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Agenda - 10/14/2002 AGENDA WOODBURN CITY COUNCIL October 14,2002 - 7:00 P.M. 270 Montgomery Street * * Woodburn, Oregon 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3, ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. Continued Public Hearing, Woodburn Crest, October 28, 2002 B, General Election, November 5, 2002: Ballots will be mailed to registered voters on October 18, 2002, Woodburn City Hall is a designated Marion County ballot drop site during regular business hours, Appointments: C. Appointment of Evan Thomas to the student position on the Recreation and Parks Board, effective through September 30, 2004 ..................,..................,......,3C 4, PRESENTATIONSIPROCLAMATIONS Presentations: A, Woodburn Recreation and Parks Department Drug Free Communities Support Grant - Teen Scene ...,..,..........,.............................",..".......,......................4 A Proclamations: B, Woodburn Public Works Week Proclamation, October 21-25, 2002 ..................4B 5, COMMITTEE REPORTS A, Chamber of Commerce B, Woodburn Downtown Association 6, COMMUNICATIONS None, 7, BUSINESS FROM THE PUBLIC (This allows the public to introduce items for Council consideration not already scheduled on the agenda,) Page 1 - Council Agenda of October 14, 2002 8, CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be enacted by one motion, Any item may be removed for discussion at the request of a Council member. A, Woodburn City Council Minutes of September 23, 2002, Regular An d Ex ecu tiv e S essi 0 ns . ....... ........ ............. ...... ............ ... ... ........ ..... .... ...... ....... ......... SA Recommended Action: Approve the Woodburn City Council minutes, B, Woodburn Planning Commission Minutes of August 8, 2002...........................,..8B Recommended Action: Accept the Woodburn Planning Commission minutes. C. Woodburn Building Activity for September 2002 ........,........................................8C Recommended Action: Receive the report. D, Woodburn Planning Project Tracking Sheet Dated September 16, 2002 ...........8D Recommended Action: Receive the report. E, Mill Creek Pump Station Status Report Dated October 8, 2002...,...................... 8E Recommended Action: Receive the status report. F, Woodburn Public Library Monthly Report for September 2002 ........................8F Recommended Action: Receive the report, G. Woodburn Claims for August and September 2002............................,................ 8G Recommended Action: Approve the claims. H, Woodburn Police Department Activities for July 2002..................................,..... 8H Recommended Action: Receive the report. I, Street Closure - Montgomery Street Between First and Second Streets ,............81 Recommended Action: Receive the report. 9, TABLED BUSINESS None 10, GENERAL BUSINESS A, City Administrator Employment Agreement.........................,............................,10A Recommended Action: Approve and authorize the Mayor to execute Addendum to the Employment Agreement with City Administrator, B, Council Bill No, 2417 - A Resolution establishing employee compensation including salary and benefits, effective October 1, 2002.....................................1 OB Recommended Action: Adopt the resolution, Page 2 - Council Agenda of October 14, 2002 C, Council Bill No, 2418 - A Resolution entering into the STF-108 Marion County Rural Agreement with the Salem Area Transit District for FY 2002- 2003 and authorizing the City Administrator to sign such agreement..............10C Recommended Action: Adopt the resolution. D, Council Bill No, 2419 - A Resolution directing the City Engineer to prepare an engineering report for street improvements on West Lincoln Street, from 450 feet east of Cascade Drive to 450 feet west of Kotka Street ...................,.....1 OD Recommended Action: Adopt the resolution, E. Draft Tree Preservation Ordinance ......................................................................IOE Recommended Action: Provide additional policy guidance to staff regarding a tree preservation ordinance, F, Intergovernmental Agreement - Traffic Safety Grant Award,.......................... 10F Recommended Action: Approve receipt and allocation of grant awards for traffic enforcement and approve the intergovernmental agreement between the Oregon Department of Transportation, Transportation Safety Division, through the Oregon Association of Chiefs of Police, and the Woodburn Police Department. G. Rescheduling the November 11,2002 City Council Meeting,............................ lOG Recommended Action: Reschedule the November 11,2002 meeting to November 12,2002 H. Appoint a voting delegate to the League of Oregon Cities business Recommended Action: Appoint a voting delegate. m eetin g. .. ............... ... ... ....... ... .... ..... .... ... ....... .............. ... ....... ...... ......... ......... ........... 10 H 11. PUBLIC HEARINGS None 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, A, Community Development Director's Action on Design Review 02-07 to expand an existing medical clinic (Woodburn Legacy Clinic)............................14A Page 3 - Council Agenda of October 14,2002 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 (l)(f), 18. ADJOURNMENT Page 4 - Council Agenda of October 14, 2002 3C WOODBURN ORE G 0 N Incorporated 1889 October 4,2002 Subject: Appointment to Recreation and Parks Board To: All City Councilors I am recommending the following appointment: Evan Thomas to the student position on the Recreation and Parks Board, This appointment will terminate on September 30 2004. If anyone has an adverse opinion please contact John Brown prior to the Council meeting of October 14,2002. I will be on vacation from Oct 7th thru Oct 13th returning to the city the morning of October 14th. That is my reason for asking you to contact John if you disagree with the appointment. Evan is a life long resident of Woodburn and has been the chair of the Skate Park Committee for the past 2 years, He has learned a lot about the government process during that period of time. He has a real interest in the Recreation and Park programs and, in my opinion, will be a real asset to the Board and the community, He has indicated, to me, that he will allot the necessary time and effort to the appointment even though he has a busy schedule at school. His past performance tells me he will do just that. . Thank you all for your support of my appointment. Richard Jennings, City of Woodburn Office of the Mayor 270 Montgomuy Street. Woodburn, Oregon 97071 Ph.503-982-5228 . Fax 503-982-5243 4A Staff Report Woodburn Recreation and Parks Deparlrnent Date: October 9.2002 #" Mayor and City Council via John Brown, City Admin~S!'1or D. Randall Westrick, Recreation and Parks Director\~ Drug Free Communities Support Grant - Teen Scene To: From: RE: RECOMMENDATION: Receive the report, BACKGROUND: The City has a long history of developing partnerships to provide atter school activities for families in Woodburn. These partners have included Woodburn School District, Marion County Children and Families Commission, Jesuit Volunteers, various local businesses and Woodburn Together. The most notable programs this partnership developed were the Atter School Drop-in Centers located at Legion and Settlemier Parks. These programs served youth in Woodburn in Kindergarten through 8th grades. In fall of 2001, the Recreation and Parks Department expanded a partnership with Woodburn School District to move the Atter School Drop-in programs into local elementary schools. That move now serves youth from Heritage and Lincoln Schools at Lincoln School and Nellie Muir and Washington Schools at Washington School. With this move, the organization of the programs has become more formal and the program changed from Drop-in Centers to After School Clubs. This change has allowed the Recreation and Parks Department to nearly double the number of children served and has improved the variety and quality of activities offered, Since the shift of the program to elementary schools, several agencies and organizations have worked together to fonnulate a plan to offer similar programs for middle and high school youth. Woodburn Together has formed a partnership with the City Woodburn School District to search for funding and organize resources to develop these programs. DISCUSSION: Woodburn Together, Woodburn School District and the Recreation and Parks Department all recognized the need for better atter school programs for teenagers. Last winter and spring, these three partners worked together to develop an Application for Federal Assistance from the Office of Juvenile Justice and Delinquency Prevention for a Drug Free Communities Support grant. Woodburn Together submitted this application for federal assistance in the Drug Free Communities Support Grant 2 . . amount of $87,577 to develop the Teen Scene program with the goal to reduce substance abuse among youth in grades 6-12lh. The funding is for one year and may be extended up to five years. On September 26, 2002, the City learned that this application was successful and will be funded. Woodburn Together's was one of 70 similar applications funded nationwide through this program and one of only five approved in Oregon, This success can be directly attributed to Woodbum Together's effectiveness in assembling collaborative partnerships to focus resources on problems. Brian Sjothun's work to organize and write the grant was also essential in the successful application. The partnership also was ably assisted by Jennifer Robin in Marion County's Alcohol & Drug Prevention program, The Teen Scene program will target middle and high school youth through the creation of an after school and evening teen center program. The program aims to help decrease the amount of unsupervised time for youth during these times, Ultimately, the Teen Scene project will decrease the use of marijuana and alcohol use by the target age group through awareness education to participants and their families. Middle School Teen Scene Teen Scene will include two centers. A center for middle school aged youth will be located within the Settlemier Park Youth Activity Center. This center will offer structured activities and homework assistance every day after school. This is a prime time when youth this age are unsupervised. According to a study by the Department of Justice, over 75 percent of youth in this age group have their first experience with crime, sex, drugs, alcohol and tobacco during these hours. Structured activities will include arts, music, sports, community service projects and participation in substance abuse prevention classes, Abuse prevention will come largely from the "Life Skills" program, The Recreation and Parks Department is now instituting this program as part of the After School Club program for grade school children. Teen Scene for middle schoolers will offer social activities on selected evenings throughout the year, These activities will include field trips, dances and "lock-in" programs at local schools. A third component of middle school Teen Scene will be leadership development. A youth council will advise the Recreation and Parks Department, School District and Woodburn Together on teen center issues. The council will also help develop program ideas, actMties and assist in program evaluation, High School Teen Scene This center will become a hub of leadership development and activities for high school age students at Legion Park. The program seeks to develop mentors as a part of the Life Skills program and volunteers to participate in local community projects. In cooperation with outside agencies, the center will also provide education and information on drug and alcohol prevention and the risks of substance abuse. The high school center will become a resource center for homework and research for school projects, Computers will be available for students to work on school projects. Drug Free Communities Support Grant 3 . . The center will become a place to develop recreation leader interns. This program will develop future staff for recreation programs by familiarizing students with City policies, job application process, information on jobs with the City and other agencies as well as instruction on general employment guidelines and work habits. The high school center will also focus on leadership development. As with the middle school center, youth will have the opportunity to participate on a council that will advise agency partners on the program and help develop program ideas, activities and assist in program evaluation. a c:~~. WOODBURN 4B ORE G 0 N Incorporated 1889 PROCLAMATION FOR Public Works Week in Woodburn WHEREAS, public works services provided in our community are an integral and necessary part of our citizens' everyday lives; and WHEREAS, the health, safety, comfort and economic vitality of this community greatly depend on the facilities and services such as water, wastewater and other waste collection and disposal, streets, transportation, building and parks maintenance, etc. and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction are vitally dependent upon the efforts and skills of the public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments are materially influenced by the people's attitude and understanding ofthe importance of the work they perform; NOW THEREFORE BE IT RESOL VED, that I, Richard Jennings, Mayor of the City of Woodburn, Oregon, do hereby proclaim October 21-25, 2002 as ''PUBLIC WORKS WEEK" in Woodburn, Oregon, and call upon all citizens and civil organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions that public works officials make every day to our health, safety and comfort. Richard Jennings, Mayor Public Works Administration and Engineering Divisions 190 Garfield Street. Woodburn, Oregon 97071 Ph.503-982-5240 . Fax 503-982-5242 r"",w~~''''UUJl ~ ~ :~ ~ .~ ~. ~'ii'.'.'ii'ii'ii.'ii'ii"iiii'ii'ii'..'ii'ii'.".'ii.J; WOODBURN PUBUC WORKS DEPARTMENT PUBUC WORKS WEEK ACflVITlES (TENTATIVE) OCTOBER 21 - 25, 2002 "COMMITTED TO OUR COMMUNmES" Monday. October 21 - KICK OFF 9:00 a,m, -Ribbon Cutting by Mayor Jennings for bus service celebrating the 24th anniversary of Woodburn Transportation Services, Woodburn Transit bus and Dial-a-Ride service will be free to customers during this week, 10:00 a.m. - Tulip bulb planting by Public Works employees at City Hall and City Hall Annex Tuesday. Cktober22 10:00 a,m. - Mayor given a quick tour of some of the Public Works projects in progress: . Hardcastle Avenue Street Improvement Project . Mill Creek Pump Station Project . West Uncoln/Hayes/Hall Storm Drain . Water Projects: Test well site visit (a component of the main water system upgrade project) . Park/Pool: Visit the site and review the plans (that are being forwarded to complete required Planning process) of chemical separation building in Settlemier Park, west of pool building, (9:00 a.m. - 5:00 p,m, - Free Woodburn Transit Bus and Dial-a-Ride Van service) Wednesday. October 23 10:00 a.m, - Ribbon Cutting Ceremony of environmentally friendly ultraviolet disinfection component at City's Wastewater Treatment Plant. The members of City Council and Wastewater Advisory Committee are invited to the ceremony. (NOTE: Public tours for the entire plant are planned for the summer of 2003) (9:00 a.m, - 5:00 p,m, - Free Woodburn Transit Bus and Dial-a-Ride Van service) Thursday. October 24 11:30 a,m, -- Mayor to preside over the raising of the new flag on the flagpole at the Public Works Annex. 12:00 NOON -- PUBUC WORKS EMPLOYEES APPREOATION Lunch and Ceremony to Award the Public Works Employee of the Year at Legion Park Covered Picnic Area (9:00 a,m. - 5:00 p.m, - Free Woodburn Transit Bus and Dial-a-Ride Van service) Friday. October 25 (9:00 a,m, - 5:00 p.m. - Free Woodburn Transit Bus and Dial-a-Ride Van service) SA COUNCIL MEETING MINUTES SEPTEMBER 23, 2002 TAPE READING 0001 DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 23, 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 Present Absent Staff Present: City Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police Chief Russell, Finance Director Gillespie, Park Director Westrick, Library Director Sprauer, City Recorder Tennant 0031 PROCLAMATION: WOODBURN FALL CLEAN-UP MONTH. Mayor Jennings asked Councilor McCallum to read the proclamation since he is an active participant in coordinating this semi-annual Livability Task Force project. Councilor McCallum read the proclamation which declared September II - October 12, 2002 as Woodburn Fall Clean-Up Month urging local residents, businesses, churches, and civic organizations to take pride in our community and assist in the city-wide cleanup effort scheduled for Saturday, October 12th. Volunteers will meet in the east parking lot of the High School at 8:30 a.m. and individuals interested in participating in the clean-up project are asked to call Kezia Merwin at City Hall, Clean-up areas will be along the major highways, the downtown area, and selected city streets. 0332 CHAMBER OF COMMERCE REPORT, Alma Grijalva, representing the Chamber Board, provided the following update of Chamber events: I) Candidate Forum will be held on October 7, 2002, 7:00 p.m., in the City Hall Council Chambers and candidates for the positions of City Council Ward IV, Marion County Commissioners, State Representative, and State Senate have been invited to participate. Citizens are encouraged to come meet the candidates and ask questions before they cast their vote, 2) The Chamber Auction will be held on Friday, September 27th, at Tukwila OGA beginning at 5:30 p.m.. Page 1 - Council Meeting Minutes, September 23,2002 COUNCIL MEETING MINUTES SEPTEMBER 23, 2002 TAPE READING 3) The annual Chamber Board retreat will be held on October 2nd for the purpose of planning activities for 2003. 0428 WOODBURN DOWNTOWN ASSOCIATION REPORT. Mark Wilk, WDA President, updated the Council on WDA projects in progress. In an effort to beautify downtown, signs will be posted in business windows encouraging people to use available trash cans in the downtown area rather than littering. A crew from the WDA organization will also be cleaning up the downtown area on October 12th. In regards to the Front Street lighting project, the trenching and laying of electrical lines has been completed for about 1/3 of the project and it is anticipated that this portion of the project will be completed by the first of the month. The lights will be strung in the trees adjacent to the railroad tracks between Hardcastle Avenue and Cleveland Street. He also provided the Council with copies of minutes from their recent meetings. 0630 Jim Keller, 1919 Westwood Dr, Keizer, stated that he is a candidate for the Marion County Treasurer's position in the upcoming election and he appreciated the opportunity to introduce himself to the Council. 0730 Police Chief Russell thanked the Council for giving him the opportunity to attend the FBI Academy in Quantico, V A over the last 10 weeks. He stated that the training covered a multitude of topics including budgets, terrorist prevention, communications, and forensic SCIence. 0813 CONSENT AGENDA. A) approve the Council minutes of September 9, 2002; B) accept the Recreation and Park Board minutes of September 10, 2002; C) accept the Livability Task Force minutes of July 15,2002 and August 8, 2002; and D) receive the Library Monthly Report for July 2002. FIGLEYINICHOLS... consent agenda be adopted as presented. The motion passed unanimously. 0830 COUNCIL BILL 2414 - ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE INC A NON-EXCLUSIVE FRANCHISE FOR AMBULANCE SERVICES WITHIN THE CITY. Council Bill 2414 was introduced by Councilor Chadwick. Recorder Tennant read the two readings of the bill by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2414 duly passed with the emergency clause. Page 2 - Council Meeting Minutes, September 23, 2002 COUNCIL MEETING MINUTES SEPTEMBER 23, 2002 TAPE READING 922 COUNCIL BILL 2415 - RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT WITH THE AMERICAN FEDERATION OF STATE. COUNTY. AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642. Councilor Chadwick introduced Council Bill 2415. The bill was read by title only since there were no objections from the Council. It was noted that there was a typographical error in the second paragraph and it should read "...bargained in good faith...". Mayor Jennings also thanked the City Administrator for his excellent job in negotiating the contract with the general service employees. On roll call vote for final passage, the motion passed unanimously. Mayor Jennings declared Council Bill 2415 duly passed. 1024 REJECTION OF ALL BIDS FOR HERITAGE PARK ACCESS RAMP. Bids for the construction of an ADA compliant access ramp to the recreation facilities in Tract A of Heritage Park were received from the following contractors: All Concrete Spec. Inc., $62,396.00 (Schedule A alternative) and $48,624.00 (Schedule B alternative); and Kostenboarder Contracting, $25,620.20 (Schedule B alternative). The engineer's estimate for Schedule A alternative was $20,600.00, and $15,640.00 for Schedule B alternative. FlGLEYINICHOLS... reject all bids for the Heritage Park Access Ramp, Schedules A and B, and direct staff to devise a less costly solution to the project requirements. The motion passed unanimously. 1065 LIBRARY STAFFING ADJUSTMENTS. Library Director Sprauer requested authorization to make staffing adjustments that would allow for the hiring of a full-time Librarian and a full-time Library Assistant within the budget allocations for fiscal year 2002-03. FIGLEYINICHOLS... approve the proposed changes in the Library personnel staff for the 2002-03 fiscal year as set forth in the memo. The motion passed unanimously. 1091 PUBLIC HEARING: WOODBURN AMBULANCE SERVICE. INC. RATE ADJUSTMENTS. Mayor Jennings stated that, following the hearing, he will be asking the Council to introduce the Council Bill which would address the rate adjustments. Mayor Jennings declared the public hearing open at 7:20 p.m.. Finance Director Gillespie stated that the ambulance service is requesting a base rate per call increase from $661 to $837 and a mileage rate increase from $10 to $16.50 per mile since there has been a change in the Medicare reimbursement schedule. Medicare is decreasing their payment to providers over a 4-year period and the first reduction went Page 3 - Council Meeting Minutes, September 23,2002 COUNCIL MEETING MINUTES SEPTEMBER 23, 2002 TAPE READING into effect on April 1, 2002. By January 2004, the Medicare reimbursement will have dropped from $580 to $309. It was noted that 59% ofthe calls for service are covered by Medicare. Additionally, the company's revenues have been further reduced by the Attorney General's office legal opinion that State Gas Tax revenues are not to be used for uninsured indigent victims of traffic accidents. The rate increase will make up for the loss of revenues from the first two years of Medicare reductions and the loss of revenue from the State. It was noted that the last increase in rates was approved by the Council in January 2000. Councilor Bjelland questioned what service is provided to indigent victims if the State is no longer reimbursing the ambulance service for ambulance services. 1458 Shawn Baird, representing Woodburn Ambulance, stated that they still respond to the scene and provide necessary services to the victim(s). The Motor Vehicle Accident Fund was established several years ago with gasoline tax funds available to pay for service calls in which victims had no source of available funds to pay for the service. Those calls will now be totally uncompensated to the service provider. Mayor Jennings questioned if the ambulance provider has to accept what Medicare pays as full payment even though the cost for the service is greater. Mr. Baird stated that, as of April 1, 2002, the Medicare payment is now considered as payment in full and the service provider is not allowed the bill the patient for any balance. It was noted that the changes in the reimbursement schedule now place the burden of additional costs on those individuals who utilize the service (approximately 20%) and are not covered under Medicare or considered indigent. In regards to the local convalescent rate, Mr. Baird stated that they had left the rate in the resolution but they have not been billing patients under that category since they have not been providing that type of service due to the availability of other service providers who provide that type of service. Councilor Bjelland questioned if there are other rates that should be considered outside of what is listed in the draft resolution. Mr. Baird stated that their company does not have any other rates in effect at this time, however, at the end of the Medicare phase-in period, they will be coming to the City to ask for a completely different type of rate structure. No one in the audience spoke either for or against the proposed rate adjustments. Councilor Bjelland expressed his concern with having only one basic rate structure when there is a significant increase in that base rate structure. He felt that there should be at least two rates involved depending upon the level of service that is provided to the patient. 2255 Mayor Jennings closed the public hearing at 7:37 p.m.. In regards to the cost, Mayor Jennings stated that, based on his prior experience with the Ambulance Service and the Fire Service, patients who are conscious and not on life support have always been able to make the decision if they want to be transported to the Page 4 - Council Meeting Minutes, September 23,2002 COUNCIL MEETING MINUTES SEPTEMBER 23, 2002 TAPE READING hospital thereby incurring a ambulance service cost. Councilor McCallum concurred with Councilor Bjelland's comments and expressed his opinion that the ambulance service deserves to receive a fair and just profit. The service is necessary within our community but unfortunately some patients will be paying for others based on the payment restrictions imposed by government agencies. Councilor Figley stated that she feels some frustration on this issue in that full payment seems to be the responsibility of so few people who utilize the service. COUNCIL BILL 2416 - RESOLUTION ESTABLISHING RATES AND CHARGES FOR WOODBURN AMBULANCE SERVICES. INC. Council Bill 2416 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 2416 duly passed. The rate adjustments will become effective on October 1,2002. 2643 CITY ADMINISTRATOR'S REPORT. No report was made by the City Administrator. 2662 MAYOR AND COUNCIL REPORTS. Councilor Nichols questioned when the State Transportation Dept. would be fixing the pothole on the 1-5 bridge. Public Works Manager Rohman stated that he has notified them of the maintenance issue and he will contact them to check on the status of the repair work. Councilor Figley stated that she had observed the work being done by the Downtown Association and feels that it will enhance the downtown area. Councilor McCallum stated that it was a pleasure to be hosted by the Fire Department to see the new training facility in Brooks. Mayor Jennings and Councilor Chadwick also attended the tour and this facility will provide our local fire district with a high level of training without having to provide and maintain our own facility. Councilor McCallum also thanked Public Works Manager Rohman for his working with the State of Oregon and Willamette Railway in getting the railroad crossing repaired on Highway 99E. He also thanked Park & Recreation Director Westrick for his presentation at the Chamber Forum regarding the proposed Community Center. Mayor Jennings stated that there is now a new fence in front of the Association Building on Front Street and the walkway has been opened up to allow pedestrian traffic on the sidewalk. Mayor Jennings stated that Executive Secretary Kay Vestal is retiring at the end of this month after 25 years of service to the City. A small reception was held earlier today and he gave her a gift from the Council in appreciation of her work for the Council. Page 5 - Council Meeting Minutes, September 23,2002 COUNCIL MEETING MINUTES SEPTEMBER 23, 2002 TAPE READING He also stated that he had visited with 16 students of the Junior class last Wednesday for the purpose of discussing potential appointments to various City boards and committees. 3239 Finance Director Gillespie stated that installation of a projector is in progress in the Council Chambers that will allow for power point presentations and DVD video tape presentations. This project will also provide a direct video signal for WCAT. 3394 EXECUTIVE SESSION. Mayor Jennings entertained a motion to adjourn into executive session under the authority ofORS 192.660(1)(h), 192.660(l)(i), and 192.660(I)(f). FIGLEYIBJELLAND... adjourn to executive session under the statutory authority cited by the Mayor. The motion passed unanimously. The Council adjourned to executive session at 7:55 p.m. and reconvened at 9: 13 p.m.. 3418 Mayor Jennings stated that no action was taken by the Council while they were in executive session. FIGLEYIMCCALLUM... City Administrator's monthly base salary be increased by 10% effective October 1, 2002 and a contract reflecting that change be brought back to the Council for approval. The motion passed unanimously. 3469 Mayor Jennings stated that he also wanted to let the Council know that on November 15th there will be a "Roast" for the outgoing Mayor anq invitations will be sent out next month. 3572 ADJOURNMENT. NICHOLSIMCCALLUM... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 9: 15 p.m.. APPROVED RICHARD JENNINGS, MAYOR A TrEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, September 23,2002 Executive Session COUNCIL MEETING MINUTES September 23, 2002 DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, SEPTEMBER 23,2002. CONVENED. The Council met in executive session at 8:00 p.m. with Mayor Jennings presiding. ROLL CALL. Mayor Councilor Councilor Councilor Councilor Councilor Councilor Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Jennings reminded the Councilors and staff that information discussed in executive session is not to be discussed with the public. Staff Present: City Administrator Brown, City Attorney Shields (8:00 pm until 8: 12 pm), City Recorder Tennant Press: John Gervais (8:00 pm until 8:12 pm) The executive session was called under the follow statutory authority: 1) to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660(1)(h)- concluded at 8: 12 p.m.; 2) to review and evaluate the employment-related performance of the City Administrator pursuant to ORS 192.660(1)(1) - Administrator left at 8:55 pm and returned to the session at 9:05 p.m.; and 3) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(t). ADJOURNMENT . The executive session adjourned at 9: 12 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, September 23, 2002 8B CONVENED The Planning Commission met in a regularly scheduled session at 7:00 p.m. with Chairperson Cox presiding. WOODBURN PLANNING COMMISSION August 8, 2002 ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Cox Lima Young Grosjacques Mill Bandelow Lonergan P P A P P P P Staff Present: Jim Mulder, Community Development Director MINUTES A. Woodburn Plannina Commission Minutes of Julv 25,2002. Commissioner Mill moved to approve the minutes as presented. Commissioner GrosiacQues seconded the motion which unanimously carried. BUSINESS FROM THE AUDIENCE COMMUNICATIONS A. City Council Minutes of Julv 8. 2002 B. Administrative Approval of Site Plan Review 01-14. request to expand Shell Service Station retail sales area located at 2995 Newbera Hwv.. Belal AI-Khatib. applicant. PUBLIC HEARING None ITEMS FOR ACTION None DISCUSSION ITEMS None REPORTS A. Buildina Activity for Julv 2002 B. Plannina Proiect Trackina Sheet (revised 8-1-02) BUSINESS FROM THE COMMISSION ADJOURNMENT Commissioner Mill moved to go straight to adjournment tonight in view of the fact that there is nothing on the agenda. Commissioner Grosiacaues seconded the motion. Motion unanimously carried. Meeting adjourned at 7:01 pm. ATTEST Jim Co CitY ~--r' 2ib. Ztro1- DATE . ~-U-~2- der, nity Development Director Woodburn, Oregon Date Planning Commission Meeting - August 8. 2002 Page 1 of 1 8e CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: October 1, 2002 To: Jim Mulder, Community Development Director From: Building Division Subject: Building Activity for September 2002 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 5 $548,500 9 $1,050,491 9 $1,078,490 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 1 $9,319,156 0 $0 Residential Adds & Alts 0 $0 6 $39,000 3 $5,950 Industrial 0 $0 0 $0 0 $0 Commercial Value 1 $750,000 1 $23,000 8 $151,590 Signs, Fences, Driveways 1 $3,000 0 $0 1 $1,200 Manufactured Homes 0 $0 1 $48,320 1 $55,000 TOTALS 7 $1,301,500 18 $10,479,967 22 $1,292,230 Fiscal Year (July 1- $2,646,675 $22,388,679 $6,462,741 June 30) to Date 1:\Community Development\Bldg\Building Activlty\BldgAct-2002\activity - Septemeber 2OO2.wpd !WOeN alllldwo:lUI "l.O/vZlLO 366 oN g6~ OlUO lallJeVII sn So-ZO ~a lOl~ZIIIO UO!l!ppe ape:>e.::! uomppv oO::>'l1 ('wP'\f) "l.0/~ ~/60 VIN "l.OR:ZIRO uoos "l.O/OZl"l.~ "l.OR:"l.roo "l.O/v"l./LO ~!U!IO ^:le6al wnqpooM uewla)j:l3 Lo-ZO ~a o.w.H :l!J!:led oN O€S ~ !wOeN lOlSlIL zoroO/ LO le )jues o6Je.::! 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JapJO leu!:! :)d :):) JOj aO!loN l!eV\l SJaded ol lY.)!loN AjJQcfOJd Isod ana Idct JlS 6u!JeaH :):) ana .pJO UO!IOOP'v' . plO :):) 8E Memorandum To: Mayor and ~ity Council, through Public Works Director From: David N. TOrQ.. eson, P.E., Assistant City Engineer JJvf Date: October 8, 2002 Subject: Mill Creek rump Station · Status ReQQ!! I I In a report prepar~ September 3, 2002, the projected completion date for the project was set at C)ctober 4, 2002. Unforeseen delays in construction of manhole and PiPel~' e foundations have extended the estimated date for completion to late ovember. The delays were related to acceptance testing of individual helical a chors. Several anchors at Manhole 8-2 failed to reach design capacity, and were!replaced by the contractor, at his expense.. Work on the wetwall piping cannot begin until foundation work is finished, because access to lthe pump station building will not be possible until temporary shoring is removed, and the backfill around the manholes is placed. Similarly, the new pump (which i$ now on hand, and ready for installation) cannot be moved to the building until sllJpport for transporting equipment is provided. Completion of all project elements is now predicted to occur close to the Thanksgiving holid~y. WOODBURN PUBLIC LIBRARY MQNTHL Y REPORT FOR SEPTEMBER 2002 I. CIRCULATI<j)N Current: 1Q,753 A~ult: Children: SF 7,671 3,082 Previous: 2001 2000 1999 11,042 11,022 11,441 In-House Use: 1,485 II. INTERLlBRtRY LOAN Books Loan'd: 894 c+RLS: In-State Special: 891 o All Other In-State: 3 Out-Of-State: 0 Books Borrowed: 1,066 OCRLS: In-State Special: 1,041 o All Other In-State: 24 Out-Of-State: 1 III. REFERENCE Woodburn 2002 2001 2000 1999 870 1,061 776 812 Referrals Other Total 71 65 44 47 852 1,059 672 888 1.793 2,185 1 ,492 1,747 IV. VOLUNTE~R HOURS WORKED 129 V. LIBRARY SPONSORED PROGRAMS Adults: Children: o 14 VI. FINANCE ILL Postals Fines Lost Books Copies Rural Fee Donation Collection Fee Other TOTAL Monthly Statistics: September 2002 t I No. Attending: No. Attending: o 351 0.00 557.10 127.35 171.55 90.00 0.10 20.00 135.48 - Misc. 1,101.58 1 VII. HOLDINGS Audio Cassette Audio Casse\te Holiday Book Y A-Holds Restriction Camera Compact Disp, Music Compact DisF, Sp. Cassette PI~er Circ Softwar Video Cass e Video Holds I Engraver ! Fast Cat - 3 Wks Fast Cat - 7 pay Headphone~ Juvenile Grlnt Kit Woodburn I L Woodburn I L Out Of State Juvenile Au io Cassette Juvenile Bo~k Juvenile-Holds Restriction Juvenile Vid~O Cassette Juvenile Vi~o Holds Juvenile Holiday Book Juvenile Ho~iday Juvenile puppet Juvenile Paperback Juvenile Periodical Juvenile Rdterence Juvenile Tote Bag Long New $ook New Book New Periodical Pamphlet, Map Paperback Periodical Projector Puzzles/Games Reference One Hr. Raserve Circulating Software Woodburn Stats Only Woodburn Stats Only ILL TOTAL 1 ,420 40 37,129 o 4 299 88 5 59 675 1,160 2 8 2 6 17 18 4 286 18,079 14 705 162 483 7 1 10 758 248 101 327 356 285 22 2,432 6,831 6 o 2,459 98 1 1 1 74,609 Monthly Statistics: September 2002 2 New Adds For The Month of September: 540 VIII. PATRON LqAN TYPES Adult Resident Adult Non-R~sident Senior Resident Senior Non-Resident Y A Resident Y A Non-Res'dent Juvenile Re~ident Juvenile NOr)-Resident Reference ~aff Library Staff, Outreach . 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City Administrat~ Date: From: Thru: Subject: Police D1Partment Activities - July, 2002 The Consolidated MontlUy Report is a monthly analysis of police department calls for service. This report lists all polic~ department incident investigations for the month, shows year to date statistics, and comparisoins to the previous year. The report is in conformance with Federal Bureau of Investigations national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated Information Network. Should you have questiqns or wish further information, please contact me. '"Cl "tJ: >JIlo' ::0 ::0 i .... -Ii !.f. : I I ; ,.. ;1l:I!n m -Ilbi' '010 ~ zllII." ~!< III mi" ."oi"tJ r- CIC III ;1l:Il....... ::0. ,'" JIlo JIlolm :om.!> .... xI"'. O. ....i.JIlo r- Z!;lO n m, Vl' ...'.,,:z:::o)(o > ,Z 0 CIl> l'll=!::O >1'" > 11110 <: CIl n. Vl"l:l!C r- m c:: en ml.... o x:lm"1l "l:Ii:O "'1> r- 010 -I 01> m N C m;/O, ....>.'x: m >10:0. Z. 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VI , 0 N City of Woodburn Police Department STAFF REPORT 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-2345 81 From: October 8, 2002 J Scott R'4elll, Chief ofPolice~- Date: Through: I I Mayor anr City Council t. /1;7/ John Broivn, City Administrator - I I To: Subject: Street CI~sure Montgomery Street between N. First and N. Second Streets Recommendation: InIformation Only - No Council Action Required On October 8, 2002 the Woodburn Police Department received a request from the Woodburn Public Library for a stre~t closure of Montgomery Street between North Second Street and North First Street on 04tober 12, 2002 between the hours of 12:00 PM and 5:00 PM for a special event called "Oqr Ways: The History and Culture of Mexicans in Oregon". The event was sponsored by the Woodburn Public Library and the Oregon Historical Society. After considering the safety of the public and determining that the event would be in the public interest I authorized the i closure of the street under authority granted to the Chief of Police by City Ordinance and OR$ 810.030. lOA October 14,2002 TO: FROM: SUBJECT: Honorable Mayor and City Council j"M John C. Brown, City Administrator..LJ-...--l': " City 4.dministrator Employment Agreement Recommendation: I It is recommended ~he City Council approve, and authorize the Mayor to execute, the attached Addendum to the Employment Agreement with John C. Brown. Background: I am currently emp~oyed pursuant to an employment agreement executed in October 2001. The agreement has a three-year term and provides for the City Administrator's cOl!npensation, benefits, working conditions and rights. It also requires the Councll to set performance goals and evaluate the Administrator's performance annuqIly, and provides for merit-based salary increases. Discussion: On September 23, 2002 you evaluated my performance for the past year, and found it meritorious. Considering my performance, and the compensation provided to other city managers in the region, you elected to increase the City Administrator's base salary by ten (10) percent. Staff was directed to return to Council with an amendment to the employment agreement reflecting the increase. The attached addendum modifies the salary provision of the Administrator's contract, effective October 1, 2002. Other contract provisions are unchanged. As with the previous agreement, I am entitled to the same benefits as other management employees, including cost of living adjustments. This increase does not include a 1.3 percent COLA the Council will consider granting to management/non-union general service employees, effective October 1, 2002. The provisions of the employment agreement entitle the Administrator to the same COLA as is provided to other management employees. Adjusted for an October 1, 2002 COLA, the Administrators salary will reflect a total increase of 11.3 percent over that paid for 2001-02 salary. City Council October 14,2002 Page 2. Financial Impact: The attached agreet1'ent increases the City Administrator's base compensation from $92,898 to $10t,188 annually. It increases the total cost of salary and benefits, including 111 required city-paid benefit costs, from $125,601 to $137,503 annually. The total Fost of this increase in 2002-03 is $9,331, and will be supported primarilx by the General Fund. A portion of the funding for this increase is includedlthe City Administrator's budget for 2002-03. That budget will need to be augrpented during the mid-year budget review, to provide the balance of monies n~eded to support this increase. ADDENDUM COMPENSATION ADJUSTMENT (AS RESQLT OF CITY COUNCIL ANNUAL EVALUATION) TO EMPLOYMENT AGREEMENT WITH JOHN C. BROWN, CITY ADMINISTRATOR THIS ADDENDlpM TO AGREEMENT, is entered into this 14th day of October, 2002, between the City ofWoo~burn, ("City"), an Oregon municipal corporation, and John C. Brown, ("City Administrator"). WITNESSETH WHEREAS, City and City Administrator executed an Employment Agreement on October 8, 2001; and WHEREAS, the City Council conducted an evaluation of City Administrator and concluded that City Admjnistrator exceeds the applicable standards of his employment; and WHEREAS, the City Council wishes to amend City Administrator's employment Agreement to provide a cbmpensation adjustment based upon the results of City Administrator's evaluation; NOW, THEREFORE, in consideration of the terms, conditions and covenants contained herein, the parties agree as follows: The Employment Agreement is amended to add a new section 6 which shall read: -6. Salary. During the Services Period, City agrees to pay employee for services rendered a base annual salary of One Hundred Two Thousand One Hundred Eighty Eight Dollars ($102,188), payable in installments at the same time as the regular employees of City are paid. Annually, after a satisfactory evaluation by the City Council, an increase in salary will be negotiated. and shall be retroactive to October 1, 2002. In Witness Whereof, the parties hereto have executed this Agreement on the date written above. City of Woodburn City Administrator Richard Jennings, Mayor John C. Brown, Attest: Mary Tennant, City Recdrder __0 I lOB October 14, 2002 TO: FROM: SUBJECT: Honorable Mayo~ and Ci~ ~ounci~ I~ John C. Brown, CIty AdrmnlstratoP Salary! and Benefit Adjustments for Non-Represented Employees Recommendation: I It is recommended t~e City Council adopt the attached Resolution Establishing Employee Compensfltion Including Salary and Benefits, for management/non- union general servide employees for the year 2002-03. Background: The City Council ha~ traditionally granted the same cost of living adjustment (COLA) to non-repr~sented employees as is negotiated with represented employees. The mo~t recent COLA adjustments for AFSCME-represented employees were approved in September 2002. Discussion: The new bargaining agreement with AFSCME provides COLAs based on the Consumer Price Index (W) for the Portland region, effective October 1, 2002, 2003, and 2004. The COLA for 2002, based on the change in the Portland CPI (W) from June 2001 to Jqne 2002, is 1.3 percent. Employees also received a "marketability" adj~stment of two percent, to maintain the competitiveness of Woodburn's salarie$ with those of other cities in the regional job market. This is a one-time adjustment, applicable only in 2002. The City also agreed to support a larger share of the increased costs of health insurance premiums with employees. This institutes a 50/50 sharing of insurance cost increases, retroactive to July 1, 2002, for the life of the agreement. AFSCME-represented employees also received a longevity incentive that increases vacation accruals by one day per year, beginning with year 20, with a maximum annual accrual of 25 days per year. Other benefits within the contract remain unchanged. Based on past practice and to avoid salary compaction between the classifications, it is recommended your Council approve both the 1.3 percent COLA and the two percent marketability adjustment for management and non- represented employees, effective October 1, 2002. For consistency it is also recommended that you extend the revised insurance cost sharing arrangement, and longevity incentives, to management and non-represented employees. The Honorable Mayot and City Council October 14, 2002 Page 2. This will result in: 1. a 1.3 percent cost of living adjustment for all management and full-time, I regular part-tim~ and seasonal non-union employees, effective October 1, 2002; 2. a two percent (2%) marketability adjustment for all management and full- time, regular part-time and seasonal non-union employees, excluding those individuals employed pursuant to an employment contract, effective October 1, 2002; 3. an amendment to the vacation accrual schedule to add 8 hours per year beginning with year 20, with a maximum annual accrual of 25 days per year; 4. a 50/50 sharin~ of costs between the City and employees for the increased costs of medical'and dental insurances, retroactive to July 1,2002; and 5. continuation of all other current benefits with adjustments for premium increases. Schedules detailing the effect of increases on each affected wage classification are included as exhibit$ to the enabling resolution. Financial Impact: The total cost, all funds, of the recommended COLA for the remainder of fiscal year 2002-03 is estim.ated at $61, 904, and the total annualized cost is estimated at $75,881. The General Fund cost for the remainder of fiscal year 2002-03 is estimated to be $41,154. The majority of the monies necessary to support these costs were appropriated in 2002-03 budgets. Depending on spending patterns some budgets will need to be augmented during the mid-year budget review in January 2003, to support that portion of the costs of this increase that are not currently budgeted. JCB COUNCIL BILL NO. Z417 RESOLUTION NO. A RESOLUTION ESTABLISHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. , WHEREAS, ~e City Council has reviewed the pay plan and benefit compensation recommendation ofthe City 4dministrator as required by Rule 8 of the City's Personnel Policy and Procedure Manual; and WHEREAS,1lhe City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for eaph City officer and employee; now, therefore, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Ef(ective October 1, 2002, the salary range schedule for all non-contractual management/non-union gene~al service employees shall be increased by a Cost of Living Adjustment (COLA) of 1.3% and a markqtability adjustment of 2%. Pursuant to the provisions within management employee contracts, a Cost of Living Adjustment (COLA) equal to the amount given to other non-union general service management 4:mployees (1.3%) is extended to these employees. A copy of the schedule incorporating said provisions is attached as "Exhibit A". Section 2. The salary range schedule for all non-union part-time and seasonal employees attached hereto as "Exhibit B~' are hereby adopted effective October 1, 2002. Section 3. Effective October 1,2002, the vacation accrual schedule listed in Section 10.2 of the City's Personnel Manual will be amended to add 8 hours of vacation accrual per year beginning with year 20, to all eligible management, non-union, and contractual employees with a maximum annual accrual of 25 days per year. The new schedule is a as follows: Years of Service 6 mos through 5 6 through 10 11 12 13 14 15 through 19 20 21 22 23 24 Page 1 - Council Bill No. Resolution No. Per Month 06.67 hours 10.00 hours 10.67 hours 11.33 hours 12.00 hours 12.67 hours 13.33 hours 14.00 hours 14.67 hours 15.33 hours 16.00 hours 16.67 hours Days Per Year 10 15 16 17 18 19 20 21 22 23 24 25 Maximu~ Accrual 160 hours 240 hours 256 hours 272 hours 288 hours 304 hours 320 hours 328 hours 336 hours 344 hours 352 hours 360 hours Section 5. Retroactive to July 1, 2002, the City will increase its monthly contribution toward the existing or substan~ially equivalent medical and dental insurance premiums by an amount not to exceed 50% of the insurancf premium increase for each category (Employee only, Employee plus one dependent, Employee plus two or more dependents) based on the medical and dental plan selected by the participating management, non-union, or contractual employee. The maximum monthly contribution increase will be based on the EBS Trust Plan V PPP $100 deductible plan and EBS Trust Dental Plan II. The monthly premium cost fo~ vision insurance will continue to be borne solely by the employee. Section 4. Com.pensation benefits including, but not limited to, health insurance (premium levels same as AFSCME conti-act provisions), long term disability, life insurance, retirement, deferred compensation, leave alIOWan~! s, step advancements, and incentive adjustments are hereby maintained at current service levels adjusted for premium increases, or decreases in accordance with agreed upon distributions as contained wi in the fiscal appropriations of the City of Woodburn. 1 Approved as to form: .l City Attorney Date APPROVED RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Rec<)rder ATTEST Mary Tennant, Recqrder City of Woodburn, <l>regon Page 2 - Council Bill No. Resolution No. lOB October 14, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council jQJii{ John C. Brown, City Administratot7 . Salary and Benefit Adjustments for Non-Represented Employees Recommendation: It is recommended the City Council adopt the attached Resolution Establishing Employee Compen$ation Including Salary and Benefits, for management! non- union general servi~e employees for the year 2002-03. Background: The City Council has traditionally granted the same cost of living adjustment (COLA) to non-represented employees as is negotiated with represented employees. The most recent COLA adjustments for AFSCME-represented employees were approved in September 2002. Discussion: The new bargainin$ agreement with AFSCME provides COLAs based on the Consumer Price Index (W) for the Portland region, effective October 1, 2002, 2003, and 2004. The COLA for 2002, based on the change in the Portland CPI (W) from June 2001 to June 2002, is 1.3 percent. Employees also received a II marketability" adjustment of two percent, to maintain the competitiveness of Woodburn's salaries with those of other cities in the regional job market. This is a one-time adjustment, applicable only in 2002. The City also agreed to support a larger share of the increased costs of health insurance premiums with employees. This institutes a 50/50 sharing of insurance cost increases, retroactive to July 1, 2002, for the life of the agreement. AFSCME-represented employees also received a longevity incentive that increases vacation accruals by one day per year, beginning with year 20, with a maximum annual accrual of 25 days per year. Other benefits within the contract remain unchanged. Based on past practice and to avoid salary compaction between the classifications, it is recommended your Council approve both the 1.3 percent COLA and the two percent marketability adjustment for management and non- represented employees, effective October 1,2002. For consistency it is also recommended that you extend the revised insurance cost sharing arrangement, and longevity incentives, to management and non-represented employees. I 1" The Honorable Mayor and City Council October 14,2002 Page 2. This will result in: 1. a 1.3 percent cost of living adjustment for all management and full-time, regular part-tim~ and seasonal non-union employees, effective October 1, 2002; 2. a two percent (2%) marketability adjustment for all management and full- time, regular pa~t-time and seasonal non-union employees, excluding those individuals employed pursuant to an employment contract, effective October 1, 2002; 3. an amendment tb the vacation accrual schedule to add 8 hours per year beginning with year 20, with a maximum annual accrual of 25 days per year; 4. a 50/50 sharingjof costs between the City and employees for the increased costs of medical 'and dental insurances, retroactive to July 1,2002; and 5. continuation of ~l other current benefits with adjustments for premium increases. Schedules detailing. the effect of increases on each affected wage classification are included as exhibits to the enabling resolution. Financial Impact: The total cost, all funds, of the recommended COLA for the remainder of fiscal year 2002-03 is estimated at $61,904, and the total annualized cost is estimated at $75,881. The General Fund cost for the remainder of fiscal year 2002-03 is estimated to be $41,154. The majority of the monies necessary to support these costs were appropriated in 2002-03 budgets. Depending on spending patterns some budgets will need to be augmented during the mid-year budget review in January 2003, to support that portion of the costs of this increase that are not currently budgeted. JCB COUNCIL BILL NO. [417 RESOLUTION NO. A RESOLUTION EST ABLJSHING EMPLOYEE COMPENSATION INCLUDING SALARY AND BENEFITS. WHEREAS, ~e City Council has reviewed the pay plan and benefit compensation recommendation of the City A-dministrator as required by Rule 8 of the City's Personnel Policy and Procedure Manual; and WHEREAS, tjhe City Council is obligated per Section 11 of the Woodburn City Charter to establish compensation for eaf;h City officer and employee; now, therefore, THE CITY ~ WOODBURN RESOLVES AS FOLLOWS: Section 1. Ef~ctive October 1,2002, the salary range schedule for all non-contractual management/non-union gene~al service employees shall be increased by a Cost of Living Adjustment (COLA) of 1.3% and a mark~bility adjustment of 2%. Pursuant to the provisions within management employee contracts, a Cost of Living Adjustment (COLA) equal to the amount given to other non-union general service management ~mployees (1.3%) is extended to these employees. A copy of the schedule incorporating said provisions ,is attached as "Exhibit A". Section 2. Th~ salary range schedule for all non-union part-time and seasonal employees attached hereto as "Exhibit Bt' are hereby adopted effective October 1, 2002. Section 3. Effective October 1,2002, the vacation accrual schedule listed in Section 10.2 of the City's Personnel ManuW will be amended to add 8 hours of vacation accrual per year beginning with year 20, to all eligible management, non-union, and contractual employees with a maximum annual accrual of25 days per year. The new schedule is a as follows: Years of Service 6 mos through 5 6 through 10 11 12 13 14 15 through 19 20 21 22 23 24 Page 1 - Council Bill No. Resolution No. Per Month 06.67 hours 10.00 hours 10.67 hours 11.33 hours 12.00 hours 12.67 hours 13.33 hours 14.00 hours 14.67 hours 15.33 hours 16.00 hours 16.67 hours Days Per Year 10 15 16 17 18 19 20 21 22 23 24 25 MaximuD:J. Accrual 160 hours 240 hours 256 hours 272 hours 288 hours 304 hours 320 hours 328 hours 336 hours 344 hours 352 hours 360 hours Section 5. Retroactive to July 1, 2002, the City will increase its monthly contribution toward the existing or subst~ially equivalent medical and dental insurance premiums by an amount not to exceed 50% of the insuranoe premium increase for each category (Employee only, Employee plus one dependent, Employee plus twll> or more dependents) based on the medical and dental plan selected by the participating management, nop.-union, or contractual employee. The maximum monthly contribution increase will be based on the EBS Trust Plan V PPP $100 deductible plan and EBS Trust Dental Plan II. The montWy premium cost for vision insurance will continue to be borne solely by the employee. Section 4. Cqrnpensation benefits including, but not limited to, health insurance (premium levels same as AFSCME contact provisions), long term disability, life insurance, retirement, deferred compensation, leave allowanCFs, step advancements, and incentive adjustments are hereby maintained at current service levels adjusteq for premium increases, or decreases in accordance with agreed upon distributions as contained wi~in the fiscal appropriations of the City of Woodburn. Approved as to form: i City Atltorney Date APPROVED RICHARD JENNINGS, MA YOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST Mary Tennant, Recorder City of W oodbum, Oregon Page 2 - Council Bill No. Resolution No. NON-UNION GENERAL SERVICE EMPLOYEES EXHIBIT f1AfI SALARY SCHEDULE EFFECTIVE DATE: OCTOBER 1, 2002 GRADE STEP A STEP B STEP C STEP D STEP E 01 Admn Secretary 2,660 2,793 2,933 3,079 3,156 Aquatic prgm Mgr 02 2793 2,933 3,079 3,233 3,314 03 Asst. Aquatic Mgr 2933 3,079 3,233 3,395 3,480 Executive/Legal A~sistant Rec. Coord. I 04 Rec. Coord. II 3079 3,233 3,395 3,565 3,654 RSVP Program Coprd Information Syste~s Specialist 05 Community RelatiQns Officer 3,233 3,395 3,565 3,743 3,837 Mgmt Analyst I 06 Aquatic Center Mgr 3,395 3,565 3,743 3,930 4,028 Records Suprv. Recreation Suprv. 07 Mgmt Analyst II 3,565 3,743 3,930 4,127 4,230 08 Asst. VMlTP Supt 3,743 3,930 4,127 4,333 4,442 Parks Supt Water Supt. Street Supt. Senior Planner Asst. Library Director 09 Senior Engineering Tech. 3,930 4,127 4,333 4,550 4,663 10 4,127 4,333 4,550 4,778 4,897 11 VMlTP Supt. 4,333 4,550 4,778 5,017 5,142 Building Official 12 Library Director 4,550 4,778 5,017 5,268 5,400 13 Parks & Rec. Director 4,778 5,017 5,268 5,531 5,670 Public Works Mgr. Project Engineer 14 Finance Director 5,017 5,268 5,531 5,808 5,953 Comm. Devlp Dir Asst. City Engineer 15 5,268 5,531 5,808 6,098 6,251 16 5,531 5,808 6,098 6,403 6,563 17 5,808 6,098 6,403 6,723 6,891 18 6,098 6,403 6,723 7,059 7,236 FLAT RATE: City Recorder 4,620 Public Works Director 7,941.81 City Attorney 7,331 City Administrator 8,626.36 Asst. City Attorney $30.88 per hour HOURLY RATES FOR PART-TIME AND SEASONAL EMPLOYEES EXHIS IT "S" EFFECTIVE OCTOBER 1, 2002 RANGE STEP A STEP B STEP C STEP D STEP E PT - 1.0 LIBRARY PAGE 6.50 6.83 7.17 7.53 7.91 CLERICAL AIDE PARK MAl NT. AIDE F PT - 4.0 PARK MAINT. \fVORKER 7.53 7.91 8.31 8.73 9.17 ! PT - 7.0 CLERK I 9.12 9.58 10.06 10.56 11.09 PT - 7.5 CUSTODIAN 9.35 9.82 10.31 10.82 11.36 PT - 8.0 LIBRARY ASSI$TANT 9.58 10.06 10.56 11.09 11.64 PT - 8.5 CLERK II 9.82 10.31 10.82 11.36 11.93 PT - 9.0 10.06 10.56 11.09 11.64 12.22 PT - 9.5 10.31 10.82 11.36 11.93 12.53 PT - 10.0 RSVP ASSISTANT 10.56 11.09 11.64 12.22 12.83 PT-10.5 CLERK III 10.82 11.36 11.93 12.53 13.16 PT - 11.0 BUS DRIVER 11.09 11.64 12.22 12.83 13.47 PT-11.5 11.36 11.93 12.53 13.16 13.82 PT - 12.0 ADMN. SECRETARY 11.64 12.22 12.83 13.47 14.14 PT - 12.5 11.93 12.53 13.16 13.82 14.51 PT -13.0 EVIDENCE TECH. 12.22 12.83 13.47 14.14 14.85 WVl/TP LAB HELPER PT-13.5 LIBRARIAN 12.53 13.16 13.82 14.51 15.24 PLANNING TECH. PT - 14.0 UTILITY WKR I 12.83 13.47 14.14 14.85 15.59 PERMIT SPECIALIST PT - 14.5 13.16 13.82 14.51 15.24 16.00 PT - 15.0 ENGINEERING TECH II 13.47 14.14 14.85 15.59 16.37 DRAFTSMAN PT - 15.5 WVl/TP OPERA TOR I 13.82 14.51 15.24 16.00 16.80 CODE ENFRC OFFICER PARK & RECREATION PROGRAM PART-TIME I SEASONAL EMPLOYEES Effective January 1, 1999 EXHIBIT "B" CLASSIFICATION STEP A STEP B STEP C STEP D STEP E PS-l Cashier 6.50 6.83 7.17 7.53 7.91 Lifeguard Recreation Aide Office Assistant PS-2 Head Lifeguard 6.83 7.17 7.53 7.91 8.31 Recreation Leader Fitness Instructor PS-3 Aquatics Center Clerk 7.17 Water Safety Instructor Recreation Assistant 7.53 7.91 8.31 8.73 PS-4 Recreation Program Mgr. 7.53 Community Center Monitor 7.91 8.31 8.73 9.17 PS-5 7.91 8.31 8.73 9.17 9.63 PS-6 Special Projects Prgm Mgr 8.31 Aquatics Prgm Mgr 8.73 9.17 9.63 10.11 lOC MEMO FROM: City COUl/lcil through City Administrator.~ Public Wrks Program Manager q ~ TO: SUBJECT: Special Transportation Grant Agreement for Fiscal Year 2002-2003 DATE: October 3, 2002 RECOMMENDATION:; Approve the attached r$solution entering into the STF1 08 Marion County Rural Agreement with Salem Area Transit District to receive $20,000 in Special Transportation Fund grant funding. BACKGROUND: The Special Transportl3tion Fund (STF) is derived from a portion of the State of Oregon cigarette tax and dedicated for use in providing transportation for the elderly and disabled. The city's Dial-A-Ride program has been awarded varying amounts of these elderly and disabled transportation grant funds on an annual basis since 1988. The state allocates these funds by formula to each county and in Marion County these grant funds are administered by the Salem Area Transit District. Through the grant application process the City was awarded $20,000 for its Dial-A-Ride Program to provide transportation for elderly and disabled residents of the community. Staff recommends that the resolution be approved authorizing the City Administrator to sign the agreement on behalf of the city. COUNCIL BILL NO. 2418 RESOLUTION NO. A RESOLUTION ENtrERING INTO THE STF-108 MARION COUNTY RURAL AGREEMENT WITH T~E SALEM AREA TRANSIT DISTRICT FOR FY 2002-2003 AND AUTHORIZING THE C~TY ADMINISTRATOR TO SIGN SUCH AGREEMENT. WHEREAS, th~ City of Woodburn applied for State of Oregon Elderly and Disabled Special Tran$portation Fund (STF) grant funding for fiscal year 2002-2003 as approved for under Oregon Statute; and WHEREAS, the City of Woodburn has been awarded $20,000.00 in operational assistance for the Dial-A-Ride program; and WHEREAS, the Salem Area Transit District administrates the Elderly and Disabled Special Transportation Fund for rural Marion County, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOllOWS: Section 1. That the City of Woodburn enter into the STF 108 Marion County Rural Agreement with the Salem Area Transit District, which is affixed as Attachment "A" and by this reference incorporated herein, to secure Elderly and Disabled Special Transportation Fund grant funding for Dial-A-Ride operating assistance. Section 2. That the City Administrator is authorized to sign said agreement on behalf of the City. Page 1 - COUNCil Bill NO. RESOLUTION NO. Approved as to form: City Attorney Date APPROVED: Passed by the Counci~ Submitted to the Mayor Approved by the Mayor Filed in the office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Richard Jennings, Mayor ATTACHMENT "A" Due to thellength of the attachment, it has not been included with the council packet. The attachment is available for review at the Public Works office, in the City Administrator's office, and will be available at the council meeting. MEMO #' To: For Council4--ction, through the City Administrator' From: David TorgeS,,'on, Assistant City Engineer, through the Public Works Director ~ Subject: Authorization to Prepare an Engineering Report on West Lincoln Street. , . Date: October 28, 2002 lOD RECOMMENDATIO~~ It is being recommended that the City Council pass the attached Resolution directing the City Engineer to prepare an e~gineering report to be used for initiating a Local Improvement District on West Lincoln Street. ' BACKGROUND: West Lincoln Street currtlntly has the highest priority for paving improvements among gravel streets of the city. West tincoln Street is identified in the capital improvement program for funding during the fiscal tear 2002/03. Preparations for the surface improvements, including a water main extension, an4 construction of a major storm drain interceptor, are now complete. Financing for the improv~ments will consist of contributions from benefiting property owners (through a Local Improvtlment District), and from General Fund subsidy earmarked by the City Council for paving of gra~el streets. Ordinance No. 2105 outlines the procedures for local improvements and specia1assessments. The ordinance stipulates improvements can be initiated by the City Council when the Council considers it necessary to require the improvements. The procedure requires that prior to the initiation of the local improvement district the Council shall direct the City Engineer to make a survey of the improvement and present a written report. The attached resolution directs staff to prepare an engineering report in accordance with Ordinance No. 2105. The report will include the district boundary; preliminary plans and estimates, including estimated legal and administrative costs and the proposed method of cost distribution. If after review of the engineering report, council elects to initiate the local improvement district, staff will be directed to perform final design ofthe project. Staffwill prepare a resolution of intent to construct the project, for action by the Council. The resolution will set a public hearing to receive input from the affected property owners. COUNCIL BILL NO. 2419: RESOLUTION NO. A RESOLUTION DIRECTING THE CITY ENGINEER TO PREP ARE AN ENGINEERING ~ORT FOR STREET IMPROVEMENTS ON WEST LINCOLN STREE , FROM 450 FEET EAST OF CASCADE DRIVE TO 450 FEET WEST OF K TKA STREET WHEREAS, the Citjy Council considers the street improvement on West Lincoln Street to be necessary and ~neficial; and WHEREAS, a portibn of the cost associated with this improvement project may be allowed to be assesse~ against the benefited properties; and WHEREAS, the Ci1iY Council has established procedures for the assessment process by Ordinance No. 2105; iNOW THEREFORE, THE CITY OF WOqDBURN RESOLVES AS FOLLOWS: The City Engineer is 4lirected to prepare an Engineer's Report in accordance with Ordinance No. 2105 tegarding street improvements on West Lincoln Street From 450 feet east of Cascade Ij>rive to 450 feet west ofKotka Street. Approved as to form: City Attorney Date APPROVED: Richard Jennings, Mayor Passed by Council Submitted to the Mayor Approved by the Mayor Filed in the Office ofthe Recorder ATTEST: Mary Tennant, Recorder City of Woodburn, Oregon IOE October 14, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Council . ~ John C. Brown, City Administrator .JCv Tree Pr,servation Recommendation: Provide additional policy guidance to staff regarding a tree preservation ordinance. Background: On July 22, 2002, you ,considered a staff report and public comments regarding the protection of trees oniprivate property. Councilors provided staff with their preferences regarding tree preservation. You also directed staff to convey your preferences to the Plal111ling Commission, so they could analyze model ordinances, conduct a public review, and recommend appropriate legislative changes. Discussion: Following the July meeting, staff evaluated ordinances of other jurisdictions, to identify model provi$ions that satisfy the Council's preferences. It was staff's intent to develop a model ordinance to present to the Planning Commission to initiate dialog. Legal staff subsequently advised, however, that developing the ordinance through a Planning Commission process could subject the City to claims that the provisions of the document are land use regulations. To avoid such claims, staff developed a draft ordinance that states its provisions are not land use regulations, and present it to you for consideration and guidance. It is recommended that Council retain responsibility for developing the ordinance, through adoption. Attached, for your review are a draft tree preservation ordinance, and a memo from the Assistant City Attorney that summarizes and discusses the various provisions of the draft ordinance. The attached draft ordinance would strictly regulate tree removal, and is likely more stringent than you intended. It is not presented for approval, however, but rather as a reference for further discussion and policy guidance. The Assistant City Attorney's memo identifies some of the policy questions you will want to consider on Monday night, and areas that still require definition. Staff will available at your October 14, 2002 meeting to answer questions, to more fully discuss policy and process implications, and to receive additional guidance on developing the ordinance. JB Memo To: From: Date: Subject: John IBrown, City Administrator Deni~ce Won, Assistant City Attorney September 25, 2002 I Draft rrree Preservation Ordinance Attached to this memo~. andum is a draft tree protection ordinance. I would appreciate it if you would read it ca fully and provide me with any comments or changes that should be made. This memo ndum highlights choices made in the ordinance and provides some explanations for ~hem. The Council may want to make different choices. This draft ordinance is a comprehensive preservation ordinance not just a "significant," "heritage" or "landmark" tree ordinance. It applies to all land that is not within a public right-of-way and that i~ not the subject of a development permit process. This draft lacks penalties provisi$ns. Bob will provide that section later. There are provisions ir)cluded in this draft that exceed the stated objective of the Council. I include them to stimulate thought, based on the idea that's its easier for you to delete or modify ideas. Existing Regulation~ Woodburn currently has two ordinances that regulate trees. Tree removal proposals relating to land use development are regulated through the Woodburn Development Ordinance (WDO). Tree removal proposals related to street trees are regulated by Ordinance No. 1908. Non-development related tree removal proposals on privately or publicly owned properties are unregulated. The proposed ordinance would fill that regulatory gap. A regulatory system of tree protection that is not comprehensive may not protect all trees that the Council may feel merit protection. For example, the WDO requires a developer to plant trees in multifamily, commercial and industrial developments. There is currently no long-term protection for those trees to assure that they become mature trees and an assured community asset. The proposed ordinance protects those trees as well as "landmark" trees (those significant because of size, age, historical significance, etc.). It also protects trees on developable or commercial and industrial lands. Landmark trees are subject to greater protections. How Should Development Approval Trees Be Regulated After Development? Currently, a development approval may require that an existing tree be retained. Additionally, approval will involve required parking area trees and landscape trees. After the development is completed should these trees be protected through the development ordinance or should the trees be protected through a general tree protection ordinance? Some ordinances provide that a tree proposed to be removed that was specifically required to be retained or planted as a condition of approval of a land use action should be processed as a modification to that land use action. There may be a problem in that kind of provision because the tree removal request may occur a number of years after the development approval. The records on the conditions of approval may be difficu~t to find and/or interpret. In addition, the trees may have been retained or planted as part of the application and there may be no "conditions" of the development approval that specifically discuss retained or planted trees. I have drafted this ordinance to provide that once the development is completed, any future removal of trees on the site is subject to this ordinance, not the WOO. What's a "tree" that's: subject to the Ordinance? Some jurisdictions regulate only trees that exist on prop~rty when a development application is filed. Additional jurisdictions also regulate "significant" trees, which I have labeled "landmark" trees. Of those jurisdictions some regulate only significant trees on public property and rights of way and others regulat~ them on private property. The definitions of this what qualifies as one of these signifi$nt trees varies but is usually a large tree. Those jurisdictions that regulate trees on Rrivate property that are not development related tree removals generally exempt developed single family lots. The proposed draft ad~resses all "trees" in the City and requires a tree removal or topping permit before a person may remove or top a tree. To qualify as a "tree" the draft requires a tree to be at least 5-inches OBH or to have been planted as a development or mitiga~on requirement. However, trees on property zoned for single family residential use (f~S and RS1) and on which there is a single family dwelling and which cannot be further divided under the WOO are exempt from the draft ordinance unless the tree is 24-inches OBH or greater. Thus, owners of trees on developed single-family zoned and used lots are not required to obtain permits, except for large trees. The definition of tree size is a fundamental choice. It affects the scope of the tree regulations. The draft defines a tree at a relatively small size to maximize the control the City may have to preserve existing trees. The five-inch size is consistent with several Oregon tree preservation ordinances, although some use a considerably larger size. The larger the tree that is subject to the ordinance the more trees may be removed. Without a tree preservation ordinance a landowner may remove all the trees before they make application for a land development, making ineffectual the WOO development related tree protection regulations. I have set out a provision in this draft that attempts to exempt trees that most people in the community might recognize as undesireable or nuisance trees (the list needs refinement, if used at all). Most ordinances do not have this provision. Work to Be Performed by a Licensed Tree Person. Enforcement is an issue with a tree protection ordinance, which requires that people comply with it or the costs of enforcement will become excessive. Additionally, there is a safety concern with removing and topping trees. Those activities may result in trees or branches falling and injuring people or damaging property, and may damage utilities or block rights of way. To address these concerns the draft ordinance requires that anyone who removes or - tops a tree have a "tree care provider" permit issued by the City, unless the person removing or topping the tree is a resident landowner of a single family dwelling. Improperly maintained and unhealthy trees have an increased risk of breakage or failure which can result in personal injury and property damage. Proper and timely pruning can promote good tree str~cture and health. Topping and other improper pruning techniques can result i~ hazardous structure and decay. The requirements that activities be done by a :tree care provider and that the maintenance be performed according to adopted ~andards of the American National Standards Institute protect against these results. "Removal" Versus "C;utting." The current draft of the ordinance includes a very broad definition of "removal," its not just cutting or digging trees, it includes damaging them in various ways. Trees on Public land. This ordinance applies to all trees not within a right-of-way. It contains no exception for publicly owned lands. Therefore, as drafted, it would apply to City departments as w~1I as private land owners. If an exclusion were made for "public" property, lands owned [by the school district, fire district, state of Oregon, etc. would be exempt. If it is desired to exempt City departments the exemption should be for "city- owned" rather than "PUblic" property. I included city-owned parcels because that would maximize the consistepcy of management of the urban forest and increase coordination. A middle ground would be to exempt trees on publicly owned property, except perhaps the most significant (which I label "landmark" trees in the draft ordinance.) landmark Trees. As noted, landmark trees includes any tree that is significant because of its size, age, historical significance, horticultural or other factor. This draft classifies trees that are 24-inches in diameter or larger as landmark trees. The ordinance includes a procedure for the council to designate smaller trees as landmark trees because some species of trees may be significant to the community but never attain the 24-inch size. This procedure will need some additional thought if you want to retain the concept. An issue is whether the council should be able to designate a tree as a landmark tree without the owner's consent and what additional protections should be given to a landmark tree that are not given others. This draft allows the removal of a landmark tree only if it is dead, dying or dangerous. Replanting Removed Trees. Many ordinances require removed trees to be replanted. There is a wide range of replanting standards. Some base replanting on the trunk size (DBH), others specify certain minimum sizes. A third approach is a combination of canopy size, species value, and DBH in a weighted calculation. This proposed ordinance requires replanting when a person removes a tree, unless the removed tree was dead, dying or dangerous. The replanting provisions are mitigation requirements. The mitigation may be done by replanting on the same property where the removed tree was located, on property owned by the same owner, on an adjacent panting strip, on city-owned property or by paying a mitigation fee. The creation of a "tree fund" financed by mitigation fees could potentially finance a public tree education or other tree program. WOO Amendments R,commended Separately. The WOO contains planting requirements for new development and some protection of existing trees on a development site but it does not contain regulations to minimize impact of construction activity on trees. In the process of developing this draft tree preservation ordinance I have accumulated a number of ideas which could be considered as an amendment to the WOO's regulations applicable when development occurs. Other Applicable Con~iderations. There are state laws applicable to commercial tree cutting that preempt city' regulations as well as laws related to mining. For purposes of this draft I assume thatithere are no commercial forests (forest deferral parcels) or existing OOGAMI permits in the City. - DRAFT TREE PRESERVATION AND PROTECTION ORDINANCE WHEREAS CLAUSE$ The City of Woodburn tcognizes the importance of trees to the character and beauty of Woodburn as well as th role that trees have in advancing the public health, safety and welfare. The City has therefore d termined that reasonable regulation of the removal of certain trees is necessary. The City of Woodburn ~gnizes that specific trees in Woodburn deserve special status due to distinctive form, size, a~, location, species, unique qualities, or historical significance. The City finds and declares that regulation of the cutting, trimming, and pruning of trees within the City will help protect the health, function and value of trees, and prevent dangerous branching conditions that may resdlt in danger or injury to citizens or property. The City recognizes that trees can provide soil stability, noise buffering, and wind protection benefits. The City ofW~odbum greatly values trees for their ecological importance, temperature mitigation, enhanced wildlife habitat and aesthetics. The City recognizes that residents in single family dwellings in single family zones should have the freedom to determine the nature of their private landscaped surroundings. Excessive removal of tree canopy, topping, damages trees and may result in reduced vigor, decline or even death of the tree and in weakened tree structure which may cause injury to persons or damage to property. Improperly performed tree maintenance work, including pruning, cabling, and removal, within an urban environment can cause injury to persons or damage to property by damaging overhead wires, underground wires or conduits. by causing falling objects and may disrupt the flow of traffic on the public rights-of-ways, endangering the public health and safety. Section 1. Purpose The purposes of this ordinance are to: Page 1 A. Maintain tree cov,r within the City to continue to receive the benefits of an urban forest including conserving energy, by providing shade and evaporative cooling through transpiration; improving air quality by absorbing carbon dioxide and ozone, absorbing particulate matter~ and producing oxygen; reducing wind speed and directing air flow, noise pollution, storm ~noff and soil erosion; providing habitat for birds, small mammals, and other wildlife; incIteasing water quality and real property values; and enhancing visual and aesthetic qualities 'that attract visitors and businesses and serve as a source of community image and pride. B. Maintain trees in ~ healthy condition through good cultural practices to reduce risk of breakage or failure ~hich can result in personal injury and property damage. C. Establish and m~tain age and species diversity. D. Promote conserv~on of tree resources. The benefits of trees increase with size and canopy cover. ~erefore, it is in the best interest of the City to protect existing tree resources from 10$s or depletion by restricting the indiscriminate removal of trees in all age classes, and by m~g provisions for replanting. E. Protect water quality, control surface water run-off, and protect ground water recharge. F. Protect persons ~d property from dangers associated with improper tree pruning, removal and topping. G. Ensure that firms performing tree maintenance are qualified and have appropriate liability insurance coverage. Section 2. Applicability of Ordinance A. These regulations are not land use regulations and are adopted under the City's police power to regulate to protect the public health, safety and welfare. B. The provisions of this ordinance shall apply to all land within the City limits. However, any tree activities in the public right-of-way shall be regulated by the provisions of Ordinance No. 1908, and any tree activities associated with a development permit shall be regulated by the provisions of the Woodburn Development Ordinance until the development has been completed and a Certificate of Occupancy has been issued. C. Individual lots that are created by construction of a subdivision, Planned Unit Development or land partition shall be subject to a separate permit for the removal of trees from said individual lot beyond those trees removed pursuant to the subdivision, P .D.D or land partition tree removal permit. Page 2 Section 3. Definitions A. Arborist. Arborist means a person who has met the criteria for certification from the International Socitty of Arboriculture of American Society of Consulting Arborists, and maintains his or h~r accreditation. B. Basal Flare. Basa.1 flare means that portion of a tree where there is a rapid increase in diameter at the jurlction of the trunk and root crown. C. Buildin~ footprintj That two-dimensional configuration of an existing building's perimeter boundaries as m~ured on a horizontal plane at ground level. ; D. Diameter. Diame~er means the length of a straight line measured through the trunk of a tree measured at ~reast height (54 inches, or four and one half feet) from ground level measured from tht uphill side at the base of the trunk. E. DBa Diameter a~ Breast Height. The diameter of the main stem ofa tree. Ifa tree splits into multiple trunli:s below 4.5 feet, the trunk is measured at its most narrow point beneath the split and is cOJllsidered one tree. If the tree splits into multiple trunks below ground, each trunk shall be considered on tree. F. Director. Director means the Community Development Director. G. Limbing. Limbing means the removal of a branch of a tree back to the main trunk of the tree. H. Remove. "Remove" means cutting, felling or severing of a tree, or the intentional use of any procedure the natural result of which is to cause the death of a substantial destruction of a tree. Such acts include but are not limited to the removal of all or 50% or more of the crown, trunk, or foot system of a tree; and damage inflicted upon the root system of the tree by the application of toxic substances, the operation of equipment and vehicles, storage of materials, trenching, unauthorized relocation, change of natural grade due to unapproved excavation, filling, paving, or alteration of natural physical conditions. ''Removal'' does not include normal trimming or pruning of trees, including "pollarding," conducted in accordance with the standards established by the International Society of Arboriculture. 1. Topping. Topping means the severe cutting back of a tree's limbs within the tree's crown to stubs 3 inches or larger in diameter that are not large enough to assume the terminal role. Oth~r names for topping include "heading," "tipping," "hat-racking," and "rounding over." With regard to "fir," "evergreen" or other variety of conifer, "topping" means the removal of any portion of the highest point of the tree. If the tip has curled over, it will still constitute the highest point of the tree. Topping does not include the practice of Page 3 - 'pollarding" when conducted in accordance with the standards established by the International Society of Arboriculture. 1. Tree. "Tree" means any woody plant having at least one well-defined trunk at least five (5) inches DBH. For:the purposes of this ordinance arborvitae, English holly, English ivy, English laurel, phcl>tinia, poison oak, and Rhododendron shall not be considered a "tree." Trees specifically planted and maintained as a hedge shall also not be considered a ''tree.'' K. "Tree Care Provi~." "Tree Care Provider" means a person registered with the Oregon Construction Con,tractors Board to perform tree preservation, tree maintenance and/or tree removal activities~ including but not limited to pruning, tree limb removal, tree or limb guying, and tree ~rti1ization. Section 4. Specially Pt;otected and Landmark Trees A. Specially Protect~ Trees. The following trees are Specially Protected Trees, subject to a higher level of pr6tection than other trees subject to this ordinance. (1) Trees pl~ted or retained to meet requirements of the Woodburn Development Ordinanqe or its predecessor regulations, a site development permit, or a specific conditiorl of development approval~ (2) Any mitigation tree planted pursuant to this ordinance; and (3) Any Landmark Tree designated pursuant to subsection B of this section. B. Designation ofL..ndmark: Trees. (1) Any tree over 24-inches DBH or greater shall be a landmark tree. (2) The City Council, planning commission, a property owner or any person may nominate a tree smaller than 24-inches DBH to be designated as a landmark tree. (3) The Director shall notify each property owner when a tree on the property owner's property has been nominated for designation as a landmark tree that a public hearing will be held on the proposed designation. The notice shall be mailed at least seven (7) days before the public hearing. (4) A tree may be designated as a landmark tree upon a finding that it is unique and of importance to the community due to any of the following factors: (a) It is an outstanding specimen ofa desirable species; Page 4 (b) It is one of the largest, relative to species, or oldest trees in Woodburn; ( c) It possesses distinctive form, size, age, location or other unique qualities. (d) 1lte tree has a documented association with a historical figure, property, or significant historic event. ( e) ~e tree is significant due to a functional or aesthetic relationship to a n~tural resource, such as trees located along stream banks. (f) The tree's health, aerial space, and open ground area for the root system h~ve been certified as sufficient by an arborist. (5) After cm,mcil approval of a landmark tree designation, the Director shall notify the property iowner( s) in writing. A listing of trees so designated shall be kept by the Director. (6) Once de~ignated, a landmark tree shall be subject to the provisions of this Ordinan4e unless removed from the list of landmark trees by action of the City Council. . The City Council may remove a tree from the list of landmark trees by action of the City Council upon its own motion or written request by the property . owner. Section 5. Tree Removal or topping Permit Required. A. Permit Required. No person shall remove or top any tree without first obtaining a tree removal or tree topping permit. B. Tree Removal or Topping Permit Exceptions. Notwithstanding subsection A of this section, no tree removal permit is required for the following: (I) Single Family Residential Uses. To remove a tree smaller than twenty-four (24) inches DBH located on a lot or parcel that has a single-family dwelling on it; and is located in a RS or RI S zone pursuant to the official City of Woodburn Zoning Map, unless the tree is a specially protected tree. (2) Nuisance Trees. No tree removal or topping permit is required for any of the following species which are considered a nuisance. (a) Acer plananoides, Norway maple (b) aelanthus altissima, tree-of-heaven ( c) Dex aquafolium, English holly, (d) Prunus Laurocerasus, English, Portugese laurel Page 5 (e) Conium maculatum, poison hemlock (f) 4lbumum watereri, golden chain tree (g) Poplar (h) Sycamore (3) Emer e 'ies. Tree removal made necessary by an emergency in order to prevent imminen threat to public safety, injury to persons, or damage to property, and it is impracti~al due to the emergency to apply for a permit. (a) ~er-the-Fact Tree Removal Permit Required. Within seven days after the ntee removal, the tree owner shall make application for an after-the-fact permit. (b) "mer en ." For purposes of this subsection an emergency is an u planned or non-routine event, such as windstorm, flood, freeze, utility d~age or other like disasters, which by its nature requires prompt or upmediate action to reduce the risk of injury to persons or damage to property. ( c) qity Abatement. If the City Engineer determines that an emergency exists and that the safety of the traveling public or the integrity of a public street and associated improvements may be at imminent risk from any tree on private property, the City Engineer may order or effect the removal of the t(ee without a permit. The City Engineer's decision that an emergency exists is not reviewable. (d) Permit Fee Waived. The application fee for a tree removal permit shall be remitted to the applicant if the emergency condition has been adequately verified (e) Photograph Emergency Conditions. The tree owner shall photograph the tree showing the emergency conditions and then may proceed with the removal of the tree to the extent necessary to avoid the immediate hazard. If the evidence and information presented by the tree owner do not meet the criteria for an emergency tree removal permit set forth in this section, the application shall be denied and the tree owner shall be subject to penalties and to the mitigation requirements of this ordinance. (4) City Util~ty or Road Work. City utility or road work in utility or road easements, in utility or road right-of-ways or in public lands unless the tree is a specially protected tree. Page 6 (5) Nuisance Abatement. The City is not required to apply for a tree removal permit to undertake nuisance abatement. However, the owner of the property subject to nuisance abatement is subject to all the provisions ofthis Ordinance. D. Tree Care Provid~ Required. All tree pruning and tree removal and tree topping functions shall be performe . by a "Tree Care Provider," unless performed by a resident of the City on a tree located on t~e property on which the resident resides. Before performing tree pruning and/or tr~ removal topping services within the City, a Tree Care Provider shall be registered with th~ City. The Tree Care Provider shall agree to comply and perform all work within the city in accordance with the American National Standards Institute A-300 standards, relating to tree care. E. Burden of Proof. iIn any action under this ordinance or to enforce the provisions of this ordinance, the pr~erty owner or authorized representative has the burden to prove that the criteria for grantiJt a permit are satisfied or that removal is allowed without a permit. Section 6. Delegation of authority. The authority to review and approve tree removal permits is granted to the Community Development Director who is authorized to consult an arborist as the Director deems nece$sary. Section 7. Application Submittal Requirements A. A person seeking to remove or top one or more trees shall apply to the Director for a tree removal or tree topping permit before removing or topping a tree unless the tree is subject to one of the exceptions in Section 3. Where the tree is on a lot or parcel proposed for development necessitating a development permit, removal of the tree shall be reviewed as part of the land use development application pursuant to the W oodbum Development Ordinance. B. Applications for tree removal or topping permits shall be made on forms to be prescribed and furnished by the Director and contain the following information: (1) The applicant's name, address and phone number. (2) The property owner's name, address and phone number, if different from the applicant's. (3) A statement of the reason for removal or topping. (4) A tree survey which describes the number; size (DBH, height and crown spread); species (common and scientific); health (foliage, vigor); condition (structural integrity); of all trees on the lot or parcel; and identifies all trees to be cut. Page 7 ~ (5) A map at a minimum scale of 1 inch equals one hundred feet, that locates all property ~oundaries; utility services and all easements; trees; drainage ways; wetlands~ surface water; structures; and other improvements, including impervious surfaces; on the property. (6) A tree rebloval plan which shall identify each tree to be removed; and describe propose~ replanting mitigation measures and protective fencing or markings around other trees or spaces to protect surrounding vegetation and other . I protectIv~ measures. (7) The timei and method of cutting or removal. (8) Any oth€t information reasonably required by the City; (9) An applicl:ation to remove a tree shall not be complete unless accompanied by a payment of the prescribed fee. C. Marking Required. Trees proposed to be removed or topped shall be identified for field inspection by means of flagging, staking, paint spotting or other means readily visible but not detrimental to a healthy tree. If the distance from closest point of the trunk to the nearest rear or side property line is twenty-five feet or less the applicant shall mark or stake the property line( s) so that it is readily visible. Section 8. Permit Review Process A Completeness Review. The Director shall review applications for conformance to the provisions of this Ordinance and either accept as complete or return for revisions. B. Arborist Report. The Director may retain an arborist to prepare a tree condition report to determine the condition, life expectancy and prognosis of the tree and to recommend appropriate removal or topping procedures and conditions of approval. The applicant shall reimburse the City for all costs related to the preparation of the report. C. Final Decision. If the application is accepted as being complete, the Director shall issue a final decision containing a brief statement of findings of fact concerning conformance with the approval criteria in section 9 of this ordinance. The Director may approve, approve with conditions, or deny the application. D. Permit Issuance. If the decision is to approve any application, except an emergency, dangerous, dead or dying tree removal permit, the Director shall not issue the permit until notice has been posted according to subsection 4 of this section. A Director's decision to approve an emergency, dangerous, dead or dying tree removal permit shall be final and not subject to the notice and appeal provisions of this section. Page 8 E. Notice. An applicant for a permit shall post notice on the property in a location clearly visible from the street nearest the tree. The notice shall state that a tree removal or topping permit is pending for marked trees on the property, shall include the date of posting, and shaij state that the tree cutting permit can be appealed within fourteen (14) days of the date (>fposting by filing a written notice of intent to appeal with the Director. The applicant sh.n file an affidavit of posting and marking once the property has been posted and the t*es have been marked pursuant to this section. The tree cutting permit shall not be issu~ for fourteen days from the date of filing of the affidavit of tagging to allow for appeal.! The applicant shall maintain the posting and tagging for the full fourteen days. F. Appeal. (1) Any perspn may appeal a Director decision to approve a permit by filing a written notice of'intent to appeal, along with the applicable appeal fee established by the City Council, within fourteen (14) days of the filing of the affidavit of posting pursuant to subsection 4 of this section. Failure to file within the fourteen day appeal p~riod shall preclude appeal. If no appeal of a decision to approve a tree permit is. filed within the fourteen day appeal period, the decision is final and the applicant may cut trees in accordance with the approval, subject to any conditions in the approval decision. (2) An applicant for a tree removal or topping permit may appeal denial ofthe permit by filing a written notice of appeal along with the applicable appeal fee established by the City Council, within fourteen (14) days of the date of denial. (3) The appeal shall be heard by the City Council, which shall hold a public hearing on the appeal. The City shall send written notice of the hearing to the applicant, the appellant if different from the applicant, at least ten (10) days before the hearing. Appeals shall be heard no later than sixty days after the date the appeal was filed, except that the applicant may request a hearing at a later time. G. Revocation for :tdisrepresentation. The Director may revoke a permit upon determination that the facts provided in the application are false or misleading. The misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, justification for issuance of permit, or owner's authorized signature. The revocation is effective upon delivery of the notice to the property owner. The property owner may appeal the revocation pursuant to the appeal provisions of this section. Section 9. Criteria. Page 9 A Mandatory Issuaflce of Permit. The Community Development Director shall approve a tree removal pednit upon substantial evidence that the tree is of the following: (1) DangerOl~s Tree. Removal of the tree is necessary because the tree is dangerous. "Danger~us" means a tree that is cracked, split, leaning or physically damaged to the degr* that it is likely to fall and injure persons or property and such hazard or danger c4nnot reasonably be alleviated by pruning or treatment of the tree. Dangero*s tree includes trees with a disease that, without reasonable treatment or pruning,tS likely to spread to adjacent trees and cause such adjacent trees to become iseased or dangerous trees. Except in an emergency, an application for removal f a dangerous tree shall include an arborist report verifying that the tree is dangeq,us and the danger cannot be alleviated by pruning or other treatment of the tree. . (2) Dead or Pring Tree. The Community Development Director shall approve a tree removal permit upon substantial evidence that the tree is dead or dying, except as provided in subsection c. of this subsection. (a) A. "dying tree" means that the tree is in an advanced state of decline ,*cause it is diseased, infested with insects or rotting and cannot be saved ~ reasonable treatment or pruning, must be removed to prevent spread of t~e infestation of disease to other trees, or less than ten percent of the a-own is alive. . (b) <<Dead" means that the tree is lifeless. Evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. ( c) The Community Development Director may require the retention of a dead or dying tree located in wetlands, na~ral areas, stream corridors, parks or open space areas, in order to provide for wildlife habitat and natural processes, unless the tree presents a potential hazard to persons or property . (3) Necessary to Access Utility or Right-of-way. Removal of the tree is necessary to provide safe and adequate access to utility service, utility drainage, or right-of- way. (4) Harmfu1 To Landmark Tree. Removal of the tree is necessary because it is detrimental to or crowding an adjacent landmark tree. (5) Harmful To Existing Building. The trunk of the tree to be removed is touching or the basal flare is under the building footprint of an existing building, causing or Page 10 threatening to cause damage to, but not limited to, the foundation, eaves, or gutter. B. Discretionaty Issl1ance of Permit. The Director may issue a tree removal permit for a tree that is not dangetous, dead or dying upon substantial evidence that the following criteria are met: I (1) The rem9val of the tree is necessary or desirable for one of the following reasons: (a) ptovide solar access and pruning the tree would not provide adequate solar ~ess, (c) promote the health of trees in the area, or r~sponsible property management, taking into consideration scenic, a~sthetic, ecological, wildlife, and similar values; and (b) (2) Removal: of the tree will not have a significant negative impact on the health and stability <>f nearby trees or existing windbreaks; and (3) For tree~ on parcels larger than one acre the Director shall consider, in addition to the abov~ criteria, whether the tree removal is consistent with the preservation of the site' ~ future development potential and preservation of important natural values C>nsistent with the following factors: (a) Wooded areas associated with natural drainage ways and water areas should be retained to preserve riparian habitat and to minimize erosion; (b) Wooded areas that will likely provide an attractive on-site amenity to occupants of future developments should be retained; ( c) Wooded areas along property lines should be retained to provide buffers from adjacent properties; (d) Trees should be retained in sufficiently large areas and dense stands so as to ensure against windthrow; ( e) Clear cuts of developable areas should be avoided so as to retain a wooded character of future building sites, and preserve housing and design options for future city residents. Page 11 C. Specially Prote~d Trees. The CommunIty Development Director shall not approve a tree removal or topping permit for a Specially Protected Tree unless the tree meets one of the following criteria: (1) The tree dead, dying or dangerous. (2) The tree Jieeds to be removed to construct proposed public improvements and no practical Wternative exists without significantly increasing cost or inconvenience, or reducipg safety. . (3) The tree ~as lost its significance due to damage from natural or accidental causes, or for sotne other reason it can be established that it is no longer of historic or natural s~cance. Section 10. Tree Topping and Limbing Prohibitions A. No person shall top a tree without a permit. B. No topping permit shall be granted to remove more than twenty-five percent (25%) ofa deciduous tree's leaf bearing crown, and no topping permit shall be granted for a conifer tree, unless the tree satisfies one of the following conditions: (1) The tree has been severely damaged by storms or other uncontrollable causes; (2) The tree is located under utility wires or other obstructions making normal pruning practices impractical; (3) The Tree has previously been topped and trimmed to maintain a visual screen or perform a similar function. B. Tree pruning does not require a permit, however, no person shall limb a tree in any manner that removes more than 30% of the existing limbs. Section 11. Tree Replacement Requirements A. If the Director authorizes removal of a tree because it is dead, dying or dangerous no replacement tre~ is required. In all other cases the applicant shall replace the removed tree as mitigation at his own expense in one or more of the following ways. (1) On-site Mitigation. As many trees as possible will be replaced on the property where the removed tree was located. Page 12 (2) Street T*e MitilZation. A replacement tree(s) may be planted in the public right- of-way atljoining the property where the tree to be removed is located, in accordance with Ordinance 1908. The Director shall consult with the City Engineer to avoid conflict with current and future utilities. (3). Off-site ti ation. If there is insufficient available space on the subject property and/or a ~acent right-of-way, the replanting required in subsection (1) shall occur on other roperty in the applicant's ownership or control within the City or in a city own~d or dedicated open space or park. Such mitigation planting is subject to the appr~val of the authorized property owners. If planting on City owned propertyJ the City may specify the species and size of the tree. Nothing in this section *all be construed as an obligation of the City to allow trees to be planted on City ~wned or dedicated property. I (4) In-Lieu' fMiti ation Fee. Ifno suitable place for a replacement tree(s) exists on the prop rty where the tree to be removed is located or if the applicant chooses to pay the .tigation fee rather than plant a replacement tree, the applicant may, in lieu of p~ting, pay a mitigation fee into the City's tree fund an amount of money of the replacement trees that would otherwise be required. B. The objective in replacing trees shall be to replace to the maximum extent feasible the canopy lost as a result of removing the tree(s). Replacement of removed trees shall comply with all the following requirements. (1) Replacement trees shall be a minimum of two and one-ha1f(2~) DBH. The quantity of replaced trees shall equal one tree the same DBH or a combination of trees with total of one-inch ofDBH per each inch of diameter of the removed tree(s). However, if the removed tree is a specially protected tree it shall be replaced with a 48" box size tree. (2) The replacement tree shall be planted within one (1) year of permit approval. (3) The quality ofall replacement trees shall conform to the standards of the American National Standards Institute Z 60.1-1990 Specifications/or Acceptance 0/ Nursery Trees at the time of delivery in all ways. (4) The species of the replacement tree shall be the same as the removed tree unless the Director determines, based on the arborist report, that another species would be more suitable for the location considering, but not limited to, the long term health of the tree, its compatibility with adjacent uses and design considerations. Page 13 C. If any replacement tree dies within three years of the planting, the property owner shall replace the tree. Section 12. Authority to Impose Conditions of Approval. The Director may attach conditions to the approval ofa penpit if the condition is reasonably related,to preventing, eliminating or mitigating a negative im act or potential impact on other trees, natural features or processes or on the built'environment 0 the neighborhood which is as created or contributed to by the approved tree removal to ensure he replacement of trees, landscape or otherwise reduce the effects of the tree removal, to limit th time and nature of the removal, to specify specific mitigation measures, erosion control, or oth reasonable conditions to assure the purposes of this ordinance and the approval criteria will be ~tisfied.Conditions of approval may include, but are not limited to: A. Requiring the tr~e to be replaced; B. i Cutting a tree orl stump flush with the grade or leaving a snag instead of grinding or fully removing a stump to mitigate address impacts on including but not limited to soil erosion, soil stability, floW of surface water, and wildlife habitat. C. Requiring vegeuj.tion not requiring a tree removal permit to remain in place or be planted; D. Requiring the re~oval of injurious or noxious vegetation (such as English Ivy) from the property. Section 13. Duration C)f Permit Validity. Tree removal or topping permits shall be valid for a period of 90 days. If tr~ removal or topping is not complete within 90 days, including, but not limited to, the removal and disposal of trees and debris a new permit must be applied for. A 60 day extension shall be automatically granted by the Director if an extension is requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be granted. Permits that have lapsed shall be void. Trees removed or topped after a permit has expired shall be a violation of this Ordinance. Section 14. Disclaim Liabnity. Nothing in this ordinance shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any ofits officers or employees, nor to relieve the owner of any private property from the duty to keep any tree on his property or under his control in such condition as to prevent it from constituting a hazard. The person in possession of public ~roperty or the owner of any private property shall have a duty to keep trees upon the property and under their control in a safe, healthy condition. Except as provided in Section 5., any person who believes a tree located on property possessed, owned or controlled by them is a danger to the safety of property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on-site or off-site shall secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm. Page 14 Section 15. Tree Car., Provider License. Any person, firm or corporation engaged in the business of removing or topping trees within the City of Wood bum, shall: A. Secure an annual Tee Care Provider Permit to do so from the City Recorder. This permit is in addition to ~ other business licenses required. B. Carry public liaWity and property damage insurance covering pruning, trimming, topping or removing tr~! s, in a minimum amount to be established by the City Council and policies or certificates th reof shall be filed with the City Recorder before the permit is issued and the person shall eep said insurance in full force and effect during the term of the permit. C. Sign an affidavi~ stating that he/she has received and read the Tree Protection Ordinance and the most reqent ANSI A 300 Standards and that all work performed will be consistent with these docu~ents. Such affidavit shall be completed and submitted when making application for qr renewing a City Tree Care Provider License. Section 16. Tree Fun4. A tree fund is hereby established as a depository for tree removal fees and penalty monies. Such monies shall be placed in an interest bearing account solely for the purpose of funding tree replacement and maintenance on public property and public education on care and maintenance of trees. Section 17. Violation. A. Evidence of Violation. (1) If a tree is removed without a tree removal permit, a violation may be determined by measuring the stump. The top diameter ofa stump less than 4.5 feet tall shall be considered the DBH of an illegally removed tree for the purpose of calculating mitigation. A stump that is 5 caliper inches or more in diameter shall be prima facie evidence of a violation of this Ordinance, except for properties zoned RS or Rl S with an existing single family dwelling, in which case a stump that is 24 caliper inches or more in diameter shall be considered prima facie evidence of a violation of this Ordinance. (2) Removal of the stump ofa tree removed without a tree removal permit prior to the determination provided in subsection a. of this section is a violation of this Ordinance. (3) Proof of violation of this Ordinance shall be prima facie evidence that such violation is that ofthe owner ofthe property upon which the violation was committed. Prosecution of or failure to prosecute the owner shall not be deemed to relieve any other responsible person. Page 15 (4) Tree removal or topping caused by natural weather conditions shall not be deemed a violation of this Ordinance and shall be exempt from all penalties. (5) As soon;as a violation is determined, the Director shall notify the property owner in writint regarding the mitigation requirements of Section 11 of this Ordinance. Within tJIllrty (30) days of the date of mailing of this notice, the property owner shall subprit a tree removal application in accordance with Section 7 and enter into a mitigat,ton plan approved by the Director. (6) Upon re~ipt of information that a violation of this ordinance may have occurred the Co~unity Development Director may consult an arborist to evaluate the damage to a tree and/or make recommendations to remedy the violation. Upon evaluati~g these recommendations, the Director may require that the property owner ~plement the recommended measures. B. Separate. Conti*uing. and Cumulative Violations (1) Any per$on who removes a tree in a manner prohibited by this Ordinance commits a separate violation for each tree so removed. Each day any such violation continu~s shall constitute a separate offense. (2) Any per$On who fails or refuses to comply with any condition of a permit issued under this Ordinance commits a separate violation for each condition for which the person does not comply for each day of non-compliance. (3) The rights, remedies, and penalties provided in this Ordinance are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under other provisions of law. Section 18. Penalties. TIllS SECTION IS RESERVED. Page 16 t City of Woodburn Police Department lOF STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Date: October 8, 2002 Scott Rns$ell, Chief OfPOlicec/ From: Through: Mayor an1 City Council ~ John BroWn, City Administrator# To: Subject: Intergove~ental Agreement - Traffic Safety Grant Award Recommendation: The City Council approve receipt and allocation of grant awards for traffic enforcement, and approvp the intergovernmental agreement between the Oregon Department of Transportation, Transportation Safety Division, through the Oregon Association of Chiefs of Police, and the W oodburh Police Department. Beginning in 1993, the Oregon Department of Transportation (ODQT), Transportation Safety Division, has supplemented local law enforcement agencies through overtime reimbursement for seatbelt enforcement and more recently DUll enforcement. The Oregon Association of Chief's of Police now administers the grant for ODOT. ODOT realizes increased traffic enforcement reduces traffic accidents; and also understands local agencies limited funding to provide some police services. Through this understanding, ODOT has set aside special funding to reimburse local efforts for enforcement oftraffic laws, particularly safety belt, speed, and DUll. Through grant funding, police officers will be able to enforce traffic laws without having to be called to other police business. Public attention about traffic safety will be gained, data about safety belt use will be gathered, and hundreds of traffic enforcement hours will be added. The expected result will be decreased deaths and injuries from motor vehicle crashes due to safety seat belt, DUll, and other traffic enforcement.. In August of this year, the Woodburn Police Department applied for a seat belt grant, titled Three Flags Grant, and a DUll Traffic Safety Grant. In September 2002, the Woodburn Police Department was awarded the two traffic safety grants totaling $7,000. The grant monies will become available on October 1, 2002, and must be expended by September 30,2003. Woodburn Police Department is obligated to meet the goals of the grant as provided in the Grant Objectives (attached) to qualify for overtime reimbursement. The funds used to reimburse local efforts are federal transportation funds. The reimbursement will allow us to assign officers to approximately 220 hours of additional patrol time through out the city. The Motorcycle Traffic Team will be the primary users of overtime grant funds. ....<( ~ /?[{'IJ //! ~1'------. Traffic Safety Grants 2002-2003 Safety Belt General Information Congratulations! Th~ enclosed contract indicates the level of grant awarded your department for SafetY Belt overtime enforcement. This year, $418,000 "'fas available to allocate. Because we have fewer departments participating this yecir, nearly every department will receive their requested amount. If you have requested.. large amount, please be sure to keep in mind the match requirement that, for every hour of overtime, there must be two hours of straight time committed. If you ftild you cannot meet that requirement, please contact us and an appropriate adjustment will be made. Your thoughtful planning of your overtime usage for the year is appreciated and resulted in more realistic requests. Please refer to that planning tool throughout the year. There has been some confusion because the Safety Belt grant money will come from two separate federal grants. The allocation committee discussed how the funds could be more easily allocated, and how to simplify the report process. Those who planned for each grant, thank you! It was decided that, once the second grant is assured (sometime after November 1), each department will be put into one or the other of the grants. They are identical in administration. You will be sent claim/report forms SOQn after that and they will indicate which grant will apply to your department. You may start using your grant right away (the grant year is October 1, 2002 - September 30,2003). For me to easily communicate with all who are responsible for the administration of your overtime grant, please provide email addresses for anyone who should receive information; i.e. Chief, grant administrator, etc. You may send that information to me: Karlyn@victorygrp.com 1320 CAPITOL ST N E SUITE 150 Have a great grant year! SALEM. OR 97303 503.315-1411 800.784.2867 FAX: 503.315.1416 Sep.l0. 2002 11:40PM NO.U6/:1 1". 0/:1 2002-2003 .safety Belt Grant Objectives LA W ENFORCEMENTiAGENCY OBLIGATIONS: The following wI1l be ~rmed during effed:fve agreement dates: 1. To provide overti~ traffic enforcement on a year-round basis and during the scheduled Three Rags Campaign. blitz ~ with emphasis on safety belt, speed and DUll laws. ~. Each participating ~pattment will send a ~~tive ~ the Three Rags Campaig~ W~~ps=_. Blch participating shan attend one of the workshops. Depa~ with fewer than six ~ offi<El'S W111 only be . uired to paltidpate In one WOJ1cshop. . i 3. All dfflcets receMngj JJI(eI'tjrne pay must mmplete a safety belt training course or have completed !:he two~hour train~'ng 'urse, -Safety Belt Training Course for Ponce OffICel"S'" since 1996, which can be presented by in an area cnnvenieot to the department or through the Department of PubUc Saf~ Stand~~~lnlng. The agencv Is responsible for training time of officers partidpating In the overtime enfor...."II--r... program. 4. OffIcers will be permitted and encouraged to issUe mtdliPle citations to drivers who have rommitted several viotatioI1s. For example; -exceedlng maxlmutn speed'" and ~nUte to wear a safety belt. s... The agCJlQ{ Win conduct observed~ surveys at the beguming and end of eadl grant year as well as at the beginning and end of each of the Three Flags campaign bUtz periods. Departments will be ~couraged to ~ senior volunteers or reserves whenever possible., 6. 1M OOenq' \VlU Infi:ltm ~ news media of blitz activities and aniud. enhanced media efforts before and.after ~ enfQfCel'llent ~ period. 7. The Zlgency mll report Three ~ Campaign blitz adMlJes and resulfs following each bllb; period to the oregon ~ Ot~ of PolIce IstIog baffle enroo:ement ad:ivil:l' as shown on the appropriate reporting form, whidl Will be provkfed b) each department upon approvaf of Its grant 8. The agency agree$ ttl document traffic enforamt~ using straight-time hours by non-federally funded officers, at t.wic:e U1t number of hours wbmitb!d for overtime reimburnerne(ll: under this Agreement. This wJU be repoctfllS as the local matdl tor the department. 9.. ObJ~es: . To inaease restraint usage to 91% by September 30th, 2003. _ To increase awareness and rompUance with child restraint laws. I" ToJaf tootact objectives (warnings and citations) per overtime hour work.ed = 2 10, OVertime hours wtIl be paid at a rate of $30 per hour. 1320 CAPITOL ST NE SUITE 150 SALEM. OR 97303 SOJ.31H411 800.7&4.2867 FAX: 503.315.1416 Sep.IO. 2002 11:40PM NO.U;j/~ ~. I/~ Safety Belt/Three Flags Traffic Safety Grant 2002-2003 Application Cover Sheet Department: Address: L40rH) Bu-RNr :\) . c970 i-''vi. 0""':: T (;:, o.,"'1f:: R 't sr vJoo i) '?-.d ~N , OR.. Cr707/ . Phone: Fax: So:~-9~~-~3 70 ;?{.._f}Le.-<L. Chief of Police: v '$;,,~~ 0 { t<u.. "...L'--. Other authorized signer: (d~ned by OtIef for reports only) ~.' t:::::- Email ; Amount RequestEJd: Amount Granted: l-J " nOO ... ) t 4 ~ roo . I~ On a separate sheet of paper, please describe how you plan to administer the funds you are requesting.. Please explain, In demll, the proposed schedule for overtime usage. (Provided is a Grant Usage form, which should be returned with your application.) PI~ l'Elmember th.;at you ~re r~quired to partidpate in at least tme of the three sd1eduled "Three Flags Dlia"" campaigns. Please also c:onsider the willingness of your officers to work the overtime grants. . Be S,U~ to refer to the terms of the: grant and understand the requirements. (grant pays $30/hour) (to be ffiled in by Project DIrector) 1320 CAPITOL ST NE SUlTE 150 SALEM, OR. 97303 503-315-1411 800.784.2867 FAX: 503.315.J416 Fqr your financial department: Federal Funds CFDA # 20,600 Traffic Safety Grants 2002-2003 DUn General Information Congratulations! rpe enclosed contract indicates the level of grant awarded your department for DUll overtime enforcement. This year, over $35$,000 was submitted for grant requests. With only $292,500 available, there wa$ a challenge! The allocation committee deliberated each request and evaluated size of community, traffic patterns and previous grant history in determining each grant. Your thoughtful planning of grant usage over the year was appreciated and resulted in more appropriate levels of requests. Please refer to that planning tool throughout the year. There are a number of new departments participating this year and a few who aren't continuing. The committee tried to preserve each grant at least at the previous year's level, unless a lower amount was requested. You may start using your grant right away (the grant year is October 1, 2002- September 30,2003). Report forms will be sent later. Please keep in mind your goal of increases in arrests/citations for impaired driving, which may not always be alcohol related. It is important to schedule your overtime when it is most likely to get results. For me to easily communicate with all that are involved in the administration of your overtime grant, please provide me with the email address for everyone who should receive information; i.e. Chief, grant administrator, etc. You may send that to me at: Karlyn@victorygrp.com Have a great grant year! 1320 CAPITOL ST NE SUITE 150 SALEM. OR 97303 503.315-1411 800.784.2867 FAX: 503.315.1416 DUll Traffic Safety Grant 2002-2003 Application Cover Sheet Department: L.J (01) ~t. ) R i'-JPb Address: 2) 7 P ~"-1 0 IN'TGnVVi r R.. 'I S 7- ~CODT3t,Rf" nt<_ Q?07 K Phone: J03~~~-d34S Fax: <;z),1- 9~;)-;;i..170 <:.'"-. __-_. - ~ -":) _ " 11 -:_ ---yC.fi-;'tt- f ). ll.(~ "\~ L.x ~. signature '_ Set"]+\- h.K0SSEU.--' printed na!JIe D E-6 B i e. H _ 'Iou. vY\o..p S signature .. Ij::i~ tJ .-zf"~" - printed name - . Chief of Police: Other authorized signer: (determined by Chief for reports only) Email : Amount Requested: Amount Granted: <"~) nOO $3COO ~ On a separate sheet of paper, please desaibe how you plan to administer the funds you are requesting. Please explain, in detail, the proposed scheduie for overtime usage. (Provided is a Grant Usage form, which should be returned with your application.) Indude such things as seasonal needs in your community, extraordinary events that usually result in higher than usual DUll infractions, evidence that prior Dun grant funds have made a difference (if you have had grants in previous years) and willingness of your officers to work the overtime grants. (grant pays $30/hour) (to be filled in by Project Director) Be sure to refer to the terms of the grant and understand the requirements. For your financial department: Federal Funds CFDA # 20.600 lOG October 14, 2002 TO: FROM: SUBJECT: Honorable Mayor and City Counci~ ~ John C. Brown, City Administratof-.-.-A:/~ ~eduling the November 11,2002 City Council Meeting Recommendation: It is recommended the City Council reschedule its November 11, 2002 meeting to November 12, 2002. Discussion: November 11, 2002 is Veteran's Day this year, and is recognized as a City holiday. To avoid meeting on the holiday, it is recommended that you reschedule your November 11,2002 meeting until November 12, 2002. With your approval, advance notice of the change will be provided to the public through the press, and an announcement at the October 28, 2002 meeting. JCB lOH Septemper, 2002 1 TO: City Managers, Administrators and Recorders FROM: JoAnn Ghelfi, Conference Manager Enclos~ are the voting deleaate and eauipment exchange forms for the Leabue's annual conference. These forms should be completed and returne~ to the League office by Friday. October 25. The eqqipment exchange provides you the opportunity to advertise for sale any surplus equipment, autos, etc. you may have, as well as to make known your interest in purchasing a specific item. Responses received will be displayed on a bulletin board near the League's registration desk during the conference. The voting delegate form, when returned to the League, tells us who will be voting for your city during the Annual Business Meeting on Sunday, November 10. Please note that delegates may not vote without a voting card, and voting cards will be issued only to the person listed on the voting delegate form. Voting by proxy will not be permitted. The voting cards will be available the morning of the 10th, just prior to the business meeting. Thanks! Enclosures JG/rsb M:\I.OC\LOCCONFI2Oll2\eqUiplc deleg Ill" fnn.wpd Worki1lg together for livable Oregon communities . League ofOrreon Cities 7"P" ANNUAL CONFERENCE and BUSINESS MEETING November 8 -10, 2002 - Portland Marriot Downtown Designation of Voting Delegate at Annual Business Meeting The annual business rn+eting will be held Sunday, November 10, at 8:30 a.m. Each city is entitled to cast ~ vote at the business meeting; however, all city officials are encouraged to attend. Use this form to indicat~ those persons who will represent your city as a voting delegate and alternate ~elegate. The voting delegate or alternate should pick up a voting card at the Conti rence Registration Desk on Sunday morning prior to entering the business meeting.' OTE: Del ates ma not vote without a votin card and votin cards will be issu onl to a erson indicated on this form. Votin b ro will not be oermitted. FOR THE CITY OF VOTING DELEGATE Name Title ALTERNATE Name Title Submitted by (Signature) Return by October 26 to: League of Oregon Cities P.O. Box 928 Salem, OR 97308 Name Title Telephone Number M:\L()(N.~delegllrfnn.wpd 14A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Subject: October 14, 2002 Honorable Mayor and City Council thru City AdministratoJtP Jim Mulder, Director of Community Development M Communfu. Development Director's Action on Dl..ign Review 02-07 to expand a~ existing medical clinic. On October 10, 2002, t~e Community Development Director approved a Design Review request to expand thei Woodburn Legacy Clinic (medical clinic) located at 1002 N. Soones Ferry Road. This decision is final unless the City Council calls this decision up for review. Date: To: From: Applicant: Eckelman & Company 4529 SE 67th Avenue Portland, OR 97206 Property Owner: Legacy Clinic, LLC 1015 NW 22nd Avenue Portland, OR 97210 NATURE OF APPLICATION: The applicant requests administrative design review approval to expand the existing Woodburn Legacy Clinic medical office. The expansion will provide additional space for offices, examination rooms, and a conference room/lounge. RELEVANT FACTS: The subject site is located at 1002 N. Soones Ferry Road, further identified on Marion County Assessor Maps as Township 5 South, Range 1 West, Section 7CA, Tax Lot 400. The size of the property is 1.35 acres (61,185 sq. ft.) and is relatively flat. The subject property is zoned Commercial Office (CO). A single split-zoned property abuts to the east and south sides of the subject site; the portion of this abutting property to the east is zoned CO, and the portion of this property to the south is zoned Single- Family Residential (RS). N. Soones Ferry Road extends along the west side of the site, and the property on the opposite (west) side of N. Soones Ferry Road is zoned Public/Semi-Public (P/SP). The adjacent sites to the north consist of a dental clinic, medical clinic and the Woodburn Ambulance service. The single property to the east 1 and south consists of a church (First Presbyterian); the buildings are located on the southern portion of this property, and the portion located to the east of the subject site is currently vacant. French Prairie Middle School is located to the west of the subject site on the opposite side of N. Soones Ferry Road. The proposed expansior consists of a 780 square-foot addition to the north side of the building for new offic~s and medical examination rooms. There is currently an unenclosed roof cover along this side of the building which the applicant proposes to retain as part of the ad~ition. The expansion also consists of a 208 square-foot addition on the east (rear) side pf the building for a conference room/lounge; this portion of the addition will also take place under an existing unenclosed roof cover which is to be retained. The total proposed expansion is 988 square feet. The existing building is one story 3,996 square feet ~n size. The building will increase in size to 4,984 square feet as part of this addition andiwill remain one story. 2