROVEMENTS AND CONVEYANCE OF PROPERTY. Upon completion of the Project and issuance ofa Certificate ofCoinpletion by OECDD, CITY shall convey the Property to FHDC. The conveyance documents shall contain a reversion provision which provides that in the event the Property is not used by FHDC as provided in the Grant Agreement or for other purposes which meet one of the national objectives of the Community Development Block Grant Program and which are eligible under Section 105 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. ~5305 (1994), then the property shall be reconveyed to the CITY. Such condition of use shall be secured by the Trust Deed conveyed by FHDC to CITY Each party shall have the right to specifically enforce the terms of this provision, and shall be entitled to any other remedy accorded by note, trust deed or other security instrument, or which may otherwise available at law. Page 7 - Agreement ATTACHMENT A Page -2- of '/l 26. MAINTENANCE OF PROPERTY AFTER CONVEYANCE. After the Project is conveyed to FHDC, FHDC shall be responsible for maintenance, repairs and operation of the facility, with the exception of those repairs covered by warranty of the general contractor or any manufacturers. As part of this Agreement, CITY agrees to assign to FHDC all warranties and contractual benefits to the fullest extent possible. 27. NOTICES. Any notice or other communication required or permitted to be given under this Agreement shall be mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties as follows: To CITY: John C. Brown City Administrator 270 Montgomery Street Woodburn, Oregon 97071 To FHDC: Roberto Franco, Executive Director Farmworker Housing Development Corporation 1274 N. Fifth Street, Suite lA Woodburn, Oregon 97071 Any notice or other communication shall be deemed to be given upon deposit in the United States mail. The addresses to which notices or other communications shall be mailed may be changed from time to time by giving written notice to the other party as provided in this section. F ARMWORKER HOUSING DEVELOPMENT CORPORATION CITY OF WOODBURN, a municipal corporation of the State of Oregon Executive Director Date Mayor Date Chair, FHDC Date Attest: City Recorder Page 8 - Agreement r 'I . r lOB October 28, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council -(~ John C. Brown, City Administrator...} Water and Sanitary Sewer Service for Food Services of America Recommendation: Adopt the attached resolution, authorizing the provision of water and sanitary sewer services to Food Services of America, Inc., pending an annexation. Background: The AgriFrozen property in the southeasterly quadrant of the City's urban growth Boundary, and immediately outside city limits, was subdivided last year and a portion was sold to Food Services of America, Inc. (FSA). The property is not in City limits, but the City supplied fire protection water, domestic water, and sanitary sewer service to a succession of businesses at the location until the property was vacated in 2001. There are no valid agreements to provide services to the property. Discussion: It is Council policy that city services shall not be provided to properties outside City limits, and that if such a property is to receive services, it must annex. A smattering of properties in the urban growth boundary currently enjoy those services without having annexed, but they have historically received the services in an unbroken chain of use. Under current policy, as is being applied to FSA and the remainder of the former AgriFrozen plant, such properties will be required to annex if the chain of use is broken. Last year, FSA was informed of this policy. In January 2002, FSA requested the City to provide services to its facility and voluntarily agreed to annex to acquire the services permanently (Attachment 1). Although FSA agreed to contractually obligate itself to this arrangement through a development agreement, no agreement has been presented to the City. FSA recently received a temporary occupancy permit, and indicates the intention to commence operations by December 1, 2002. FSA has assured City staff that it will seek the requisite annexation, and was provided application materials and guidance for seeking an annexation last week. Honorable Mayor and City Council October 28, 2002 Page 2. To authorize the provision of services to the property and allow FSA to commence operations during the period an annexation request is being processed, it is recommended your Council adopt the attached resolution. The resolution states the Council's intent regarding the provision of services outside city limits, authorizes water and sanitary sewer service to the property pending an annexation, and limits the provision of services pending annexation to a period of six months. It is estimated the annexation will require approximately four to five months to process, through approval. ICB ____ ~.,.~_~_______~~___"""~' III ATTACHMENT Page -l-. of i ?-- ~~ ~ [)ev('I, 'PIll('/ll Servic('" 01 Anl('ric.l . / January 31, 2002 Frank Tiwari Director of Public Works City of Woodburn 270 Montgomery Street Woodburn, Oregon 97074 RECEIVED FES 0 4 2002 PUBLIC WORKS Re: Request for Continuance of Services 350 S. Pacific Hwy Dear Mr. Tiwari: Food Services of America has completed the acquisition of the above mentioned property. With this facility, a number of utility services have been changed into the name of FSA. However, two services are currently in the name of the previous surrounding property owners, Cobank. These services include sanitary sewer, and fire protection water. Both of these services are supplied to the total property from the very North property line. Additionally, both of these services are utilized by our new property, as well as other existing Cobank facilities. FSA hereby requests the continuance of the existing fire protection water, and the sanitary sewer services to the property. No other utility services will be needed for the current and future development needs of the Woodburn Food Services of America. Through thorough due diligence, and engineering by consultants, it has been determined that the existing electrical, and natural gas services are adequate. The domestic water to the facility shall be serviced by using existing private water wells on the property, that will be treated to supply drinking water to the facility. Food Services of America will voluntarily agree to become annexed into the City of Woodburn. Formal application will be submitted after occupancy and operations have begun in the new location. During this interim period, FSA will enter into a Development Agreement with the City of Woodburn, which contractually obligates FSA to be annexed, while allowing the existing services to be provided without interruption to the property. Food Services of America has already proceeded with building department inquiries through Marion County, as well as the Woodburn Fire District. We wish to continue working with Marion County on our project to avoid any 40!C, 'It.lridg<' W,IY s.w, SlIih' I (HI . S('.llIll'. WA <1/11 ()(, . UOf.) <1.\ '.411/1/1 FAX UO(,I '/IIAII/I'I '/ ! ATTAC~ENT -'- Page of delays. This proposal, and permit working arrangement was discussed with the City of Woodburn building, planning, and public works officials at a meeting between the parties held on January 3, 2002. FSA will provide any information the City of Woodburn may request as it relates to the property, or project on a timely basis. Should there be any questions regarding the above, do not hesitate to contact the owner/agent for Food Services of America; Development Services of America, and their assigned representatives, Dale Woodside, and Rich Wilson. Both can be reached at 206/933-4888. Thank you for your assistance with regards to this project. f2' Richard H. W' son Vice President Development Services of America Owner/Agent for Food Services of America "....-._",...-_._.~-'.--_.._.,._+-_.-'""-_. l"""'<t Council Bill No. 2421 RESOLUTION No. A Resolution Authorizing the Provision of Fire Protection Water and Sanitary Sewer Services to Food Services of America, Inc. Pending Annexation. WHEREAS, It is the policy of the Woodburn City Council that all properties receiving City water and sanitary sewer services shall be annexed to the City; and WHEREAS, Food Services of America, Inc. has purchased property outside City limits but inside the urban growth boundary; and WHEREAS, Food Services of America, Inc. has requested that the City provide Fire protection water and sanitary sewer services to its property; and WHEREAS, Food Services of America, Inc. has agreed to seek annexation of its property to the City; and WHEREAS, the City Council of the City Of Woodburn has determined that it is in the best interests of the City and the local economy to provide fire protection water and sanitary sewer services to Food Services of America, Inc. while an annexation request is being processes; and WHEREAS, the City Council has determined that it is also in the best interest of the City to limit the period of time that fire protection and sanitary sewer service will be provided, pending annexation, to six months. NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City may provide fire protection water and sanitary sewer services to Food Services of America, Inc. pending annexation. Section 2. Unless annexation is competed, the City shall cease to provide such services no later than six months following the date this resolution is executed. Approved as to form: City Attorney Date Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ~"""'''''_'_''_'''''''"''''__"''''-''_'4'_'_'__~"O'""-''''--.. t.. ~ APPROVED: Richard Jennings, Mayor loe Staff R@Port Woodburn Recreation and Parks Department Date: October 24, 2002 Mayor and City Council via John Brown. City Admini....,#' D. Randall Westrick, Recreation and Parks Director rrr Stat~LocaI Agreement, Land and Water Conservation Fund, SettIemier Park Skatepark To: From: RE: RECOMMENDATION: Authorize Mayor's signature on the State-Local Agreement with the State of Oregon for a Land and Water Conservation Fund grant in the amount of $91,406.25 for the Settlemier Park Skatepark project. BACKGROUND: Last April, a delegatiOn from the City of Woodbum made a presentation to the Oregon Parks and Recreation Department's Oregon Outdoor Recreation Committee in support of a grant application for funding for the Settlemier Park Skate park. In late June, the City received word that the application was ranked second in the State. Oregon Parks and Recreation Department has forwarded the project to the National Park Service who is expected to approve and obligate funds for the project. Once this is complete and the City has forwarded to the State the signed State-Local Agreements, the State will sign the Agreements and retum them to the City with a notice to proceed. The City is currently bidding for a contractor to construct the facility. Staff expects to recommend a contract to the City Council at the first meeting in November. The Recreation and Parks Board has tentatively set a ground breaking ceremony for November 23,2002 at 2:00 p.m. Attachment , 'I ""-~-.-- STATE-LOCAL AGREEMENT LAND AND WATER CONSERVATION FUND This agreement,. made and entered into this day of , 2002 by and between the STATE OF OREGON, by and through its Parks and Recreation Department, hereinafter called "State," and City of Woodburn, a Municipal Corporation of the State of Oregon, by and through its City Council, hereinafter called "Sponsor;" WIT N E SSE T H: WHEREAS, Sponsor proposes to undertake the following outdoor recreation project: Settlemier Park Skatepark, OP 2433, in Marion County, Oregon, hereinafter called the "project" and to that end, proposes to perform work and/or require land as set out and described below: Project includes design and engineering, site preparation, and construction of concrete skatepark. WHEREAS, federal matching funds for acquisition and development of outdoor recreation areas are available under the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), as administered by the Department of the Interior; and WHEREAS, it is the intent of the parties hereto that Sponsor acquire land and/or perform the development work, as set out above in accordance with the Land and Water Conservation Fund Act of 1965, other applicable federal and state statutes, and the requirements of the Department of the Interior; and that State apply to the Department of the Interior for funds with which to reimburse the state for administration costs (2.5% of total project cost), and to reimburse Sponsor for up to 50 percent (50%), less the state administrative charge, of sponsor's costs in acquiring such land and/or performing such work. NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows: 1. The State hereby approves the project proposal and authorizes Sponsor to acquire land and/or perform the work of the project in accordance with the above description. As hereinafter used, "work of the project" shall include both acquisition of land for and development work of the project, and "cost of the project" shall include both costs of acquisition of land for and development work of the project, if such is required. 2. The estimated total cost of the project is $187,500.00. Sponsor shall in the first instance pay all the costs of the project and then request reimbursement upon completion of the project. State shall pay sponsor no more than $91,406.25 for reimbursement and State shall retain no more than $2,343.75 for State administration -1- ~,-"-<--""-+"-"""""-""",-",~",,,,,",,,,---.._,.,,-_... ~ expenses. In no event shall the sum of the payment to Sponsor and the State administration retention exceed fifty percent (50%) of the total actual cost of the project. In the event the actual total cost of the project is less than the estimated total cost set forth above, State's administrative retention shall not exceed 2.5 percent of the total project cost. The Sponsor, for work done at the time of billing, may submit partial payment request. Final payment will be made upon completion of the project and audit by State of Sponsor's records pertaining to the project. The administrative charge shall be reflected on all billings. 3. Upon completion of the project, Sponsor shall be responsible for the operation and maintenance of said facility for public outdoor recreation in the manner and according to the standards set forth in the Department of the Interior Manual. 4. It is understood by the parties hereto that no funds of State are, under this agreement, except as covered by a separate agreement, committed to payment of any costs of the project, and that obligations imposed upon State to apply for federal funds as well as the right of Sponsor to receive any reimbursement for any costs of the project shall extend only to those portions of the project, including the estimated costs thereof, approved by the Department of the Interior. Furthermore, if Sponsor fails to perform any of the work of the project and such failure, because of commitments made by State to the Department of the Interior, forces State to perform any work necessary to bring the project to a useful state of completion (as determined by State and the Department of the Interior), Sponsor shall reimburse State for all State's costs in performing such necessary completion work, less any federal funds received by State for such work. 5. Sponsor hereby agrees to comply at all times with the LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT (the Federal Project Agreement), General Provisions attached hereto marked "Exhibit A" and by this reference made a part hereof, in accordance with paragraph E of part I (Definitions) of Exhibit A. Sponsor hereby undertakes separately to perform its obligations set forth in said Federal Project Agreement. The benefit to be derived from the full compliance by the Sponsor with the terms of this agreement is the preservation, protection, and the net increase in the quantity and quality of public outdoor recreation facilities and resources which are available to the people of the State and of the United States, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money and other assistance furnished under the terms of this agreement, the Sponsor agrees that payment by the Sponsor to the State of an amount equal to the value of any assistance extended under this agreement would be inadequate compensation to State for any breach by the Sponsor of this agreement. The Sponsor further agrees, therefore, that the appropriate remedy for State in the event of a breach by the Sponsor of this agreement shall be the specific performance of the agreement. 6. Sponsor shall complete the work of the project by June 30, 2004. 7. Provisions of State law applicable to this agreement are hereby incorporated. -2- ,..,. . .'"~-t""~---.~ ...~...............-'...,--..~~....~._"""'" 8. Sponsor shall sign this agreement during a duly authorized session of its City Council. 9. Sponsor shall comply with and are subject to the requirements of the Office of Management and Budget Circular A-128, which implement the Single Audit Act of 1984 (P.L. 98-502). Title 49 CFR Part 90. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year first above mentioned. APPROVED AS TO FORM STATE OF OREGON, by and through its Parks and Recreation Department BY Assistant Attorney General Authorized Representative of Oregon Parks and Recreation Department ATTEST: SPONSOR: City of Woodburn Authorized SignaturefTitle by and through its City Council -3- - STAFF REPORT -------------------- __WOODB~D To: FROM: VIA: DATE: SUBJECT: Honorable Mayor and Council ~I, Matt Smith, Management Analyst II .......~ John C. Brown, City Administrator .JVlv For the Council Meeting of October 28, 2002 Consideration of the 2002-2003 Draft Master Fee Schedule Recommendation: It is recommended that the City Council consider the 2002-2003 Draft Master Fee Schedule, and set November 12,2002 as date for adoption. Background: Council adopted the first annual Master Fee Schedule in September 1998, and provided for the annual review and revision of the Schedule within the adopted ordinance. The Schedule was most recently amended in June 2002 to increase certain Planning fees per changes in the fee structure caused by the adoption of the new Woodburn Development Ordinance. Provided for your consideration is a revised draft Master Fee Schedule for 2002-2003. Adoption of the schedule is recommended for your November 12, 2002 meeting to allow for any direction Council may provide at this meeting. Discussion: The criteria for establishing the cost of a municipal service are elaborate. In brief, they include all personnel costs associated with the service (i.e., salaries and benefits), operating expenses, equipment costs, and all applicable indirect costs (e.g., building and equipment maintenance). The Finance Director developed a detailed worksheet to calculate this cost, and that worksheet has been continually refined during the ensuing years. Having determined an actual cost of each service, and the current rate of recovery, the Council may now determine what the rate of recovery should be. Rates for many fees were adjusted in previous years to a 100% recovery rate, while others were set at less than 100% recovery. Full cost recovery is the desirable result of this exercise, but many fees represent charges for activities that the City would like to encourage (e.g., strong recreation programs, protecting the integrity of the water delivery system). By not charging 100% recovery, Council is choosing to subsidize the activity. CnY ADMINISTRATOR'S OFFICE n. 270 MONTGOMERY STREET n. (503)982-5228 1-- T ............"--...~-_.~,~~.---~><-'-'~....".-..<,... In the Master Fee Schedule, staff has identified the current fee (column 2); measured and adjusted the cost of service to reflect inflationary and operational changes, or improvements made to the formula used to determine cost of service based on experience and corrective action (column 3); compared that cost with the current fee (column 4); and recommended what it believes is a reasonable rate of recovery (column 5) with a corresponding proposed new fee (column 6). Estimated costs of service are rounded to the nearest dollar. Recommended fees greater than ten dollars are rounded to the nearest dollar. Fees with a cost recovery greater than 100% reflect either an effort to participate in commercial user's profits by setting fees at a market rate, in the case of multiple fees in the Commercial Facilities Rental and Adult Soccer sections for Recreation and Parks and in the Library, or to discourage payees from writing bad checks, in the case of the NSF Check fee in Finance. Notable Changes: Community Development. Planning Division fees were adjusted in June 2002 to account for changes and additions in the fee structure caused by the adoption of the Woodburn Development Ordinance. The new and revised fees inserted in June were based on the cost of service developed for 2001-2002, the most recent cost of service available at that time. The fees in the 2002-2003 schedule are adjusted incrementally to reflect the current costs of service. The Building Division fees are based on industry-standard fees set by the International One and Two Family Dwelling Code for residential building fees, the Uniform Building Code for commercial structural fees, and on the average fee level of six local jurisdictions of similar size and Marion County for mechanical fees. All Building fees remain unchanged for 2002-2003 to maintain consistency with the standards detailed above. Finance. Finance fees are increased incrementally to reflect current costs of service, and copy fees have a provision added to allow Finance to charge for postage costs, if necessary. Library. One Library fee-the room monitor fee--is increased to reflect the current cost of service. The remaining fees are unchanged, reflecting Library management's intent to remain consistent with other libraries in the CCRLS district. Police. Fees are adjusted incrementally to reflect current costs of service. Public Works. The majority the Public Works fees remain unchanged for STAFF REPORT RE 2002-2003 MASTER FEE SCHEDULE PAGE 2 OF 3 ;..----~~.._,.._~."",....-.~--.,,-~_r--'-.,- 2002-2003, reflecting Public Works efforts to protect the integrity of the water, street. and sewer infrastructure. A small number of fees that are unrelated to system integrity are increased incrementally to account for current costs of service. The Bulk Water rate is also increased to reflect the results of the water rate study completed in April 2001 and implemented by Council in December 2001. Two new fees are added to recover the cost of providing digital data to the public. The data can be repackaged and sold, and the fee is set at a level consistent with the current market rate, as defined by the fees charged by other local jurisdictions for like data sets. Recreation and Parks. The majority of Pool fees remain unchanged for 2002-2003 following notable increases in 2001-2002, reflecting the Department's intent to keep fees at a level that generates the most use. A small number of fees, primarily pool rental fees and non-resident swimming lesson fees which were set at 100% cost recovery last year, are reduced in 2002-2003, reflecting a reduction in the cost of supplies based on experience. The majority of fees for Recreation programs and facilities use rental fees also remain unchanged, reflecting the Department's belief that the fees are set at the appropriate recovery rate. The Softball and the Basketball management fees are increased in 2002-2003 to reflect full cost recovery. A number of fees are added for 2002-2003 based on the incorporation of fees for existing programs into the Schedule, including registration fees for Walt's Fun Run, the Woodburn Open Tennis Tournament, the Youth Tackle Football Program, the Little Tykes Tumbling Program, the sports Pack program, the After-school Club, and summer tennis lessons. Conclusion: The schedule will be formalized per Council direction at this meeting, and the revised version will be brought back to you at the November 12, 2002 meeting for adoption. STAFF REPORT RE 2002-2003 MASTER FEE SCHEDULE PAGE 3 OF 3 ~.....d"",,__,_""'..__4~~'_"'"'+',,~,,_,~_",,~,_,_,_ .. I t THE CITY OF OODBURN 2002-2003 Draft Master Fee Schedule Presented to Council on October 28/ 2002 .' 'N.~_",.....<.--t-._-~_..<"..." ".."..,,,....'w,_._,~'~._~M_. .H",......".._........;,...._"._...._'M_~"_.".."...___._........-_~~~_~ . . Current Cost of Fee as a % Recom'd'I' Recom'd ' . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Umts, etc,) ee ervlce 0 os Recovery ee ~_ ~ ~~ ~ ~v_ v~vv _ ~_ ~_~~ __><v_ ~^ ~~ ~ _~ _~ ~_~_~~____ ",,~_~~0> "" ~ ~~__~ A _ ~ =_ ~~_ __ '^" - -.r ___~VV_~~'" ~~ - -~ v__ - vv N~ ~ ~ v~ ,- -~ ~ v_ ~ ~N - . ,'I". "y, " ,_, "'M' <>"I1i.l' '" I '~\\!y..~... - ./..1,,0', ,,", 0. t ~"'wf. ,'" <i"k };,'%, 'h .,,;'.,," '", . Planning Annexations Zone Map Amendment Comprehensive Plan Amendment Conditional Use Zoning Adjustment Variance Appeal of Land Use Action to City Council Partition (Prelimary Approval) Partition (Final Plat Approval) Lot-Line Adjustments & Consolidation of Lots Subdivision (4 lots or more) -Preliminary Approval -Final Plat Approval P.U.D. (4 lots or more) -Preliminary Plan Approval -Design Plan Final Approval -Final Plan Approval Site Plan Review (based on square footage) -under 1,000 sq. ft. -1,000 sq. ft - 4,999 sq. ft. . -5,000 sq. ft. - 24,999 sq. ft. ............"........__......_..........u...'.........__........ -25,000 sq. ft. - 99,999 sq, ft. -100,000 sq. ft, -199,999 sq. ft. -200,000+sq, ft. Sign Ordinance Compliance Permit -::under30 sq. ft. -30-75 sq. ft. .______..........__.._.___m.......________........ -7?~1!)()sq:ft.. -150+ sq. ft. EXCeIitiOOtOStreet ROW ai1d Il11provemeiilRequirel11eiiis specffiCCoricii!ioriaiUsetOra Histo~callySij nifK:CIl1t Site Formal Interpretation of the WOO Manufactured Dwelling Park -Preliminary Approval -Final Plan Approval Phasing Plan Residential Architectural Standards Substitution SignifICant Wetiands oVerlay District (SWOD) Permit Telecomml.Jl1iCatiOnsFaCility Specific Conditiol1alUse Temporary Outdoor Marketing and Special Event Permit for a Woodburn Development Ordinance Special Use Tree Removal Permit Formal Pre-Application Conference Interpretation of Uses Interpretation of Zoning District Boundaries ~~II~I~Q MECHANICAL(all fees do not include 7% state surcharge) BASE FEE $25 Forced Air > 100,00 BTU $14 Forced Air < 100,00 BTU $27 SuspendedlRecessed WalVFloor Mounted Unit Heater $14 Compressor 3hp /100,000 BTU Boiler $15 Compressor 15hp 1500,000 BTU Boiler $30 Compressor 30hp /1 ,000,000 BTU Boiler $42 Compressor 50hp /1 ,750,000 BTU Boiler $65 Compressor over 50hp /1 ,750,000 BTU Boiler $95 $1,594 $2,249 $2,249 $1,014 $662 $1,121 $1,035 $929 $168 $360 $2,456 $598 $2,071 $900 $451 $611 $1,608 $2,086 $2,958 $6,563 $12,169 $28 $100 $150 $264 $1,121 $1,014 $1,524 $2,242 $532 $1,141 $238 $411 $1,270 $113 $86 $357 $1,746 $1,746 $1 ,697 94% 100% $1,697 $2,341 96% 100% $2,341 $2,341 96% 100% $2,341 $1,071 95% 100% $1,071 $700 95% 100% $700 $1,174 96% 100% $1,174 $1,103 94% 100% $1,103 $969 96% 100% $969 $182 92% 100% $182 $385 93% 100% $385 $2,535 97% 100% $2,535 plus $16 per lot $639 94% 100% $639 $2,149 96% 100% $2,149 plus $25 per lot $940 96% 100% $940 $475 95% 100% $475 $629 97% 100% $629 $1,657 97% 100% $1,657 $2,171 96% 100% $2,171 $3,145 94% 100% $3,145 $6,763 97% 100% $6,763 $12,606 97% 100% $12,606 $31 91% 100% $31 $106 95% 100% $106 $157 96% 100% $157 $273 97% 100% $273 $1,174 96% 100% $1,174 $1,019 99% 100% $1,019 $1,533 99% 100% $1,533 $2,329 96% 100% $2,329 $572 93% 100% $572 $1,148 99% 100% $1,148 $250 95% 100% $250: $420 98% 100% $420 $1,300 98% 100% $1,300 $121 93% 100% $121 $93 93% 100% $93 $382 93% 100% $382 $1,791 97% 100% $1,791 plus Measure 56 notice costs, if applicable $1,843 95% 100% $1,843 plus Measure 56 notice costs, if applicable n/a nfa n/a $25 n/a n/a n/a $14 n/a n/a nfa $27 n/a n/a n/a $14 nfa n/a nfa $15 nfa nfa n/a $30 n/a n/a n/a $42 n/a nfa n/a $65 n/a n/a n/a $95 DRAFT 2002-2003 MAmR FEE SCHEDULE PAGE 1 OF 8 ~.~....-..~""'t"""'.-._........-.-.".."'.-"---..+-'-~.~'-~"~......-.,,~"--,"....._~--.' . . Current Cost of Fee as a % Recom'd~, Recom'd . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Units, etc.) ee ervlce 0 os Recove ee $14 $22 $15 $10 $40 $19 $76 $6 $14 $9 $14 $6 $2 $16 $10 $13 $6 Air Handling Unit to 10.000 CFM Air Handling Unit over 10,000 CFM Evaporative Cooler Domestic Hood Commercial Hood Domestic Incinerator Commercial Incinerator Exhaust Fan & DucUDryer Vent Wood Stove, Gas Decorative Appliance Appliance Vent Not Included in Appliance Repair/Alteration/Addition of Heating or Cooling Gas Line 1-4 Outlets Additional Gas Outlets Gas - Line Without Appliance Fire Damper or Water Heater Regulated but Unclassified Equipment Smoke DetectorlShut Down RESIDENTIAL(all fees do not include 7% state surcharge) Total Valuation" -$1.00 to $500.00 $13,00 -$501.00 to $2.000.00 $13.00 -$2,001,00 to $25,000.00 $42.25 -$25,001.00 to $50,000.00 $221.65 -$50,001.00 to $100,000.00 $367.90 -$100,000 and up $562.90 COMMERCIAL(all fees do not include 7% statesurcharge) Total Valuation" -$1.00 to $500.00 -$501.00 to $2.000.00 ..............----.........--.......--......"."-.,. -$2,001.00 to $25.000.00 -$25,001,00 to $50,000.00 -$50,001,00 to $100,000.00 -$100,000 and up OTHER Inspections Outside Normal Hours Re-Inspections for which no fee specifically indicated Inspections for which no fee specifically indicated Plan Review (Mechanical) $10.00 $10,00 $32,50 $170.50 $283,00 $433.00 Plan Review (Structural) $48 $48 $48 25% of mechanical permit 65% of structural permit 25% of structural permit $48 Plan Review (Fire. Life Safety) Additional Plan Review Investigations Fee $48 Copy Fees (documents) $0.05 Copy Fees (tapes) $3.00 Public Dance Permits $129 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a nfa nfa nfa nfa nfa nfa n/a n/a n/a n/a n/a n/a n/a n/a n/a nfa n/a nfa nfa nfa nfa nfa nfa nfa nfa nfa nfa nfa n/a nfa n/a nfa nfa nfa nfa nfa nfa nfa nfa nfa n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a nfa nfa nfa nfa nfa nfa nfa $13,00 $13.00 $42,25 100% 96% 100% 100% $14 $22 $15 $10 $40 $19 $76 $6 $14 $9 $14 $6 $2 $16 $10 $13 $6 for the first $500, plus $1.95 for each additional $100.00 or fraction thereof, to and including $2.000 for the first $2,000, plus $7.80 for each additional $1,000.00 or fraction thereof, to and including $25,000 $221.65 for !he first $25,000, plus $5.85 for each additional $1.000.00 or . fraction thereof. to and including $50,000 $367,90 for !he first $50,000, plus $3.90 for each additional $1,000.00 or . fraction !hereof. to and including $100,000 $562,90 for !he first $100,000. plus $3.25 for each additional $1000.00 or fraction thereof nfa nfa nla nfa nfa nfa $10,00 $1 b.ad for theflrSl$500. plus $1.50 lOr ElaCh additiorlCII$100.00 or tiliCiiOrl ; thereof.to and including $2,000 .... ........ . .... $32.5lJ for the first $2.000, plus $6.00 for each additiorlal$1.000.00 ()i . fraction !hereof, to .lIld including $25,000 $170.50 for !he first $25,000. plus $4.50 for each additional $1.000.00 or . fraction thereof, to lIld including $50,000 $283.00 for the first $50,000, plus $3.00 for each additional $1,000.00 or fraction thereof, toand including $100.000 $433,00 for !he first $100,000. plus $2.50 for each additional $1000.00 or fraction thereof $48 100% 100% $48 $48 100% 100% $48 $48 100% 100% $48 n/a n/a n/a 25% of mechanical permit nfa nfa nfa 65% of structural permit n/a nfa nfa 25%01 structural permit $48 100% 100% $48 $48 100% 100% $48 $0,05 100% 100% $0.05 DRAFT 2002.2003 MAsTER FEE SCHEDULE PAGE 2 OF 8 $3,00 $135 charged per hour each charged per hour required by changes, additions, or revisions to approve plans. charged per hour $3.00 fee charged per page side (plus a research fee of $311hour, charged to !he nearest 1/4 hour only for complex duplicative requests requiring over 1/4 hour of research). additional charges may be added for postage and hllldling, if necessary. fee charged per tape (plus a research fee of $31/hour, charged to !he nearest 1/4 hour only for complex duplicative requests requiring over 1/4 hour of research). additional charges may be added for postage and handling. if necessary. fee charged per dance, $300 per year (fee applies only to groups charging admission) _.~."~, ~..-~"~~,..~,-,.~~""'-"'"'~'t..-..---~_._....,....._-_.~~."",~,.~..~.~..._..~~~,""","'~-=;",~.._.~" $135 . . Current Cost of Fee as a % Recom'd ~o Recom'd . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Umts, etc.) ee ervlce 0 os Recove ee lien Search Fees (per request) Lien Filing Fees (per request) NSF Check Fee -first and second time -remainder -avoidance payment Copy of the Budget Liquor Licence -new (all types) --change in ownership --change in location --change in privilege -renewal (all types) -temporaryfspecial event liquor licence Sound Amplification Permit Solicitor's License -new -renewal $23 $33 $24 $33 98% 98% 100% 100% $24 $33 $20 $6 327% 327% $20 $25 $6 409% 409% $25 $10 $6 164% 164% $10 payment made 10 avoid water shut-off (in addition to check lee) $0 $25 0% 0% $0 $100 nfa nfa nfa $100 plus noticing costs in the event of a denial $75 nfa n/a nfa $75 plus noticing costs in the event of a denial $75 nfa nfa nfa $75 plus noticing costs in the event of a denial $75 n/a n/a nfa $75 plus noticing costs in the event of a denial $35 nfa n/a nfa $35 plus noticing costs in the event of a denial $35 nfa nfa nfa $35 plus noticing costs in the event of a denial $25 $26 95% 100% $26 $88 $91 97% 100% $91 $32 $32 98% 100% $32 $0.10 $0.56 18% 18% $0,10 charged per day (all items, including videos) $1.00 $1.18 85% 85% $1,00 per card (fee established by CCRLS) return post + $67 4% 4% return post + fees average $3 lending lending charges charges list price 30% Iistpri~ or default price (fees average $20) $0,05 100% $0.05 charged per page $16 119% $16 charged per hour (fee for groups charging admission only) $21 125% $21 charged per hour (fee for groups charging admission only) $16 100% $17 charged per hour for room use after business hours in addition to the room use lee (fee for groups charging admission only) $75 $75 for non-residents outside the CCRLS system boundaries $60 $60 . for flofl~residefliSirisi<lEliheCCRt.S systemllOufldarles Fines for Overdue Library Materials Key Ring Cards and Replacement Cards Charge for Interlibrary loan (Ills) lost Books and Materials Printing, Computer Carnegie Room Use Multi-Purpose Room Use Room Use Monitor Fee fee charged for average research time (includes first two pages,$1.00 each additional page) Records Computer Scans $15 $15 97% 100% $1 fee charged for average research time (includes first ; record, $1.00eachadditionalrecord) Archived Records Retrieval $44 $46 95% 100% $46 fee charged per hour with a minimum fee of $10, in addition to the report fee (plus $1,00 per record) Statutory Vehicle Impoundment $150 $204 74% 74% $150 Fingerprinting (for the School District) $22 $23 95% 100% $2s fee charged per person Police Investigations $57 $60 95% 100% $60 fee charged per hour Nuisance Abatement Fees -first hour $132 $137 97% 100% $137 first hour of nuisance abatement -each additional hour or fraction thereof contractor contractor 100% 100% contractor costs costs costs Vegetation Abatement Fees -first hour -each additional hour or fraction thereof ., _.. " J.~.~.' ,;~lj~ft$J\'l~H;b .", ',' :.' $132 $40 $137 $40 97% 100% 100% 100% $137 first hour of obnoxious vegetation abatement $40 Construction Permit for Work In the Public Right of Way (Ordinance #1795)-Cost of Improvement: -under $5,000 5% of cost nfa nfa nfa 5% of cost 5% of cost but not less than $10 -$5,000 _ $25,000 $250 nfa nfa nla $250 plus 4% over $5,000 -$25,000 _ $100,000 $1,000 nfa nfa nfa $1,000 plus 3% over $25,000 ~ver $100,000 $3,000 nfa nfa nfa $3,000 plus 2% over $100,000 Weep Holes -first $30 $79 38% 38% $30 -each additional $15 $20 76% 76% $15 Sewer Tap $100 $129 77% 77% $100 Water Service Installation Charges (Ordinan~ #1866) DRAFT 2002-2003 MAsTER FEE SCHEDULE PACE 3 OF 8 " '~'''-'''''''"''''--r---''"'''~"- t T</ . . Current Cost of Fee as a % Recom'd % Recom'd . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Units, etc.) ee ervlce 0 os Recove ee $225 $325 $1,075 $1,225 cost del. by City Charge for Leak Adjustment Service $20 Reconnect for Non-PaymenUService (Ordinance #1965) Restored: -full payment during bus. hrs $20 -3/4' hne and 5f8' meter -1' line and meter -1-112. line and meter -2' line and meter -3. and larger line and meter -full payment after bus. hrs (ADD) -full payment on holidays, weekends (ADD) -turn onfoff $50 $50 $20 $35 $1.50 $1.00 Curb Cuts Approaches T&E Color Plots/Black & White Copies --color prints (per squre foot) -black &white copies (per square foot) Digital Data -AutoCad maps -GIS maps Roll Stock 24'x~6'(Aerials,\'Vard Maps, 1'=800' City Maps) Construction Standard Specifications Benchmark Monument MapfReference Design Standards (in draft) Monthly Water Service Related Charges Deposit Application (Ordinance #1965) new fee new fee $0.25 $10 $40 $5 $20 $234 $341 $1,105 $1 ,256 nfa 96% 95% 97% 98% n/a 96% 95% 97% 98% n/a $225 $325 $1,075 $1,225 cost del. by costs based on actual cost of installation for labor and materials, plus City 15% of said cost for administrative and overhead expense $20 deducted from total credit of leak adjustment (Ordinance #1866) $20 when bill has been paid in full PLUS when paid between 8 am and 4 pm $50 after business hours are payments between 4 pm and 8am $50 $20 for other reasons other than non-payment (excludes emergency such as waterline or equipment breakage) $35 fee for two (2) cuts $1.50 fee charged per foot $1.00 fee charged per $1,000 of valuation on building permit $5 $2 $50 charged per megabyte, rounded to nearest 112MB $50 charged per shapefile or layer from coverage $0.25 fee charged per square foot $10 $40 $5 $20 fee and cost of service estimated $40 deposit amount not less than or an amount equal to estimated 3 month bill, at the discretion of the city Other DeP()sit.A.Olount -1' $40 nfa nfa nfa $40 -1-112' $45 nfa nfa nfa $45 ~ ~ ~ ~ ~ ~ -3' $170 n/a nfa nfa $170 -4' $275 n/a n/a nfa $275 -Q' $540 nfa n/a nfa $540 -8' $600 n/a n/a n/a $600 Bulk Water Rate (Ordinance #1866) $20 $30 67% 100% $30 plus $1.25 per 100 cubic feet Meter Error (when customer requests the city to test the meter serving individual's premise [Ordinance #11866]) -5/8' - 3f4' $20 $97 21% 21% $20 -1' $30 $117 26% 26% $30 -1-112' $65 $117 56% 56% $65 -2' $100 $187 54% 54% $100 -3' $130 $187 70% 70% $130 -4' $150 $347 43% 43% $150 -Q' $165 $347 48% 48% $165 -8' $175 $347 50% 50% $175 Outside City Limits Surcharge for Water Charges 1.5 factor nfa nfa nfa 1.5 factor surcharge factor is 1.5 for all rates & charges for services (Ordinance #1965) surcharge surcharge outside city Hardship Relief (Ordinance #1965) 40% 40% 40% by submitting proof of $10,000 or less yearly income Hydrant Relocation varies varies fee determined by the Water Division Street Vacation Ruest $560 $569 fee only charged to persons other than the City Council $5 $2 $25 79% 79% $22 90% 90% $67 75% 75% $67 75% 75% $22 90% 90% $40 88% 88% $1.50 100% 100% $1.00 100% 100% $5 100% 100% $2 100% 100% n/a nfa nfa n/a nfa nfa $0.25 100% 100% $13 76% 76% nfa n/a n/a n/a nfa n/a n/a nfa n/a nfa nfa n/a AquatlcCent~Re$ldel'lt.Fee$ Daily Admissions --child (0-3 with paid adult) -youth (4-18) -adult (19 and up) $0 $1.50 $2.50 ,-- ~"-_.--^'~-~"~---~_._.~-_._."----._----~-'''."~ $40 $4 $7 $5 0% 23% 46% DRAFT 2002-2003 MAsTER FEE SCHEDULE PAGE. OF 8 0% 23% 46% $0 $1.50 $2.50 . . Current Cost of Fee as a % Recom'd', Recom'd . . . Regulation, Product, or Service F S' f C sl Cost F Notes (Additional Fees, Units, etc.) ee ervlce 0 0 Recove ee -honored citizens (seniors and disabled) Punch Cards -child (0-3 with paid adult) -youth (4-18) -adult (19 and up) -honored citizens (seniors and disabled) Memberships (3 months) -individual (4 and up) --couple -family Memberships (annual) -individual (4 and up) -couple -family Pool Rentals -1-50 swimmers/hour -51-100 swimmers/hour -101-150 swimmers/hour -151-200 swimmerslhour Lifeguard Training WSI Jr. Lifeguard Training Swimming Lessons Adult Swimming Lessons Private Swimming Lessons ~~mi;P.d~~J~.S~irllmi.n.Q..Less8~s ~9;~~S;.Q~~~~r,[~p.~.,~~~i#ent..~~~s Daily Admissions -child (0-3 with paid adult) ................"",............ -youth (4-18) -adult (19 and up) -honored citizens (seniors and disabled) Punch Cards -child (0-3 with paid adult) -youth (4-18) -adult (19 and up) -honored citizens (seniors and disabled) Memberships (3 months) -individual (4 and up) --couple -family Memberships (annual) -individual (4 and up) --couple -family Pool Rentals -1-50 swimmerslhour -51-100 swimmerslhour -101-150 swimmerslhour -151-200 swimmers/hour Lifeguard Training WSI Jr. Lifeguard Training Swimming Lessons Adult Swimming Lessons Private Swimming Lessons Semi-Private Swimming Lessons $2.00 $6 33% 33% $2.00 $0 $44 0% 0% $0 $14 $66 20% 20% $14 $23 $55 41% 41% $23 $18 $60 30% 30% $18 $38 $50 77% 77% $38 $60 $99 61% 61% $60 $75 $148 51% 51% $75 $130 $198 66% 66% $130 $210 $396 53% 53% $210 $260 $593 44% 44% $260 $90 $88 103% 100% $88 $113 $110 103% 100% $110 $158 $154 103% 100% $154 $203 $198 103% 100% $198 $120 $139 86% 86% $120 including books-36 hours $100 $212 47% 47% $100 including books-40 hours $35 $113 31% 31% $35 24 hours $25 $29 85% 85% $25 session-8 lessons in 4 weeks $28 $29 96% 96% $28 15+-session-8 lessons in 4 weeks $75 $88 85% 85% $75 minimum lessons-per 30 minutes $72 $82 88% 88% $72 minimum 4 lessons-per 30 minutes. 2 persons similar age and ability $0 $4 0% 0% $0 $2.00 $7 30% 30% $2.00 $3.00 $5 55% 55% $3.00 $2.50 $6 41% 41% $2.50 $0 $44 0% 0% $0 $18 $66 27% 27% $18 $27 $55 49% 49% $27 $23 $60 37% 37%. $23 $50 $50 100% 100% $50 $80 $99 81% 81% $80 $100 $148 67% 67% $100 $170 $198 86% 86% $170 $280 $396 71% 71% $280 $350 $593 59% 59% $350 $90 $88 103% 100% $8& $113 $110 103% 100% $110 $158 $154 103% 100% $154 $203 $198 103% 100% $198 $136 $139 98% 98% $136 including books-36 hours $125 $212 59% 52% $110 including books-40 hours $45 $113 40% 40% $45 24 hours $30 $29 102% 100% $29 session-8 lessons in 4 weeks $30 $29 103% 100% $29 15+-session-8 lessons in 4 weeks $90 $88 103% 100% $88 minimum 4 lessons-per 30 minutes $84 $82 103% 100% $84 minimum 4 lessons-per 30 minutes, 2 persons similar DRAFT 2002-2008 MAsTER FIlIl SCHIlDULIl PA-GIl 5 Of 8 . . Current Cost of Fee as a % Recom'd '" Recom'd . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Units, etc.) ee ervlce 0 os Recovc ee Recreation Programs (Resident and Non-Resident) Dances Special Trips Dance Instruction Classes -per cI ass --four c1asses/session -five c1asses/session Production Dance & Performance Summer Dance Camp --one session --one session (if enrolled in day camp) -two sessions Open Gym -adult (per 1 Yz hr visit) -adult (151 Yz hr visit punch card) -youth (1 hr visit) Youth Soccer or Basketball -one player per family -two players per family -three players per family -four players per family Adult Softball Management Fee Adult Basketball Management Fee Summer Day Camp -per week -all 8 weeks Extended Camp Hours (per week) Extended Camp Hours (all 8 weeks) Walt's. Fun Run Registration -individual -aQ~ . and under -family Woodburn Open Tennis Tournament Reg -adult singles -adult doubles -youth singles (ages 10-17) -youth doubles (ages 10-17) Youth Tackle Football Program Youth Summer Sports Camp Summer Tennis Lessons (per session) Sports Pack Program (soccer & basketball) --one player -each additional player Afterschool Club (annual registration) Little Tykes Tumbling Program f~~lj~R~~ijl~j~ic Woodburn Community Center {all fees per hour} -auditoriumlfireside room -auditoriumlfireside room wlfood and beverages -kitchen (w/room rental) -kitchen (alone) -entire building Deposit (per rental) Facility Monitors (building staff) Park Facilities (per day) -Legion Park Picnic $3 varies $18 $34 $50 $66 $110 $1,258 $40 $290 $12 $84 $3 varies $6 $24 $30 $40 $6 $24 $30 $45 100% n/a 100% 100% 100% 89% 56% 33% 44% $1 $17 $1 100% 88% 0% 100% n/a 100% 100% 100% 89% 56% 33% 44% 100% 88% 0% 75% 71% 69% 68% 100% 100% 59% 63% 67% 68% 94% 63% 83% 100% 80% 60% 60% n/a 91% n/a 73% 67% 29% 60% 40% 35% 40% 60% 81% n/a 100% 38% age and ability $3 per event varies per event $6 $24 $30 $40 per session-12 weeks, 1 hr. classes $50 $30 $80 $1 $15 $0 $18 $34 $50 $66 $122 per team $1 ,481 per season $40 $290 $12 $84 $8 $5 $2Q $10 $16 $6 $12 $60 $60 $30 $35 $32 $30 $25 per session-7 weeks $10 $15 $10 $15 $35 $5Q $10 38% $15 $50 $30 $80 $90 $90 $180 75% 71% 69% 68% 90% 85% 59% 63% 67% 68% $8 $8 $24 94% 63% 83% D1V.PT 200202008 M;.sTE1I. FEE SCHIIDULl!. PAGE 6 OF 8 $1 $15 $0 $24 $48 $72 $97 $122 $1,481 $67 $463 $18 $123 $8 $5 $20 $10 $16 $6 $12 $60 $60 $30 $35 $32 $30 $25 $48 $48 $102 $42 $10 $15 $10 $15 $35 $50 $10 $15 $10 $20 $10 $20 n/a $66 n/a 100% 80% 60% 60% n/a 91% n/a 73% 67% 29% 60% $25 $43 $25 $25 $43 n/a $10 40% 35% 40% 60% 81% n/a 100% $39 . ' Current Cost of Fee as a % Recom'd"" Recom'd ' . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Units, etc.) ee ervlce 0 os Recove ee -Seltlemler Park PICniC -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park Athletic Fields (per hour) -Settlemier Park (softball/baseball) -Legion Park (softball/baseball) --Settlemier Park (youth soccer) --Legion Park (adult soccer) --Centennial Park (youth soccer) --Centennial Park (adu It soccer) --Centennial Park (softball/baseball) Field Prep (all fees per game) -softball/baseball -soccer Athletic Field Lighting Deposits (per youth rental) Deposits (per adult rental) ~!8IiW~~~~!!t~rivate J Woodburn Community Center (all fees per h04r) -auditoriumlfireside room . -:auditoriumlfireside room w/food and beverages -kitchen (w/room rental) . ---........---.......-----........ -kitchen (alone) --entire building Deposit (per rental) Facility Monitors (building staff) City Hall Council Chambers (all fees per hour) --chambers room --chambers room w/food and beverages -kitchen (w/room rental) -kitchen (alone) Deposit (per rental) Facility Monitors (building staff) Park Facilities (per day) -Legion Park Picnic -Settlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park Athletic Fields (per hour) -8ettlemier Park (softball/baseball) -Legion Park (softballlbaseball) -8ettlemier Park (youth soccer) -Legion Park (adult soccer) -Centennial Park (youth soccer) -Centennial Park (adult soccer) -Centennial Park (softball/baseball) Field Prep (all fees per game) -softballlbaseball -soccer Athletic Field Lighting Deposits (per youth rental) Deposits (per adult rental) ~.c!I!W..~~n~I~:9~l11lll~rclal Woodbum Community Center (all fees per hour) -auditorium/fireside room $15 $8 $8 $150 $39 $39 $39 $150 38% 21% 21% 100% 38% 21% 21% 100% $15 $8 $8 $150 $5 $18 28% 28% $5 $5 $18 28% 28% $5 $5 $18 28% 28% $5 $17 $18 94% 94% $17 $5 $18 28% 28% $5 $17 $18 94% 94% $17 $5 $18 28% 28% $5 $35 $37 95% 95% $35 chalking, dragging, setting bases $35 $37 95% 95% $35 chalking/marking $15 $20 75% 75% $15 all fees per hour-Settlemier & Legion Parks $25 n/a n/a n/a $25 $50 n/a n/a n/a $50 $20 $25 80% 80% $20 $25 $43 58% 58% $25 $15 $25 60% 60% $15 $20 $25 80% 80% $20 $35 $43 81% 81% $35 $50 n/a n/a n/a $50 $10 $10 100% 100% $10 $20 $25 80% 80% $20 $25 $43 58% 58% $25 $15 $25 60% 60% $15 $20 $25 80% 80% $20 $50 n/a n/a n/a $50 $10 $10 100% 100% $10 $30 $39 77% 77% $30 $30 $39 77% 77% $30 $8 $39 21% 21% $8 $30 $39 77% 77% $30 $150 $150 100% 100% $150 non-exclusive use $5 $18 28% 28% $5 $5 $18 28% 28% $5 $5 $18 28% 28% $5 $17 $18 94% 94% $17 $7 $18 39% 39% $7 $17 $18 94% 94% $17 $7 $18 39% 39% $7 $35 $37 95% 95% $35 chalking, dragging, setting bases $35 $37 95% 95% $35 chalking $15 $20 75% 75% $15 all fees per hour-Settlemier & Legion Parks $25 n/a n/a n/a $25 $50 n/a n/a n/a $50 $36 $25 144% 144% $36 DRAFT 2002-2008 MAsnIl. FEE SCHIlDUUl PAGE 7 OF 8 , . Current Cost of Fee as a % Recom'd~, Recom'd . . . Regulation, Product, or Service F S' f C t Cost F Notes (AdditIOnal Fees, Units, etc.) ee ervlce 0 os Recove ee -audltonumlfireslde room wlfood and beverages -kitchen (w/room rental) -kitchen (alone) --entire building Deposit (per rental) Facility Monitors (building staff) City Hall Council Chambers (all fees per hour) -chambers room -chambers room wffood and beverages -kitchen (w/room rental) -kitchen (alone) Deposit (per rental) Facility Monitors (building staff) Park Facilities (per day) -Legion Park Picnic -Settlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic Athletic Fields (per hour) -Settlemier Park (softball/baseball) -Legion Park (softball/baseball) -Settlemier Park (youth soccer) -Legion Park (adult soccer) -Centennial Park (youth soccer) -Centennial Park (adult soccer) -Centennial Park (softball/baseball) Field Prep (all fees per game) -softballlbaseball -soccer Athletic Field Lighting Deposits (per youth rental) Deposits (per adult rental) Other . Special Event Permit (one day) PLUS Additional Days OR Per Event Per Attraction Fee $50 $25 $27 $45 $50 $10 $43 $25 $25 $43 n/a $10 116% 100% 108% 105% n/a 100% 116% 100% 108% 105% n/a 100% $50 $25 $27 $45 $50 $10 $36 $25 144% 144% $36 $50 $43 116% 116% $50 $25 $25 100% 100% $25 $27 $25 108% 108% $27 $50 n/a n/a n/a $50 $10 $10 100% 100% $10 $50 $39 128% 128% $50 $50 $39 128% 128% $50 $37 $39 95% 95% $37 $37 $39 95% 95% $37 $10 $18 56% 56% $10 $10 $18 56% 56% $10 $10 $18 56% 56% $10 $25 $18 139% 139% $25 $10 $18 56% 56% $10 $25 $18 139% 139% $25 $10 $18 56% 56% $10 $35 $37 95% 95% $35 chalking, dragging, setting bases $35 $37 95% 95% $35 chalking $20 $20 100% 100% $20 all fees per hour-Settlemier & Legion Parks $25 n/a n/a n/a $25 $50 n/a n/a n/a $50 $1,275 $1,275 100% 100% $1,275 $400 $400 100% 100% $400 $50 $50 100% 100% $50 whichever is greater DRAFT 2002-2003 MAsTER FEE SCHEDULE PAGE 8 OF 8 lOE October 28,2002 TO: FROM: SUBJECT: HonQrable Mayor and City Council$' JohnC. Brown, City Administrator Libr~ry Director Employment Agreement Recommendation:: It is recommended the City Council approve and authorize the City Administrator to execute an employment agreement with the Library Director, effective November I, 2002. Background: In 1998, the City Cpuncil resolved that managers would reach the "E" step of their compensatioIjl ranges through merit-based evaluations. The resolution deferred "E" step ilncreases until anniversary dates following January 1, 2001. I was tasked in 200d-Ol with establishing a pay-for-performance compensation program for senio.. level managers. I found such programs had limited success in motivating employees in other jurisdictions, and that Woodburn's management staff did not agree on how or whether they would be motivated by components of such a program. Rather than attempt to apply a program with limited likelihood of success, the Council approved a merit-based approach that relied on employment contracts with those senior level managers willing to accept such an agreement. In June of 2000, only the City Administrator, City Attorney, and Police Chief were employed pursuant to contracts. Since then, the list has expanded to include the Community Development Director, Public Works Director, City Recorder, and Deputy Chief of Police. Discussion: Current policy is to fill senior level positions pursuant to employment contracts. Contract employees will be hired" at-will". This provides incentive for strong performance and streamlines the discipline required when performance is lacking. These agreements specify terms of the employee's working relationship with the city, benefits to be extended, and restrictions placed on the employee by such employment. Positions currently under contract serve at will. They can be released at any time, with or without cause. Severance provisions provide these employees financial protection for terminations without cause, and the City an incentive to avoid hasty disciplinary decisions if "cause" to terminate does not exist. Were a senior-level vacancy to occur, classification requirements for the position would be evaluated and revised based on the City's needs. Salary and Honorable Mayor a~d City Council October 28, 2002 ! Page 2. benefits would also be evaluated and might be re-structured to increase the chances of attracting qualified candidates. Ultimately, a contract would be negotiated with a successful candidate, to provide specific incentives and terms needed to reach mutual agreement. When offering cOI1tracts to existing managers, I examine position requirements and comparative ~alaries in other jurisdictions for jobs with similar requirements. That information ~orms the basis for establishing compensation. This approach focuses attention on what would be needed to attract a field of qualified candidates, not th~ attributes of a particular manager. The attributes of the particular manag~, including longevity, past contributions, and performance record are also taWen into account. I recognize those attributes in benefits outside salary compensation. Benefits do not automatically transfer to subsequent incumbents in the.position, and are subject to negotiation. The most recent contract to be negotiated is with the Library Director, a copy of which is attached for your information and approval. This contract follows the same format as those previously mentioned. It is for a three-year term, and guarantees the conditions of employment for that period, not the continuous employment of the individual. Employees will serve" at will", and can be terminated at any time, with or without cause. Severance will be paid to the employee if they are terminated without cause. Justification for cause is specified in the agreement. The employee is free to resign or retire during the contract period, with 45 days advance notice. The Library Director's compensation is established at $5,407 per month, which represents an 11.4 percent increase over the present salary level. This includes a 1.3 percent COLA adjustment granted to all management staff in October 2002, and brings the Director's salary closer to an average mid-point of the range of salaries paid in comparable jurisdictions. In addition to this compensation, the agreement obligates the City to pay Ms. Sprauer's share of contributions to PERS. Together these items increase the gross value of Ms. Sprauer's compensation by approximately 17 percent, and reflect the responsibility of managing a library with the circulation, diversity of collection, hours of operation, and number of employees such as Woodburn's. This level of compensation also recognizes her longevity with and past contributions to the City. Annually, Ms. Sprauer's salary may be adjusted by the City Administrator, based on successful completion of goals agreed upon by her and the City Administrator. Honorable Mayor and City Council October 28, 2002 i Page 3. As with other senior managers under contract, Ms. Sprauer will accrue 10 days per year of Executive leave, and will not accrue compensatory time off for overtime hours. Other major provisions of the agreement allow four months severance if she is terminated without cause, paid memberships in professional organizations, the use of a city vehicle or reimbursement at the IRS rate for travel in her personal vehicle on city business, and a total of five additional days of vacation leave during the life of this contract, beyond the accruals provided to employees with 25 years or more of longevity. The agreement adequately compensates Ms. Sprauer for the responsibilities she will execute during its term, sets into place a mechanism for recognizing superior performance in the future, and establishes a competitive salary for future recruitment of a Library Director. For these reasons, your approval of an employment agreement, and authorization for execution by the City Administrator, is respectfully recommended. JCB Employment Agreement for Library Director Services THIS AGREEMENT is made and entered into this 29th day of October 2002, by and between the City of Woodburn, an Oregon municipal corporation, hereinafter referred to as "Cityll, and LindCll Sprauer, hereinafter referred to as "Sprauer", both of whom understand and agree as follows: RECIT ALS Whereas, City desires to clarify the nature of its employment relationship with Linda Sprauer, to provide certain benefits, set working conditions, and provide inducement for her to continue employment as Library Director of the City of Woodburn; and Whereas, Sprauer de$ires to enter into an employment agreement in order continue her employment as Library Director of the City of Woodburn, to provide for some security, and to provide for certain definite benefits; and Whereas, The City Administrator has authority to execute this agreement for the City. Now, therefore, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Duties. City hereby agrees to employ Linda Sprauer as the Library Director of the City of Woodburn to perform on a continuing basis the functions and duties which are generally described in the Municipal Ordinances and the Library Director's job description, and to perform other legally permissible and proper duties and functions as the City Administrator shall assign. 2. Hours of Work. Sprauer shall devote her full work time to the duties and responsibilities of her position, and any additional work time reasonably required to discharge the duties and functions as assigned. Sprauer may not be engaged in other employment during time off without the specific written authorization of the City Administrator. 3. Term. The term of this Agreement shall be for three (3) years commencing on November 1,2002, and ending October 31, 2005 at 5:00 PM ("Services Period"). The term of this Agreement may be extended by written consent of the parties for a period mutually acceptable to both parties. (Continuing Service Period). If Page 1 - Employment Agreement the parties decide to extend this Agreement, negotiations shall commence by August 1, 2005. 4. At-Will Employment. Both Parties acknowledge and agree that Sprauer is considered to be an at-will employee who may be terminated by the City with or without cause, pursuant to the terms of this agreement. 5. Termination. :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 Sprauer at any time prior to the expiration of the Services Period, or Continuing Services Period. 6. Termination {cpr Cause. If Sprauer 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, "causell is defined as follows: A. Indictment for an illegal act. If such indictment does not ultimately result in conviction, then Sprauer shall receive severance pay. If the indictment does ultimately result in a conviction, Sprauer shall not receive severance pay; or B. Abandonm,ent by Sprauer of her position as Library Director; or C. Determination by City that Sprauer is guilty of fraud, dishonesty or any other act of misconduct in performance of Sprauer'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. 7. Resignation. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Sprauer to resign at any time from this position with City subject to the provisions of the Agreement. In the event Sprauer voluntarily resigns this position before the expiration of the aforesaid term of employment, Sprauer shall give City a minimum of thirty (30) days written notice, unless the parties agree otherwise. 8. Severance Pay. If City elects to terminate this Agreement within Service Period, City will pay Sprauer a lump sum severance pay equaling four (4) months of base salary. Severance shall be paid within thirty (30) days of the date of termination. Page 2 - Employment Agreement 9. Compensation. Effective November I, 2002, City agrees to pay Sprauer a base salary of $5,407 per month, for services rendered. Such salary shall be payable in installments at the same time as the regular employees of City are paid. Annually, and based upon a performance evaluation by the City Administrator, an increase in s~lary will be negotiated. 10. PERS Payment~ City shall pay One Hundred Percent (100%) of Sprauer's retirement benefit paid to tpe Oregon Public Retirement System (PERS)(i.e., both the "employee" and employer" portions) on Sprauer's behalf, as long as she is employed by City. 11. Use of Automqbile. Sprauer may have use of a City-owned vehicle to conduct city business when such a vehicle is available. When such a vehicle is not available, causiing Sprauer to use her privately owned vehicle, or where Sprauer elects to use her privately owned vehicle, she shall be reimbursed by City for actual business travel at the maximum amount per mile allowed by the Internal Revenue Service. 12. Executive Leave. In lieu and in place of compensatory time off applicable to other employees, Sprauer shall accrue ten (10) executive leave days per year. 13. Vacation Leave. For the term of this agreement, Sprauer shall accrue 25 days of vacation leave per year. In addition, and upon the effective date of this agreement, a one-time allotment of five days of vacation leave shall be added to Sprauer's accumulated vacation leave bank. 14. Other Benefits. Sprauer shall receive the same benefits, cost of living increases, hours, leave accruals, and other terms and conditions of employment as other permanent management employees of the City. Sprauer shall be allowed to participate in City's deferred compensation program and City shall match up to 2 percent of Sprauer's base pay into said program. 15. Performance Evaluation. The City Administrator shall evaluate Sprauer's performance at least once annually. The evaluation shall be in accordance with specific criteria developed the City Administrator and with goals and performance objectives developed jointly by the City Administrator and Sprauer. The City Administrator shall provide Sprauer with a summary written statement of the findings of the evaluation process and adequate opportunity for Sprauer to discuss the evaluation with the City Administrator. Page 3 - Employment Agreement 16. Professional Development. City agrees to pay for professional fees, dues and subscriptions on behalf of Sprauer that are reasonably necessary to the participation ~ organizations necessary and desirable for continued professional growth and advancement. Subject to available funds and City Council appropriation, City agrees to pay the travel and subsistence expenses of Sprauer for official travel, meetings and occasions reasonably adequate to continue the professional development of Sprauer, and to reasonably pursue necessary official functions for the City. Subject to available funds and City Council appropriation, City agrees to pay travel and subsistence expenses for travel to and attendance at Conferences, short courses, institutes and seminars that are necessary for professional development. Sprauer shall maintain throughout the life of this Agreement valid memberships in the American Library Association, including the Public Library Association (a division of the American Library Association), and the Oregon Library Association. City shall pay for these memberships. 17. Liability. City agrees to indemnify, hold harmless and defend at its expense Sprauer from any and all claims, actions, losses, damages, charges, expenses or attorney's fees to which Sprauer may be subject to arising out of, or resulting from, the performance of her official duties hereunder, excepting from criminal acts or gross negligence. Notwithstanding the foregoing, City's obligation under this Section shall not apply to any punitive or exemplary damages that may be awarded by a Court against Sprauer. 18. Other Terms and Conditions A. City may from time to time fix other terms and conditions relating to Sprauer's performance hereunder, provided such terms and conditions are not inconsistent or in conflict with the provisions of this Agreement. B. Sprauer shall perform her duties in accordance with all the laws, ordinances, rules and regulations applicable to her 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 Page 4 - Employment Agreement of the parties solely and not for the benefit of any other person, persons or legal entities. D. Sprauer acl~nowledges that she 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 representat~ons, warranties or guarantees, expressed or implied, other than expressed representations, warranties and guarantees contained in this Agreement 19. Notice. Any written notice hereunder shall become effective as of the date of mailing by reg~stered or certified mail, and shall be deemed sufficiently given if sent to the addlresses 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 effecti-tre 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 John C. Brown, City Administrator 270 Montgomery Street Woodburn, OR 97071 Linda Sprauer, Library Director 245 Marshall Street Woodburn, OR 97071 20. Severability. If any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision. In Witness Whereof, the parties hereto have executed this Agreement on the day and year first written above. CITY OF WOODBURN LIBRARY DIRECTOR Page 5 - Employment Agreement