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Agenda - 11/12/2002 I WOODBURN CITY COUNCIL AGENDA NOVEMBER 12,2002 7:00 PM -, 2. CALL TO ORDfR AND FLAG SALUTE ROLL CALL ANNOUNCEM~NTS AND APPOINTMENTS I 1. 3. Announcement : A. Mayor R chard Jennings' Farewell Party will be November 15, 2002. .............1 ! B. Library Gardening Program is scheduled for November 17, 2002 in the Coumcil Chambers at 2:00 p.m. I C. A Public Hearing for Woodburn Crest Estates Mobile Home Park will be on November 25, 2002. D. City Hall will be closed for Thanksgiving on November 28 and 29, 2002. Appointments: None 4. PROCLAMA TIONS/PRESENT A TIONS None 5. COMMITTEE REPORTS A. Chamber of Commerce B. Woodburn Downtown Association 6. COMMUNICATIONS None 7. BUSINESS ~ROM THE PUBLIC (This allows the public to introduce items for Council c~nsideration not already scheduled on the agenda.) Council Agenda of November 12. 2002 Page i I' T 8. CONSENT AG$NDA - Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. A. B. Woodbutn City Council minutes of October 28,2002, regular......................... 2 and exeCutive sessions. Recom'1ended Action: Approve the Woodburn City Council minutes. , Woodb~'n Public Library Board minutes of October 9,2002........................... 9 Recom ended Action: Accept the Woodburn Public Library Board m nutes. C. Woodbutn Planning Commission minutes of September 26, 2002 ............... 11 Recomnt,ended Action: Accept the Woodburn Planning Commis{>ion minutes. Woodburn Recreation and Parks Board minutes of October 15, 2002.......... 13 Recommended Action: Accept the Woodburn Recreation and Park Bo~rd minutes. Woodburn Police Department activities for September 2002 ........................ 16 Recom~ended Action: Receive the report. ' D. E. F. Street clpsure for Centro Cristiano Harvest Festival...................................... 19 October!31,2002. RecomrlJended Action: Receive the report. G. i PlanninQ Project Tracking Sheet dated October 29, 2002.............................21 Recommended Action: Receive the report. H. Building. Activity for October 2002 ........ .........................................................24 Recommended Action: Receive the report. I. Woodburn Public Library Monthly Report for October 2002 ..........................25 Recommended Action: Receive the report. 9. TABLED BUSINESS None. Council Agenda of November 12, 2002 Page ii I'~ T 10. GENERAL BUSINESS A. B. C. Council ~ill 2422 - Ordinance repealing the schedule of fees....................... 26 and charges for City services adopted in 2001, adopting the 2002-2003 revised schedule of fees and charges for City services; providingi for the annual review of said fee schedule and declaring an emer~ency. Recomm~nded Action: Adopt the ordinance. ! Councilllill 2423 - Resolution entering into an intergovernmental................ 39 agreemert with Chemeketa Community College for participation in the C~emeketa Cooperative Regional Library Service (CCRLS) an authorizing the Mayor and Library Director to sign said agreement. Recomm,ended Action: Adopt the resolution. Revised ifree Protection and Preservation Ordinance ..................................51 Recomn1ended Action: Review the discussion draft of the tree protectiQn and preservation ordinance, direct staff to finalize the ordinance, and schedule the ordinance for a public hearing at the Council'$ next meeting. D. Liquor Li~ense Application - Woodburn Shop-N-Kart ..................................70 Change of Ownership. Recomrr,ended Action: Approve an off-premise sales liquor license for ShoPiN-Kart. E. Liquor Llcense Application - Shari's Restaurant .......................................... 71 New Outlet. Recomrt,ended Action: Approve a limited on-premise sales liquor license fpr Shari's Management Corporation. Contract award for Sanitary Sewer Rehabilitation - alley west .....................72 of Front (Garfield to Cleveland). Recommended Action: Award the contract for Sanitary Sewer Rehabilitation - alley west of Front (Garfield to Cleveland) to the lowest responsible bidder, Emery & Sons Construction, Inc. in the amount of $52,600. 00. F. G. Contract award for Woodburn Skate Park ....................................................73 Recommended Action: Award the contract for Woodburn Skate Park to the lowest responsible bidder, Select Contracting, Inc., in the amount of $177,389.00. H. Position Allocation - Teen Scene Coordinator.............................................. 74 Recomrrended Action: Allocate a Recreation Coordinator I position as a prd[ect appointment funded through the Woodburn Together OJJDP Drug Free Communities grant. Council Agenda of November 12, 2002 Page iii I y~ T I. Vacancies and Term Expirations for City Boards, Commissions .................. 77 and Committees. Recommf3nded Action: Announce existing vacancies and term expirations and solic~t applications. 11. PUBLIC HEARIINGS SUbdiViSi~; n Application No. 02-03; a proposal to convert Woodburn ........... 78 Crest Es ates Mobile Home Park into a 45-lot subdivision. Recomm ndation: Continue the public hearing for Subdivision 02-03 to the Nqvember 25, 2002 City Council meeting. 12. PUBLIC COM~ENT I 13. NEW BUSINE~S ! A. None. 14. PLANNING CqMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by th~ City Council. A. Community Development Director's approval of ...........................................79 partition b2-01 to divide a residential property into two lots. B. Commur)ity Development Director's approval of residential......................... 80 architec~ral standard substitution 02-01. 15. CITY ADMINISrrRA TOR'S REPORT 16. MAYOR AND COUNCIL REPORTS 17. EXECUTIVE SFSSION A. To conduct deliberations with persons designated by the governing body to negotiate real property transaction pursuant to ORS 192.660( 1)( e). B. To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (1)(f). 18. ADJOURNMENT Council Agenda of November 12, 2002 Pageiv I T~ ... 3A I It t L. ....... _ .-' -.-. . ,_ -.'_ J()IN uS F()r<::~.~ . . )i:> ' :-~t~l~ ~ ~~?' "-:.-. .,-~~-,~<,",.,.,- ~~;fr:MA-1J{)J4 ~1{1{r1{95 FA-nwut~~~~' .:~/,':'-<:<:' }:i~~<:: PA-f<T1j '. . ...' '. :...........:4:~.. , , . We wi[[ "roast" anD toast our beloveD Ma~or J enningsl Ana come meet the new ma~or anD Cit~ Councilors. what: Dinner anD Ceremol1~ with hostea bar when: Frioa~J November 15 5-'30 Social Hour 6=30 Dinner 7=45 Roast & Toast ,:,where: St. Luke's Catholic church ::,:'<::);:,~~:,Cost: 15.00 per person '~'. . ~,:~$l~{;i: ' . .~~"~:;'.:~'7 '.-.:. :~:i:~2~,:~ , .'_~... ....:0.- .-;-~ , '~~'~..' .~~~'... ~~'~ -;,~ -;."'\~ -~: ,'::.,,:,~,~~ . '~~"';~~;?:~~~;" '-'~~.'K. \ . ~t~;fi~' -4 ." ,...:.0-: ...., ..",.." '.. - '~'~ "-".~~,:' .' , . . ',..:,.... , ' . ..", . 1 ..... ... SA COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING 0001 DATE. COUN~IL CHAMBERS, CITY HALL, CITY OF 'YOODBURN, COUNTY OF !\jIARION, STATE OF OREGON, OCTOBER 28, 2002. CONVENED. ~he meeting convened at 7:00 p,m, with Mayor Jennings presiding, 0010 ROLL CALL. Mayor Councilor Councilor Councilo~ Councilor Councilor Councilo~ Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present (7:02 pm) Staff Present: qity Administrator Brown, City Attorney Shields, Public Works Director Tiwari, Public Works Manager Rohman, Community Development Director Mulder, Police ChiefRu~sell, Park & Recreation Director Westrick, Finance Director Gillespie, Recreation Supervisor Sjothun, Management Analyst Smith, City Recorder Tennant 0063 ANNOUNCEMlENTS. A) Temporary Closure of Aquatic Center: The facility will be closed for annual maintenance from October 27th through November 8th. B) General Ele<1tion, November 5, 2002: Registered voters were reminded that Woodburn City Hall is a designated Marion County ballot drop site. C) Closure of City Offices: City Hall will be closed on Monday, November 11 th, in observance of Veteran's Day. D) Rescheduling of Council Meeting: The regular Council meeting scheduled for November 11,2002 has been rescheduled to Tuesday, November 12th, at 7:00 p.m... E) Rescheduling of Recreation and Park Board Meeting: The November 12,2002 meeting of the Board has been rescheduled to Tuesday, November 19th. APPOINTMENT. Mayor Jennings appointed Vasily Chemishov to the student position on the Library Board with his term to expire on September 30,2004. FIGLEYIMCCALLUM... approve the appointment of Vasily Chemishov to the student's position on the Library Board. The motion passed unanimously. Page 1 - Council Meeting Minutes, October 28, 2002 2 I - T COUNCIL MEETING MINUTES OCTOBER 28,2002 TAPE READING 0126 CHAMBER O~ COMMERCE. Mary ~raves, re~resenting the Chamber Board, provided information on the following upcommg event : 1) Crystal Apple Awards, sponsored by West Coast Bank, are scheduled for November nod with the ev~nt to be held at the Wittenberg Inn in Keizer. These awards are presented for ou~standing achievement by Woodburn School District employees and it is an opportunity fq>r our community members to thank award winners for their outstanding effort in their wdrk to educate Woodburn's children. Tickets for this event can be purchased either.through the School District or Chamber office. 2) Woodburn's ~ommunity Profile Book will soon be re-printed. This is a team project between the Chamber and the Woodburn Independent and the Chamber will be using this book as a fundr~ser for the upcoming year. 3) Chamber Fonpn Luncheon will be held on November 20th and the guest speaker will be Fred Miller, Senior VP with PGE, who will be providing information on electrical rates, PGE ownership, and the energy outlook for 2002 in the Portland Metro and Mid- Willamette Vall,y areas. She also reporte~ that the Chamber has launched a campaign to boost local tourism with an advertisement and caption that will provide a more consistent image of Woodburn. The Chamber is interested in receiving public comment on the caption. Additionally, she updated the Council on increased visitor counts and website hits over the last year. Councilor Figle)t complimented the Chamber on their web site which displays an extremely positive and professional website. Ms. Graves also provided information on the annual Christmas Treelighting Ceremony scheduled for November 24th at Woodburn Company Stores. She stated that this is the 4th year for this event and numerous programs have been planned focusing on a family theme. The treelighting ceremony will begin at 5:00 p.m.. 0548 DOWNTOWN ASSOCIATION REPORT. Bruce Thomas, WDA Vice President, reported on the progress of the tree lighting project. The wiring will be done on November 9th and lights will be strung in the trees along Front Street. It was noted that the lights will be operational year-round. Additionally, the WDA, Chamber, and Chemeketa Community College will be presenting a cross culture marketing class on December 5th at 7:00 p.m.. 0638 COMMUNICAifIONS: CURBSIDE FOOD DRIVE. A letter was received from the Mid-Valley Garbage & Recycling Association informing the Council that the 7th Annual Curbside Food Drive resulted in 11.44 tons of non- perishable food iltems donated to the Marion Polk Food Share. It was noted that the Council received a corrected copy of the letter at this meeting which indicates that 135,000 pounds of food had been collected since 1996. Page 2 - Council Meeting Minutes, October 28, 2002 3 I - T COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING 0680 CONSENT AG NDA. A) approve the r gular and executive session Council Minutes of October 14, 2002; B) accept the Li~rary Board minutes of October 9, 2002; C) receive the report on the Public Works Leaf Pick-up and Disposal Program for the fall of 2002; D) receive the report on the ICMA 401(a) Money Purchase Plan Consolidation; and E) receive the Wpodburn Police Department Activities Report for August 2002. FIGLEY/SIFUItNTEZ.... adopt the consent agenda as presented. The motion passed unanimously. 0722 COUNCILBIL 2420 - RESOLUTION ENTERING INTO AN AGREEMENT WITH FARM ORKER HOUSING DEVELOPMENT CORPORATION RELATING T CIPRIANO FERREL EDUCATION CENTER. Council Bill 242 was introduced by Councilor Chadwick. Recorder Tennant read the bill by titfe only i;ince there were no objections from the Council. On roll call vote for final pas.<age, th~ bill passed unanimously. Mayor Jennings declared Council Bill 2420 duly passed. 0775 COUM:IL BIL 2421 - RESOLUTION AUTHORIZING FIRE PROTECTION WAR AND ANITARY SEWER SERVICES TO FOOD SERVICES OF AMtRlCA. INC.. PENDING ANNEXATION. Comcil Bill 242'1 was introduced by Councilor Chadwick. The bill was read by title only si.tce there were no objections from the Council. Hayor Jennings stated that Food Services of America, Inc., has submitted a letter to the city stated that they would be applying for annexation to the City. The Resolution also provides for a six-month sunset clause and if the annexation has not been completed, water could be turned off to the facility. Administrator Brown stated that it is anticipated that the annexation will be completed within the next 3 or 4 months. On roll call vote for final passage, the bill passed unanimously. Mayor Jennings declared Council Bill 2421 duly passed. J912 ST A TE-LOCA,J.. AGREEMENT RE: SETTLEMIER PARK SKA TEP ARK. FIGLEY /NICHOLS... authorize the Mayor to sign the State-Local agreement with the State for a Land ~d Water Conservation Fund grant in the amount of$91,406.26 for the Settlemier Park $katepark project. Mayor Jennings stated that the money has not been made available as of yet and signing this agreement will put the City one step closer to receiving funds when it does become available at the federal level. The motion passed unanimously. Page 3 - Council Meeting Minutes, October 28, 2002 4 I" T COUNCIL MEETING MINUTES OCTOBER 28,2002 TAPE READING 2002-03 DRAFTi MASTER FEE SCHEDULE UPDATE. I FIGLEYIMCCA,LLUM... approve the 2002-03 draft master fee schedule, Councilor Nichol~ stated that the hardship relief provision for utility bills applies only to those with $1 o,oQO or less yearly income and, in his opinion, this amount is way below the poverty level., In those cases with a family size of more than 3, this income level should be increas~d to at least $12,000 if not $14,000. Administrator Brpwn stated that Councilor Nichols had brought this to his attention before and staff Had promised him that they would look at income level. Unfortunately, that was not don~ but staff will look at this number and bring it up to a value that is more reflective oftodaVs poverty level figures or percent of poverty level. This may involve a sliding scale basqd on family size. Staff will also provide a report on how many households are c1(rrrently under the hardship relief program. The motion pass~d unanimously. , 1003 1353 LIBRARY DI CTOR EMPLOYMENT AGREEMENT. FIGLEY/Cn WICK.... approve and authorize the City Administrator to execute an employment agr~ement with the Library Director effective November 1,2002. The motion passed unanimously. 1403 PUBLIC HEA~NG: Continuation of Subdivision Application No. 02-03 Reearding Woodburn Cre4t Estates Mobile Home Park. Mayor Jennings stated that he would be opening the continued public hearing, however, he would request that it be continued until the first meeting in November per the request of the applicant and City staff. The Mayor opened the continued public hearing at 7:24 p.m.. FIGLEYINICHOLS.... continue the public hearing to the November 12,2002 Council meeting. Mayor Jennings stated that an agreement has been reached, however, the necessary development agreements have not been finalized for submittal to the Council. The motion to continue the public hearing passed unanimously. 1467 Mick DeSantis, 173 McLaughlin Dr., expressed his opposition to the Council's previous position regarding tree preservation within the City. In his opinion, property owners have property rights when the trees are outside of the public right-of-way and property owners have a right to groom their property to meet their needs. He did not feel that government should dictate whether or not a tree or trees can be cut down. He feels that the Street Tree provision in the Z.oning Ordinance requires tree plantings so close that it should be considered as a ~edge and, in his opinion, this landscape planting requirement is not attractive. Additionally, he questioned the City's logic in prohibiting the removal of older trees that could result in damage to a person's home during a windstorm whereas the City Page 4 - Council Meeting Minutes, October 28, 2002 5 1."- T COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING will close down .. City park during a windstorm as a safety precaution even though all of the trees look he'l-lthy. He reminded the Council that trees have a life just like people and the condition of tjhe tree is not something that can always be seen from the outside of the tree, He reiterat9d that the Council should let the property owners make their own decision about trfes on their property, I 1963 CITY ADMINI~TRATOR'S REPORT. Administrator B~own stated that there are two more components to the Cipriano Ferrel Education Centet involving a trust deed which conveys an interest in the property to the City as part of thF City's obligation in taking a $600,000 grant on behalf of this agency, and the responsi1J>ility of bidding out the construction work as the recipient of the grant. It was noted that b~ds came in higher than the architect's estimates so there has been some value engineerin~ taking place to see if there is a way to get the project back under a cost figure that woulq then make it feasible for the money that is available. The Trust Deed is being worked o~ between attorneys and, if it can be completed by the first of next week, he questioned if the Council would be available to meet in a Special Meeting before the next regular Coupcil meeting. It was the conse4sus ofthe Council to meet next Monday, November 4th, if the two issues are ready for C01\IDcil consideration. 2184 MAYOR AND rOUNCIL REPORTS. Councilor Figley stated another meeting will be held in Wilsonville tomorrow in regards to the what the City of Portland is doing on the possible acquisition of PGE. As a PGE customer, she will be attending this meeting in addition to the Chamber Forum in November. Councilor McCallum congratulated the Public Works Department for the dedication of the Wastewater Treatment Plant and the flagpole at the Public Works building last week. At the flag dedication, the Oregon National Guard was represented which made a difference in that ceremony. He also congratulated the staff for the City newsletter which was a bi-lingual publication with several good stories and information. Lastly, as a co-chair of the Relay for Life event, he, along with co-chairs Cathy Heisen and Rhonda Judson, were nominated for a national award for that event and, even though they did not receive the award, they were invited to go to Orlando, Florida to talk about how they involv~d the community in this event. He will be attending this conference around November 21 st which is in the same time period as the Crystal Apple Awards, the Skatepark dedication, and the Christmas Treelighting program. Councilor Sifue~tez also mentioned that the community newsletter is sponsored by merchants withi~ the City and she commended Javier Meza for his efforts on this project. Page 5 - Council Meeting Minutes, October 28, 2002 6 I.~ T COUNCIL MEETING MINUTES OCTOBER 28, 2002 TAPE READING She also remind~d the community that the Mayor's Roast will be held on November 15th and persons inte~ested in attending are asked to call her for details on this event. Mayor Jennings ftated that he had also received a positive comment on the layout of the newsletter from, local resident. 2585 EXECUTIVE $SSION. Mayor Jennings ~ntertained a motion to adjourn to executive session under the authority ofORS 192.660(1)(e) and ORS 192,660(1)(f), FIGLEYINICHOLS.... adjourn to executive session under the statutory authority cited by the Mayor. 'ij1e motion passed unanimously. The Council adjourned to executive session at 7:42 pm and reconvened at 8:28 pm. 2608 Mayor Jennings ~tated that no decisions were made as a result of the executive and no action is required by the Council. 2625 ADJOURNME T. FIGLEYINIC LS.... meeting be adjourned. The motion passed unanimously. The meeting adj~urned at 8:30 p.m.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 6 - Council Meeting Minutes, October 28, 2002 7 I.~ T Executive Session COUNCIL MEETING MINUTES October 28, 2002 DATE. CONFERENC~ ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF QREGON, OCTOBER 28,2002. CONVENED. The CouI1cil met in executive session at 7:47 p.m. with Mayor Jennings presiding, ! ROLL CALL. *ayor q:ouncilor Councilor <;:ouncilor Councilor <touncilor <touncilor I Jennings Bjelland Chadwick Figley McCallum Nichols Sifuentez Present Present Present Present Present Present Present Mayor Jennings reminde~the Councilors and staff that information discussed in executive session is not to be discussed with e public. Staff Present: City Admi I"strator Brown, City Attorney Shields, Public Works Director Tiwari, City Recorder Tennant . Press: John Gervais (8:07! pm until adjournment) The executive session wa~ called under the follow statutory authority: 1) to conduct deliberatio~ with persons designated by the governing body to negotiate real property transactions pursuant to qRS 192.660(1)(e); and 2) to consider records that are exempt by law from public inspection pursuant to ORS 192.660(1)(f). ADJOURNMENT. The executive session adjourned at 8:26 p.rn.. APPROVED RICHARD JENNINGS, MAYOR ATTEST Mary Tennant, Recorder City of Woodburn, Oregon Page 1 - Executive Session, Council Meeting Minutes, October 28, 2002 8 1.- T 8B MINUTES MONTHLY M~ETING OF WOODBURN PUBLIC LIBRARY BOARD DATE: ROLL CALL: Oqtober 9, 2002 Ph~llis Bauer Marie Brown Ar~is Knauf Kay Kuka Pat Will Mary Chadwick Ex-Officio - Present - Present - Present - Present - Present - Present - Present STAFF PRESENT: Oar Peterson, Assistant Library Director Judy Coreson, Recording Secretary CALL TO ORDER: SECRETARY'S REPORT: GUESTS: None Pr~sident Kay Kuka called the meeting to order at 12 Noon, , Th~ monthly Board su~mitted, CORRESPONDENCE:N9ne minutes of September 11, 2002 were approved as PUBLIC COMMENT: NQne DIRECTOR'S REPORT: As$istant Library Director, Dan Peterson, attended the meeting in Linda Sprauer's absence, as she is on vacation for two weeks, Monthly Statistics: The monthly statistics were self-explanatory, The number of people visiting the library for September was 13,192, Activities: A list of activities was distributed to the Board, The Spanish Storytime that began in September is becoming more successful with 22 in attendance Tuesday evening at 6:30 pm, An Infantrroddler Story time has begun on Tuesdays at 10:30 am, The Friends of the Library Booksale will be held Friday and Saturday, October 11 and 12 from 10 am to 4 pm, Assistant Library Director, Dan Peterson, will resume the Saturday morning computer classes, For October the scheduled classes are: Oct. 5 - Searching the Library Catalog; Oct. 12 - Searching for Magazine Articles; Oct. 19 - Searching the Internet; and Oct. 26 - an Open Forum for any questions, A Teen Club at the Library will begin on Thursday, October 17, at 6:30 pm with a pizza party. They will discuss monthly activities, vote on a club name and create a logo, Saturday at the Library activities are continuing, The Oregon Historical Society Folklife program, supported by the Library Services Technology Act, will be providing Latino cultural displays and programs at the library October 12 through November 5, "Our Ways: History and Culture of Mepdcans in Oregon" exhibit and activities begin Saturday, October 12, Activities include performances in Library Park: Ballet Folklorico de Woodburn, Rondalla Sentimiento Latino, Children's Folk Dance Group and Charros and Low Riders, The Craft demonstrations in the Youth Services area are: Paper Ca~averas by Antonio Ramos; Clay Whistles by Imelda Gaspar; and Wheat 1 9 I" I Weaving by the Morales family. Food vendors from the Downtown A~sociation will be on hand in Library Park from 1-5 pm. An adult program will be planned for Sunday, October 20. On Sunday, October 27, from 2 to 3 pm, E~wardo Gonzales-Viana will give a presentation on his book about Mexican cu'ture in Oregon in the City Hall Council Chambers. In November the library will be closed Monday, November 11, for Veterans' Day and Thursday, November 28, for Thanksgiving Day. Volunteer of the Month: Dina Kosovan was chosen Volunteer of the Month for October Gr~nts: The Oregon Historical Society Folklife program exhibit, "Our Ways: Hi$tory and Culture of Mexicans in Oregon" will be displayed October 12 thtpugh November 5. The opening activities on Saturday, October 12, are pertormances in Library Park and craft demonstrations in the Youth Services area. Th~ Gates Foundation grant computers are running well and are very popular wit~ patrons. The library has also received licenses from the grant to put the Mi~rosoft software on the other library computers. Staff: Connie Constante was hired for the full-time Library Assistant position. She will continue the Spanish Storytimes Tuesday evenings. The full-time Relference Librarian position was filled by Christine Mackie. Connie and Christine will begin Tuesday, October 22. Board Position Opening: A student will be appointed by the Mayor to the Library Board by the next November monthly meeting. BOARD REPORTS: At the next monthly meeting, Kay Kuka will report on the Spanish Storytime and Ardis Knauf will report on acquisitions. OLD BUSINESS: NEW BUSINESS: None Visit to Libraries: 10/26/02 begining at 9 am at the West Linn, Beaverton and Wilsonville Libraries. The Library Board approved of the date for the library visits. BUSINESS TO/FROM THE CITY COUNCIL AND/OR MAYOR: Mary Chadwick reported that the Mayor met with 16 high school students for the possibility of appointments to City Boards. High School student, Kevin Schiedler, graduated this year and his replacement will begin at the November monthly meeting. The meeting was adjourned at 12:20 pm. ADJOURNMENT: Respectfully Submitted, Cl.~ ~ ~'cteson Recording Secretary Library Board Minutes - 10/9/02 2 10 I..... 'I' 8e WOODBURN PLANNING COMMISSION September 26, 2002 CONVENED The Planning Commission met in a regularly scheduled session at 7:00 p.m. with Chairperson Cox presidir'lg. ROLL CALL Chairperson Vice Chairperson Commissioner Commissioner Commissioner Commissioner Commissioner Cox Lima Young Grosjacques Mill Bandelow Lonergan P P P P P P A Staff Present: Naomi Zwerdling, Senior Planner MINUTES A. Woodburn Planni Commission Minutes of Au ust 8 2002. Commissioner Gros'ac u s moved to approve the minutes as printed. Motion was seconded by Commissioner Bandelow. I Motion unanimously carried. BUSINESS FROM THE AltJDIENCE COMMUNICATIONS A. City Council MimJtes of July 22.2002. Auaust 12. 2002 and Auaust 26.2002. Commissioner Grosiacauef> referred to the July 22, 2002 City Council minutes discussion regarding the tree ordinance and inquired if there is something coming forth on that? Staff reported there is someone currently working on that. However, she is not sure exactly which Planning Commission it will brought forward. Commissioner Grosiacaue~ also asked if this is something that will come before the Planning Commission before it goes before City Council? . Staff replied affirmatively. Commissioner Mill asked If anybody else received a call from the Statesman Journal regarding the tree ordinance? Vice Chairperson Lima responded he received a call from the Statesman twice. PUBLIC HEARING A. Subdivision 02-02. reauest to subdivide 76.78 acres into 14 lots located south of Stacy Allison Way and Walmart. north of the south city limits. west of Harvard Drive and east of Interchanae 5. Capital Development Co.. applicant (Continued to October 24. 2002). Chairperson Cox stated the applicant and Staff have agreed to continue the hearing to October 24,2002. He explained it has been bfought forward tonight because the hearing has been advertised for tonight and to avoid the expense of ha\ling to re-advertise, which is quite large, a motion for a continuance to the October 24th meeting is needed. Planning Commission Meeti~g - September 26, 2002 Page 1 of 2 11 I.~ 'I Commissioner GrosiacauE15 moved to continue the hearing for Subdivision 02-02 to the October 24th Planning Commission meeting. Vic~ Chairperson Lima seconded the motion, which unanimously carried. ITEMS FOR ACTION None DISCUSSION ITEMS None REPORTS A. BuildinQ Activity ;for AUQust 2002 B. Plannina ProiectiTrackina Sheet (revised 9-16-02) BUSINESS FROM THE C MMISSION Commissioner Mill reporte there is high grass between the Shop-N-Cart property and the other area which ignited last night and com letely burned an arborvitae hedge and a portion of the plastic sheathing between the fence. He indicated t e fire was heading towards the house and the woman resident was upstairs sleeping and unaware of Ithis until a passerby found a garden hose and took some immediate action. Commissioner Mill stated 'hiS situation needs to be dealt with and it is a recurrent problem every year. Chairperson Cox asked wlflat property is that on? Commissioner Mill replied ~ portion of that is going to be Shop-N-Cart's property and east of that point is Bi- Mart's property. ' Staff stated she will relay t~at information to Code Enforcement. Vice Chairperson Lima inquired if Kay Vestal has finally retire.d? Staff answered Kay has a 'ew days til retirement and will be working until Monday. Commissioner Grosiacau~s thanked Staff for the updated Planning Commission Contact sheet. Chairperson Cox announced he is running for a Ward for City Council. He stated he filed prior to the last Commission meeting and at that point he did not know there was going to be any opposition. Commissioner YounQ rem~rked he brought in a "Thinking of You" card to be signed to send to Walt Lawson, former Planning Commissioner, along with a puzzle. ADJOURNMENT Commissioner Grosiacau~s moved to adjourn the meeting. Motion was seconded by Commissioner Bandelow. Motion unanimously carried. Meeting adjourned at 7:09 pm. APPROVED CLAUDIO LIMA, VICE CHAIRPERSON DATE ATTEST Jim Mulder, Community Dev.lopment Director City of Woodbur~, Oregon Date PLanning Commission Meeting - September 26. 2002 Page 2 of 2 12 1'''- T 8D MINUTES Woodburn Recreatio* and Parks Board Regular Meeting , Tuesday, October l5~ 2002 7:00 p.m. Council Cham be City Hall 1. CALL TO O,ER - Chair Mittmann called the meeting to order at 7:00 p.m. and introduced new member Evan Thomas. 2. ROLL CALL - Members in attendance: Herb Mittmann, Chair; Member; Sharon Felix, Member; Evan Thomas, Member; Rosetta Wangerin, Member; Patricia Watts, Member. Members absent: lRichard Hammond, Vice Chair; Frank. Anderson. Staff present: Brian Sjothun, Recreation Services Manager Javier Perfecto, Public Information Officer 3. APPROVAL Of MINUTES - September 10,2002 - Felix moved for approval as presented, Watts seconded, motion passed unanimously 4. BUSINESS FR<j)M THE AUDIENCE - None Director introduced Javier Perfecto, the City's new public relations officer. Mr. Perfecto updated the Board on upcoming activities that include outreach into the Hispanic community. He described a citywide newsletter that is published in English and Spanish for distribution throughout Woodburn. He has helped or will be helping the Recreation and Parks Department with translations for the Facility Use Application and policies, Recreation Reporter and can assist the Board with outreach for the upcoming community park master plans. S. BUSINESS FROM THE DIRECTOR A. Division Reports (1) Recreation & Leisure Services - Recreation Services Manager reported that adult soccer concluded the previous weekend and youth soccer will conclude October 26 with the annual Jamboree. The After School Club at Washington has openings for 20 children and the Lincoln program has three openings. The program is serving nearly 300 each day. The Jesuit Volunteer the City shares with Woodburn Together supervises the homework program and the program is instituting the Life Skills program. The Teen ,Dance program is serving an average of240 young people once a month at the Community Center. Sign ups ~e currently underway for youth and adult basketball. 13 I T.- T Senior trips are sold out and the Leisure Services Division is working on ways to serve ~ore people. To help plan and organize this very popular program, the Divis_on is organizing a Travel Club. Aquatics i Director Westrick reported that the annual maintenance close down is s~heduled for October 28 thru November 10, but WMAC will open sooner if Imticipated maintenance tasks are completed ahead of schedule. He said that Ij>articipation in recent lifeguard training courses has been poor and asked to $oard members to recommend life guarding as a good part time job for colle~ age young people or adults. The next free swim Saturday, sponsore4 by Woodburn Together is November 16. WMAC has been busy during ot~erwise slow times with home school families and private schools. Fourth gr~de swim programs have begun. WMAC developed a new program called "P<)lol School" for those youth in swim levels V & VI who are somewhat bored with lessons. With this program, they get a taste of water polo, kayh.king, jr. life guarding, snorkeling, and water fitness, as well as their regular s'fimming skills. In fact, Woodburn Aquatic Center received an ORPA A,uatic Section Programming Award for this new program at the recent al11jmal ORP A conference in Eugene. (2) Parks & Ijacilities Improve~ents to Burlingham Park are complete. Thanks to a grant from the Burlinghcim Trust, the park now includes an irrigation system, security lighting ahd a new playground. A contrac~or is completing work the National Guard begun on the Centennial Park restrpom. The facility should be operational by the October 26, 2002 Youth Sobcer Jamboree. (a) Skate Park Director Westrick reported that the City is now bidding the project and expects tlie City Council to award a construction contract on November 12, 2002. Th~ Board set Saturday, November 23 at 2:00 p.m. for a groundbreaking ceremony. (b) Hermanson Park III Wetland Rehabilitation Project The Public Works Department and Recreation and Parks Department have reviewed final designs and comments from regulatory agencies. The Luckey Company has a notice to proceed and work should begin in the next two weeks. Community Center 6. TEEN SCENE (;RANT Recreation Serviqes Manager Brian Sjothun reported that Woodburn Together has received a grant tpr $87,000 to organize the Teen Scene program to provide activities for two centers that will serve middle school and high school age youth. The grant 14 I ,. T was one of only 70 approved nationwide by the Office of Juvenile Justice Delinquency Prelvention as a part of their Drug Free Communities program. Only five were award~d in Oregon. The application was scored as one ofthe top five. Among the parttiers to operate the program are Woodburn Together, City of Woodburn and \f oodburn School District. Jennifer Robin from the Marion County Health Departmdnt was very helpful in convening and facilitating the partnership to write the grant. Director Westrick told the Board that the Brian Sjothun did a great job writing the gtant. A key provision in the Teen Scene program will be appointing a middle school youth council and a hi~ school youth council to help operate the program. Brian Sjothun told the Board that the City has been searching for funding for the past 10 years. The n~ed has become more acute as Woodburn's population has changed and grown. 7. COMMUNITY, PARK MASTER PLANS Director Westrick reported that a Request for Qualifications is now "on the streets" for a consultant t~ help with both the Settlemier Park and Legion Park master plan revisions. Propo~als are due October 25, 2002. Staff expects to introduce the consultant to the Board at the November meeting. Chair Mittmann agreed to help evaluate the proposals. 8. FUTURE BOARD BUSINESS Director Westrick told the Board that, due to the Veteran's Day holiday on November 11,2002, the City Council will move to Tuesday, November 12,2002 and thereby preempt the Board's November meeting date. The Board agreed to reschedule the November meeting to November 19, 2002. 9. BOARD COMMENTS None. 10. ADJOURNMENT Rosetta Wangerin moved for adjournment, Sharon Felix seconded, the motion passed unanimously at 7:58 p.m. 15 I" , City ofWo~dburn Police Dep~rtment 270 Montgomery Stre~t 8E STAFF REPORT Woodburn, Oregon 97071 (503) 982-2345 Date: October 30, 2002 From: 1~~Rissell' Chief of Police To: Mayor aPd Council Thru: John Bnpwn, City Administrator Subject: Police qepaItment Activities - September, 2002 The Consolidated Montjhly Report is a monthly analysis of police department calls for service. This report lists all polife department incident investigations for the month, shows year to date statistics, and comparis~ns to the previous year. The report is in conformance with Federal Bureau of Investigation~ national guidelines for crime classifications and is reported to the State of Oregon Law Enforcement Data System via the Regional Automated InfOlmation Network. Should you have questilj.lns or wish further information, please contact me. I 16 I TO T DATE 10/21/0 PERSONS ARRESTED ------------.- ---- JUY AD u... T TOT AI.. ----- nl __~__l_n_ 2 2. ---'-'-~- -~-----_. ---- I 19 20 ------- . -.- ---- ------ - --- --.- -"---'- ---~.._. 3 5 6 1 1 4 28 32 37 81 118 WOODBURN POLICE DEPT CONSOLIDATED MONTHLY REPORT 09/01/02 THRUQ9/3fjJ02. . CARnOll-eZl-Ol PE RCE NT elE A RED THIS THIS LAST MO YR YR OFFENSES CLEARED TijIS lHIS kAST HO YR YR 32.2 72.1 50.0 100.0 100.J 90._0 90.1 .0 ._0 .0 48.0 53.8 99.2 71.4 80.0 11.4 100.0 76.9 35.5 85.7 .!} - 105.6 74.4 84.4 66.6 37.2 28.5 54.3 90.9 ~Q- 49.2 50.0 .0 92.3 97..5 98.4 100.0 .0 82.9 .0 91.6 100.0 63.4 70.9 62.3 69.2 58.7 68.4 57.7 13.4l 12.U + + ACT U AI.. 0 FFEN S ES THIS TH IS LAST '10 ,(R YR 16 162 149 5 13 11 1 17 10 2 58 45 1 2 31 30 31 191 184 1 7 34 25 1 1 - 13 23 211 284 3 23 26 3 20 25 8 7 1 1 1 35 318 291 31 210 208 66 495 224 2 1 3 49 11 145 1280 1301 12 124_ 90_ 3 27 9 98 763 124 2 35 21 70 566 565 10 11 12 167 189 9 12 9 13 50 407 404 21 148 129 10 6 1 4 16 62 82 11 146 129 8 33 37 62 929 581 141 6646 5657 1076 9420 8400 19.7 76.9 70.5 98.2 .0 91._8 69.5 .0 100.0 .0 44.1 14..2 99.6 82.6 75.0 75.0 100.0 78.3 20.9 90.5 50.0 85.7 67.0 78.2 74.0 25.5 31.1 55.1 100.0 .-Q 43.7 66.6 .0 68.8 97.2 99.3 90.0 100.0 88.1 .0 99.3 93.9 85.3 31.2 80.0 100.0 1 50. 0 .0 100...0 87.0 .0 .0 .0 14.2 _..0_ 104.3 66.6 66.6 .0 100.0 66..5 25.8 92.4 ..0 .0 71.0 66_.6 .. .0 26.5 1 (){J.O 50.0 .0 u.J) 50.0 .0 .0 .0 94:.0 1 CO. 0 .0 100.0 87.5 .0 l()().O 1 00 .0 96.7 48 8 5 45 1 2",- 167 12 7 282 20 20 5 1 .224 74 192 18 969 J6_ 6 210 A_ 307 10 - - 93 6 6 12 l~.t ~(:~6 ~94. 21 147 121 9 6 1 4 14 55 68 lLn___J,105 ___ _J~_(l 8 31 37 60 793 465 50"---4600 4154 621 5536 5234 - 32 10 12 51 34_ 111 15 1 270 19 15u 6 1 249 44 448 1 42 856 97__ 20 195 _13 312 10 73 6 1 5 4 !- 3 103 6_ 6 26 _2__ 35 1 24 2 _2 1 24: 8 61 Zn 27 PE RCE NT CHANt; E .. 8.7% + 18.12: .. 70.0% + 28 .8% -100.0% + 23.3% .. 3.8% .0% +100.0% .0% + 36.0% - 46._1 %. - 4. 52: - 17.8% - 20.0% + 14.2% .0% .. 9.2%. + .9% H20. 9% .100.0% +188.21: - 1.62: .. .31 ~ 7%____ +200.0% + 5.3% + 66.6% .. .u: - 9.01: .0%___ - 11. 6% - 25.0% .0: - 30.7t + .1% .. 14.7% + 66.6% +400.0% - 24. 3l .0% + 13. It - 10.8% + 59.8% ON PART III TRAFFIC CRI HE ---HIT & RUN RECKLESS ORIY ELUOING DR. WHilE SUSP TRAFFIC ACC.-FATAL TRAFFIC ACC.-INJURY ----UAFFIC ACC.-PR(P FISH & GAI1E ILLEGAl ALIEN ---W'ARUNtS MY RECYRD-OTHER PR(P . RECY RO-OT HER -FiiGifly-e-s -. . "ISSING PERSON SUDDEN DEATH/BODY --.SUle' Ioe":-A T t1P T OTHE R ACC IDENTS ANI"AL PROBLEMS --P-ROOERTY ABANDONED AUTO LOCATE ONLY AUTO - IMPOUND AUTO ASSISTANCE RENDERED DOHE ST IC PROBLEMS -iNsettiRE 'PREMis-es' SUSPIClOOS PER/eIRC PUB-IC SAFETY -----OiSTURBANCE/NO ISE SICK CARED FOR "ARI NE ~TOFHClROAOS CIVIL ClJttPLAl NTS VEHICLE DISPOSITI ALAR" CONFIRMED FALSE ACcllENTAL FAUl TY OT HER SUBPOENAS OFFICER ASSAUL T TRAFFIC OFF OTHER CUSTODY OTHER MISC -t --'PART III TOTAL GR~D TOT Al ~ ~ DATE 10/2110i. PERSONS ARRESTED -.---.....-.- - .~_.. JUY ADULT TOTAL ------- .-~- --~---------- 1 1 .._--~---- .6. _l~_ ____--.n____ 6 16 22 ---- ---- I 9 10 1 1 2. ._____2____..___ --------------_._-- --- '--'-"-'- -- -------~-_._- 2 7 9 ._~~-- 1 8 9 13 2 15 ] __1. ___ ________ 4 4 1 -1------ 1 1 1 2 3 27 37 64 33 53 86 WOODBURN POLICE OEPT CONSOLIDATED MONTHLY REPORT 09/01102 THRU09130/02 . CAR920ll-02l-01 PERCENT CLEARED THI S. THIS LAST MO YR YR 200.0 .0 42.6 .) .0 20.0 17.7 .0 17.3 28.5 22.1 22.0 31.2 .) 23.0 100.0 .0 50.0 .0 66.6 11.1 10.5 .0 10._0 15.0 6.0 16.9 29.1 25.0 18.6 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 17.0 33.3 33.3 17.7 OFFENSES CLEARED rHt S THIS LAST HO YR YR 1 2 2 3 2 1 2 12 14 ...11 14 3 2 2 5 lQ____ l~Q 16_7 6 46 25 1 3 29 223 234 PERCENT CHANGE .0% .ot - 42. 6% .ot + 50.0t - _l() !I_Q~_ - 5.5% .at + 32.9% +185.7t . 50.at . 9_4!_3%_ + 97.5% +100.0% 17.4 32.2 40.6 .0 81.8 13.0 46.8 .0 2~.3 11.7 .0 90.0 96.9 66.2 52.6 67.2 100.0 100.0 64.6 59.9 54.5 42.4 45.0 33.7 49.4 34.0 1.6% 9.0% + + ACTUAL OFFENSES THIS THIS LAST M[} YR YR 1 1 4 7 3 2 2 9 10 2 17 16 12 109 62 20 7 3 33 22 117 627 756_ 24 156 60 3 12 6 163 1193 991 17 121 151 11 90 90 6 64 59 5 2 11 39 479 313 6 50 45 1 7 4ft 30 11 116 191 4 20 10 10 75 92 10 92 80 7 71 70 16 97 116 1 1 <; 3 12 60 65 15 110 222 172 1581 1552 335 2774 2543 PART I CRIMINAL - HURDE R MANS l AUG HI ER RAPE ROBBERY AR HEO UNARMED -dA"GGIi Atn.'r EO AS sAtiir BURGLARY RESIDENCE -... ..- Nl N-R ES IDE N CE BUSI NE S5 LARCENY ~Uf[f THEFT A I<S ON HOM I C I DE 74.3 36.6 32.1 60.0 .0 6.0_ 36.0 .0 11.3 83.0 .0 55.0 100.0 11.1 60~5 69.0 .0 1 QQ.. 0 60.0 52.9 16.4 18.1 33.3 .0 .0 7.6 16.6 .0 .0 1 CO. 0 .0 .1'~._ (l 110.0 50.0 11..4 62.5 .0 199.0 91.6 46.6 13 90 111 2 33 29 2_ 27 24 3 9 ~- ?~ .'!l. 1 18 22 5 7. 11 96 131 ~- 11 9 11 75 91 5 71 53 5.. ____43 )7 10 67 78 1 1 ~. 3 11 48 55 7 90 133 85 713 846 114 936 1080 + 20.3t 19.8% .Ot +42.3% +150.0% -100.0% .. 53.0%. . 11.1% -100.0t; + 4l?6% - 38.2% .0% +100. ._02:. - 18.4% . 15.0% + 1.4% - 16.3% -100.0% + 66. 6% . - 1.6% 23.4% -PART I TOTAL P ART II --OTHER ASSAULTS FORGERY/COUNTERFEIT FRAUD ---E-"-BEZZLEHENT STlLEN PROPERTY VAMlAlI SH -WEAP-ONS' PROSTITUTION SEX OFFENSES ---NA-~('; OT Ie/DRUG S GAHBLING OFf AGAINST FAI1IL Y --DirIVING tINIER IM=tNC LIQUOR LAWS DISORDERLY CONDUCT TRESPASS/PROWLER ESCAPE CURF E W '---RUNAWAY JUY AlL OT HER PART II TOTAL PART I & PART II TOT Al -I-' 00 .. 8F City of Woodburn Police Depa1(tment ! STAFF REPORT 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Date: October 28, 2002 ~/ Scott Russell, Chief of Police~Y From: To: Mayor and City Council /.1 yP John Brown, City Administrator Through: Subject: Street ClOisure for Centro Cristiano Harvest Festival October 31, 2002 Recommendation: Information Only - No Council Action Required On October 8,2002 the Woodburn Police Department received a request from Centro Cristiano Church, at 257 W. Lincoln Street, for a street closure of a portion of Lincoln Street near N. Second Street for a Harvest Festival to be held October 31,2002 between the hours of6:00 PM and 9:00 PM. It was determined that the event would be in the public interest. Then we considered the safety of the public and it was determined that it would not be safe, given the circumstances involved, to close a portion of Lincoln street as requested. Woodburn Police Department StatTworked with the event organizers to select an alternative location. On October 28, 2002 under authority granted to the Chief of Police by City Ordinance and ORS 810.030 I did authorize the closure of North Second Street between West Lincoln Street and Harrison Street on October 31, 2002 between the hours of 6:00 PM to 9:00 PM for a special event called a "Harvest Festival". 19 T WOODBURN POLICE DEPARTMENT 270 Montgomery Street Woodburn, Oregon 97071 Phone: (503) 982-2345 FAX: (503) 982-2370 Date: October 28, 2002 To: Vanessa Pineda, Special Events Coordinator, Centro Cristiano 257 W. Lincoln St. Woodburn, OR 97071 (503) 98 I -0776 RE: North Second Street Closure for October 3 I, 2002 Under authority granted to the Chief of Police by City Ordinance and ORS 810.030 I hereby authorize the closure of North Second Street between West Lincoln Street and Harrison Street on October 3 1,2002 between the hours of 6:00 PM to 9:00 PM for a special event that is in the public interest called a "Harvest Festival" and is sponsored by Centro Cristiano. In order to facilitate the safe and proper closure of the street please contact the Woodburn Street Department for assistance. Sincerely, ~ D. Q~~CL Scott D. Russell, Chief of Police CC: File City Administrator 20 T 0-29~2 Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post SlfRpt PC Order Final Notice to Pasl Slf Rpt CC Ord CCOrd. Annh""nl Description Received Comolete Date Planner Referrals Meetino lor PC Pacer Prooertv Due Hearino Due Order 10rCC Pacers Property Due Hearino Due Adootion Annex business Anx park into the 99-41. Corporate limits 10/14/99 UGB Wally LIen of the C,ty 06/01/99 N/A Jim conI. off 99~1. ze Establish the IL calendar 99~1 zone on the property ANX Cotyol 828 Pa/'T Rd, water 0141, ze 04/24/01 Incompfele Naomi Woodbum treatment planl 05124/01 , __m_ 01~3 05123102 CPMA ,",",,-Ie Cont. 01 ~3, ZC Tim 373 Gatch St. 12113/01 :W7102 NlA Naomi 04/05102 N/A 05103102 05103102 05113/02 05116/02 6/13102 07104/02 07/11/02 11/05102 11/05/02 11/15/02 1.1.lllm 11/25/02 Doman CompIeIe 01~7 0<105.'02 conl 6/27102 ~ Incomplete 11/26/02 08106/02 09/26/02 SUB l' k>t subdivision 06()7102 02-42 -- adjacent 10 1-5 04/19102 Complete Ext.2I10103 Naomi 07/29/02 (pre-fac. 09I06I02 NJA 10/14/02 11l21m Conl C<> 07/2Q'02 mtg.) ~ SUB Riel< Converson 01 Wdbn 09/18102 6/27102 10/28102 Q"st Estates MHP 05107102 05122/02 Ext. Naomi 05123/02 06106/02 06/07102 NJA 06117102 07104/02 Conl 07/18102 07125102 08/06102 NlA 10/18/02 ~ ~ 02-43 Givens to 45 bt subdivision 11129102 7/11102 1.1l1ZI2Z SPR Inccmplete 02.0& - Con_. otI\ce 07126102 VAIl. Conn-. .00 storage on 06128102 Complete 02115103 Jim 10/24102 10131102 10125102 NJA ~ 11.lQ1m ~ Shenandoah In. 02-43 10118/02 Annexation end ze AN)( from County Incomplete 02-41 ZC ASS_ Commerciollo eG 06128102 OM)2}()2 Naomi 02-42 at 600 N. PIICilIc Hwy Variance to allow 2 additional wall Incomplete VAIl. Oalg Qoy;s signs @ Wells 07/08102 7/25102 01/24103 Naomi NJA 10108102 ~ NJA ~ 11l21ll!Z ~ 02-44 Fargo Bank at Complete 1530 N. PacifIC 9/26J02 Hwy. Incomplete DR 02-48 US Market Facade adcmion 07124102 8/21102 01/28103 Naomi NlA NlA NJA NJA NJA 11105102 NJA (Adm) onto 398 N. 99E Complete 10101102 Salvador Change use from 08123102 DR 02-49 Larios reta~ to dance 07126102 Incomplete Naomi hall 00 o Revised: PLANNING PROJECT TRACKING SHEET tI) """ ... Notice to Papers Mail Notice forCC PC Final Order Final Order Due PLANNING PROJECT TRACKING SHEET Notice to Paoer Mail Notice lor PC CCOrd Adoption Ord. Due CC Heanng S~ Rpt Due Post Property PC Hearing S~Rpl Due Post Prooerty Facilities Meetina Referrals Planner Naomi 120-Day Date Deemed Complete Date Received 08114/02 Project Description Apphcant 11/01/02 09/16/02 01/10/03 3/02 09/ Adjust 101 lone at 395 Shenandoah Ke" Contractors PlA 02~3 ~ Ends 11/08102 0/09/02 N/A 09103/02 Naomi 01101/03 09/03/02 08/20/02 Subdivide one 101 into two lots at 1820 E. Hardcastle Sign Code Variance for BiMart, 1600 Ml Hood Ave Lazar Kalugin PAR 02~1 Naomi 09/23102 Incomplete 10/01102 Incomplete 10'1'102 Complete 08/23/02 Ray.O-Lite Signs. Inc VAR 02~5 11121/02 N/A ~ Naomi 02108/02 09/06/02 Subdivide property into 7 commercial lots Mar1<Wol 11101/02 Naomi 01102103 09/05102 08106/02 ==l'tlO1& porch des~n for 1222 Roy Ave. Subdivide 1.65 acres 1n1o 7 k>ts at north extension of Luba 5t Naomi 10/25102 IncompE'Ie 09127/02 Nazari Cam Naomi Naomi Don Comstock 465 sf chemical bIdg I 10/25102 at Aquatic: Center 10/23/02 7.664 sl offICe bldg. at 1385 Meridian Dr. Cilyof Woodburn Scott Beck SUB 02~5 RASS 02~1 SUB 02-46, EXCP O2~1 CU 02-43, DR 02-11 DR 02-10, VAA 02-46 , ! 1 lIo) tv L.""n~ n."'U"~l:. r-n.u...~" I i) Mail Notice Final PC Mail Notice Project Date Deemed 120-Day Facilities Notice to Post StfRpt PC Order Final Notice to Post Stf Rpl CC Ord. CC Ord. Armlicanl Descnpt.on Received Comnlele Dale Planner Referrals Meetino lor PC Paoer Prooertv Due HeaMno Due Order forCC Papers Property Due Hearino Due Adootion U...n lJft:)an Renewal OIslnd -.. .approved by \l0I~ on JoOOIJon Program 3112102 Stan' IS prepanng Ora" Sign Ont. OrdlOance Draft Jim Revtsion anllCJP31ecllO tle Complele<l by Jim 2003 Transpor. tation Systems Consultant has begurl Jim Plan WOI1\ ()(1 upQale Update Perlocllc Review Consultant has begun Jim Grant work on grant. Tree ,.,...,. - Draft Ordinance Naom~ vatJon under preparation Malt Ord. l:\Communily DevelopmenllPlannrnglMisc 2002lPlanning Case Log to.) Co\I .. 8H CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5250 Date: November 1, 2002 To: Jim Mulder, Community Development Director From: Building Oivi$ion Subject: Building Ac~ivity for October 2002 2000 2001 2002 Dollar Dollar Dollar No. Amount No. Amount No. Amount New Residence Value 7 $707,555 10 $1.149,471 8 $977,238 Multi Family 0 $0 0 $0 0 $0 Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds & Alts 3 $28,316 2 $43,000 3 $17,300 Industrial 0 $0 0 $0 0 $0 Commercial Value 0 $0 1 $13,000 13 $209,087 Signs, Fences, Driveways 2 $660,000 2 $2,200 1 $5,900 Manufactured Homes 0 $0 1 $49,000 0 $0 TOTALS 12 $1,395,871 16 $1,256,671 25 $1,209,525 Fiscal Year (July 1- $4,041 ,546 $23,645,350 $7,672,266 June 30) to Date l:\Community DevelopmenlIBldglBuilding Activity\BldgAct-2002\BIdg Activity Memoslactivity - October 2OO2.wpd 24 r "" I WOODBURN PUBLIC LIBRARY MONTHLY REPORT FOR OCTOBER 2002 81 I CIRCULATION Current 11,671 Adult Children: 8,162 3,509 Previous 2001 2000 1999 13,080 13,303 13,173 In-House Use: 1,845 II INTERLlBRf-RY LOAN Books Loanied 999 CCRLS: In-State Special: 994 o All Other In-State: 5 Out-Of-State 0 Books Borrqwed: 1,123 CCRLS: In-State Special: 1,097 o All Other In-State: Out-Of-State: 18 8 III. REFERENqs Woodburn 2002 875 2001 1,216 2000 1,087 1999 962 Referrals 54 78 55 48 Other 1,057 1,518 1,045 1,158 Total 1,986 2,812 2,187 2,168 Database Usage Ju~ 87 August 134 September October 228 233 (not all databases included) IV. COMPUTER USAGE Adults: 2,155 Children: 911 Average per open hours: 8.23 Average per open hours: 3.48 V. LIBRARY SPONSORED PROGRAMS Adults: 11 No. Attending: 504 Children: 25 No. Attending: 541 VI VOLUNTEER HOURS WORKED 215 VII FINANCE $1,675.95 VIII HOLDINGS 74,926 New Adds For The Month of October: 543 IX. PATRON LqAN TYPES 13,825 Monthly Statistics: October 2002 1 25 T WTKECflYOF ~ ___un _u __9Q!2!3y~---~-Q~ -STA-FFREPORT To: FROM: VIA: DATE: SUBJECT: Honorable Mayor and Council . ~5 Matt Smith, Management Analyst II ;y John C. Brown, City Administrator .y;. For the Council Meeting of November 12, 2002 2002-2003 Master Fee Schedule Ordinance Recommendation: It is recommended that the City Council approve the attached ordinance adopting the 2002-2003 Master Fee Schedule. Background: The draft 2002-2003 Master Fee Schedule was presented to Council at the October 28, 2002 Council meeting. Following a brief discussion regarding clarifications to the schedule, the Council approved the draft as amended and directed staff to bring the Schedule back at the November 12, 2002 meeting for adoption. Discussion: The attached schedule reflects a modification directed by Council at the October 28, 2002 meeting, as well as other minor changes to correct clerical errors. The requested modification involves qualifications for the Public Works hardship relief subsidy for City water and sanitary sewer service. The standard for qualifying for relief was raised last year from $6,000 or less in yearly income to$10,000 or less, reflecting inflationary changes in the cost of living. The subsidy is further refined this year at Council direction to tie the maximum yearly income to the Federal Poverty Level (FPL) for a two-member family, resulting in an increase from $10,000 or less per year to $11,980. There is one additional minor change to the schedule: the charge per unit for the new Public Works digital data fee is changed from per megabyte to per 1/4 sheet. Staff noted that comparable fees charged by other cities in the region are charged per 1/4 sheet, and the units in the schedule are changed accordingly. Conclusion: The Schedule contains fees that reflect the cost of providing service to the public, and Council direction regarding the appropriate rate of recovery for CflY ADMlNlSTRATOR'S OFFICE M.. 270 MONTGOMERY STREET ~... (503)982-5228 26 r "1' each of those fees. Accordingly, your approval of the attached schedule is recommended. Financial Impact: The increase in fees and charges resulting from the recommended schedule is estimated at $35,000 for 2002-2003. Staff Report re Master Fee Schedule Page 2 of 2 27 P T COUNCIL BILL NO. ORDINANCE NO. AN ORDINANCE REPEALING THE SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES ADOPTED IN 2001, ADOPTING THE 2002-2003 REVISED SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES; PROVIDING FOR THE ANNUAL REVIEW OF SAID FEE SCHEDULE AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn has conducted an extensive and exhaustive analysis of its services, the costs reasonable borne of providing those services, the beneficiaries of those services, and the reven4es produced by those paying fees and charges for special services; and WHEREAS, the City wishes to comply with both the letter and the spirit of the Oregon Constitution, applicable state statutes, and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering the full costs reasonably borne of providing services of a voluntary and limited nature, such that general taxes are not diverted from general s~rvices of a broad nature and thereby utilized to subsidize unfairly and inequitable such specia' services; and WHEREAS, a schedule of fees and charges to be paid by those requesting such special services needs to be adqpted so that the City might carry into effect its policies; and WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne and to review the schedule on an annual basis, NOW, THEREFORE THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. ReDeal. The 2001-2002 Master Fee Schedule adopted on September 24, 2001 as Ordinance 2300 is hereby repealed. All fees and charges which are inconsistent with this Ordinance are hereby repealed. Section 2. Fee Schedule Adoption. The City hereby adopts the 2002-2003 Master Fee Schedule affixed hereto as Attachment "A" listing applicable fees and charges which shall be charged and collected for those services enumerated. Section 3. Separate Fee For Additional Process. All fees set by this Ordinance are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units. Page I - COUNCIL BIlyL NO. ORDINANCE NO. 28 I . r T Section 4. Review. It is the intention of the City Council to review the fees and charges adopted by this Ordinance on an annual basis based on the City's next annual budget and all the City's costs reasonably l;>orne as established at the time and, if warranted, to revise such fees and charges based thereon. Section 5. Emergency Clause. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effcjct immediately upon passage by the Council and approval by the Mayor. Approved as to form: City Attorney Date APPROVED: RICHARD JENNINGS, MAYOR Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. ORDINANCE NO. 29 ATTACHtNT~ THE CITY OF Page of-=+-- OODBURN I 2002-2003 Miaster Fee Schedule Adopted by Council on November 12/ 2002 ----- ...-- ..... -- ...--- -- c_-:--:~" /.-::~:. C " / --.S......,..') ,-..' 30 I . l T . . Current Cost of Fcc as a % Rccom'd~" Adopted . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Units, etc.) _ _ _ _ ___ ______________ _ __ _._ e_~___ erv~~___~~ccovcry _ ee c;'JJthWI!li\' tJo)'t:)tIJI)!I'\:lr1\ - ~ -- --- _d_______. - - - - -- -.'-, Planning Annexations Zone Map Amendment Comprehensive Plan Amendment Conditional Use Zoning Adjustment Variance Appeal of Land Use Action to City Council Partition -Preliminary Approval -Final Plat Approval Lot-Line Adjustments & Consolidation of Lots Subdivision (4 lots or more) -Preliminary Approval -Final Pial Approval P.U.D. (4 lots or more) -Preliminary Plan Approval -Design Plan Final Approval -Final Plan Approval Site Plan Review (based on square footage) -under 1,000 sq. ft. -1,000 sq: ft - 4,999 sq. ft. . -5,000 sq. ft. - 24,999 sq. ft. -25,000 sq. ft. - 99.999 sq. ft. -100,000 sq. ft. -199,999 sq. ft. -2()()'OOO+ sq. ft. Sign Ordinance Compliance Permit -under 30 sq. ft. ~7~~g.ft. :::-?f3:-1f)() ~:~ -150+ sq. ft. ~ ,,' Siieet Pi1N lrld Improvement Requirements S.~<Alnd'rtiOOal Use for a Historically Significant Site FOOl1~llnterpret~tion of the WOO Manufactured Dwelling Park -Preliminary Approval -Final Plan Approval Phasing Plan Residential Architectural Standards Substitution SignifICant WeUands Overlay District (SWOD) Permit Telecommunications Fadlity Specific Conditional U$e Temporary Outdoor Mar1<eting and Special Event Permit for a Woodbum Development Ordinance Special Use Tree Removal Permit Formal Pre-Application Conference Interpretation of Uses Interpretation of Zoning District Boundaries ~u.lldlng MECHANICAL(all fees do not include 7% state surcharge) BASE FEE $25 Forced Air> 100,00 BTU $14 Forced Air < 100,00 BTU $27 SuspendedlRecessed WalUFloor Mounted Unit He~er $14 Compressor 3hp /100,000 BTU Boiler $15 Compressor 15hp /500,000 BTU Boiler $30 Compressor 30hp I 1,000,000 BTU Boiler $42 Compressor 50hp /1,750,000 BTU Boiler $65 $1,594 $2,249 $2,249 $1,014 $662 $1,121 $1,035 $2,456 $598 $2,071 $900 $451 $611 $1,608 $2,086 $2,958 $6,563 $12,169 $28 $100 $150 $264 $1,121 $1,014 $1,524 $2,242 $532 $1,141 $238 $411 $1,270 $113 $86 $357 $1.746 $1.746 $929 $168 $360 $1,697 94% 100% $1,697 ATTAC~ENT Jr $2,341 96% 100% $2,341 $2,341 96% 100% $2,341 Page _._ of q $1,071 95% 100% $1,071 $700 95% 100% $700 $1,174 96% 100% $1.174 $1,103 94% 100% $1,103 $969 96% 100% $969 $182 92% 100% $182 $385 93% 100% $385 $2,535 97% 100% $2,535 plus $16 per lot $639 94% 100% $639 $2,149 96% 100% $2,149 plus $25 per lot $940 96% 100% $940 $475 95% 100% $475 $629 97% 100% $629 $1,657 97% 100% $1,657 $2,171 96% 100% $2,171 $3,145 94% 100% $3,145 $6,763 97% 100% $6,763 $12,606 97% 100% $12,606 $31 91% 100% $31 $106 95% 100% $106 $157 96% 100% $157 $273 97% 100% $273 $1,174 96% 100% $1,174 $1,019 99% 100% $1,019 $1,533 99% 100% $1,533 $2,329 96% 100% $2,329 $572 93% 100% $572 $1,148 99% 100% $1,148 $250 95% 100% $250 $420 98% 100% $420 $1,300 98% 100% $1,300 $121 93% 100% $121 $93 93% 100% $93 $382 93% 100% $382 $1,791 97% 100% $1,791 plus Measure 56 notice costs, if applicable $1,843 95% 100% $1,843 plus Measure 56 notice costs, if applicable nla nla nla $25 n/a nla n/a $14 n/a n/a n/a $27 n/a n/a n/a $14 n/a n/a n/a $15 n/a n/a n/a $30 n/a n/a n/a $42 nla n/a n/a $65 200HOO3 MAsuR. FEE SCHEDULE PAGE I OF e 31 , . Compressor over SOhp 11,750,000 BTU Boile $95 n/a nla nla $95' Air Handling Unit to 10,000 CFM $14 n/a n/a n/a $14 Air Handling Unit over 10,000 CFM $22 n/a n/a n/a $22 ATTACH1:ENT A Evaporative Cooler $15 n/a n/a n/a $15 Page of "\ Domestic Hood $10 n/a n/a n/a $10 Commercial Hood $40 n/a n/a n/a $40 Domestic Incinerator $19 n/a n/a n/a $19 Commercial Incinerator $76 n/a n/a n/a $76 Exhaust Fan & DucUDryer Vent $6 n/a n/a n/a $6 Wood Stove. Gas Decorative Appliance $14 n/a n/a n/a $14 Appliance Vent Not Included in Appliance $9 n/a n/a n/a $9 Repair/Alteration/Addition of Heating or Coolill9 $14 n/a n/a n/a $14 Gas Line 1-4 Outlets $6 n/a n/a n/a $6 Additional Gas Outlets $2 n/a n/a n/a $2 Gas - Line Without Appliance $16 n/a nfa n/a $16 Fire Damper or Water Heater $10 n/a n/a n/a $10 Regulated but Unclassified Equipment $13 n/a n/a n/a $13 Smoke DetectorlShut Down $6 n/a nfa n/a $6 RESIDENTIAL(all fees do not include 7% state surcharge) Total Valuation" -$1.00 to $500.00 $13.00 n/a nfa n/a $13.00 -$501.00 to $2,000.00 $13.00 n/a nfa n/a $13.00 for the first $500, plus $1.95 lor each additional $100.00 orfraction thereof. 10 and including $2,000 -$2,001.00 to $25,000.00 $42.25 n/a nfa n/a $42.25 for the first $2.000, plus $7.80 for each additional $1.000.00 or . fraclionthereof, to and including $25,000 -$25,001.00 to $50,000,00 $221.65 n/a nfa n/a $221.65 for the first $25.000. plus $5.85 for each additional $1.000.00 or . fraction thereof, 10 and including $SO,OOO -$50,001.00 to $100,000.00 $367.90 n/a n/a nla $367.90 for the firsl$SO,OOO. plus $3.90 for each additional $1.00000 or . . fraclionthereof, 10 and including $100,000 -$100,000 and up $562.90 n/a n/a n/a $562.90 for the first $100.000, plus $3.25 for each additional $1000.00 or . fr~ltlereof COMMERCIAL(all fees do not include 7% state surcharge) Total Valuation- -$1.00 to $500.00 $10.00 n/a n/a n/a $10.oq -$501.00 to $2,000.00 $10.00 nla n/a n/a $10.00: for the first $500. plus $1.SO for each additional $100.00 or fraction L thereof. to and inclucling $2.000 -$2,001.00 to $25,000.00 $32.50 n/a n/a nla $32.50 for the first 52.000. plus $6.00 for each additional 51.000.00 or jhction thereof, kunc! 1ncbling525,000 -$25,001.00 to $50,000.00 $170.50 nla nla n/a $170,50 for the Irsl $25.000. plus $4.SO for each additional $1.000.00 or : fraction thereof. to and including 5SO,000 -$50,001.00 to $100,000.00 $283.00 nla nla nla $283.00: for the first 5SO.000. plus $3.00 tOr eacIi additional $1.000.00 or . fraction thereof, to and including 5100.000 -$100,000 and up $433.00 n/a nla n/a $433.00 for the first 5100.000, plus $2.SO for each additional $1000.00 or fraction thereof OTHER Inspections Outside Normal Hours $48 $48 100% 100% $48 charged per hour Re-Inspections lor which no fee specifically indicated $48 $48 100% 100% $48 each Inspections fOf which no fee specifically indicated $48 $48 100% 100% $48 charged per hour Plan Review (Mechanical) 25%01 n/a nla nfa 25% of mechanical mechanical permit permit Plan Review (Structural) 65%01 n/a n/a nfa 65% of structural struclural permit permit Plan Review (Fire, Life Safety) 25%01 n/a n/a nfa 25% of structural structural permit permit Additional Plan Review $48 $48 100% 100% $48 required by changes, additions, or revisions to approve plans, charged per hour Investigations Fee $48 $48 100% 100% $48 Copy Fees (documents) $0.05 $0.05 100% $0,05 fee charged per page side (plus a reseacch fee 01 $31~r, charged 10 the nearest 114 hoof only for complex duplicative requests requiring ovef 1/4 hoor 01 fesearch). additional charges may be added for postage and handling, W necessary. Copy Fees (tapes) $3.00 $3.00 100% 1 ()()% $3.00 fee charged per tape (plus a reseacch fee 01 531~r. charged 10 the nearesl1/4 hoof only for complex duplicative requests requiring oyer 114 hoof of research). additional charges may be added lor postage and handling, W necessary. ]00]-]003 MASTER FEE SCHEDULE PACE] Of e 32 r T 1 . . Current Cost of Fee as a % Recom'd '" Adopted . . . Regulation, Product, or Service F e S' of Cost Cost F Notes (Additional Fees, Units, etc.) e ervlce Recove ee PubrlC Dance Permits Lien Search Fees (per request) Lien Filing Fees (per request) NSF Check Fee -first and second time -remainder -avoidance payment Copy of the Budget Liquor Licence --new (all types) -.{;hange in ownership -change in location -.{;hange in privilege -renewal (all types) --temporary/special event liquor licence Sound Amplification Permit Solicitor's License -new -renewal $129 $23 $33 $20 $25 $10 $0 $100 $75 $75 $75 $35 $35 $25 $88 $32 Fines for Overdue Library Materials Key Ring Cards and Replacement Cards Charge for Interlibrary Loan (ILLs) $0.10 $1.00 return post + lending charges list price $0.05 $16 $21 $16 $75 $60: Lost Books and Materials PrinUng, Computer 9.l~~~y~~ M~I!i~urp()S~H()()fl1lJse Room Use Monitor Fee $135 $24 $33 PortcefTrafflC Accident Reports $22 $23 $15 $15 Records Computer Scans $44 $46 $150 $204 $22 $23 $57 $60 Archived Records Retrieval Statutory Vehide Impoundment Fingerprinting (for the School District) Police Investigations Nuisance Abatement Fees -first hour -each additional hour or fraction thereof $132 $137 contractor contractor costs costs Vegetation Abatement Fees -first hour -each additional hour or fraction thereof $132 $40 $137 first hour of obnoxious vegetation abatement $40 $137 $40 96% 100% 98% 100% 98% 100% 327% 327% 409% 409% 164% 164% 0% 0% n/a n/a n/a n/a nfa n/a nfa n/a nfa nfa nfa n/a 95% 100% 97% 100% 98% 100% $6 $6 $6 $25 n/a n/a n/a n/a n/a n/a $26 30% 100% 119% 125% 95% 30% 100% 119% 125% 100% $135 $24 $33 fee a.ged per dance, S300 per year (fee appfies only klgroups charging admission) ATTACH,MENT ~ Page ~_ of 100% 100% $20 $25 $10 $0 payment made to avoid water shut-off (in addlllon to check fee) $100 $75 $75 $75 $35 $35 $26 plus noticing costs in the event of a denial plus noticing costs in the event of a denial plus noticing costs in the event of a denial plus noticing costs in the event of a denial plus noticing costs in the event of a denial plus noticing costs in the event of a denial $91 $32 $0.10 charged per day (all items, including videos) $1.00 per card (fee established by CCRLS) return post + fees average $3 lending charges list price or default price (fees average $20) $0.05 charged per page $16. charged per hour (fee for groups charging admission only) $21 charged per hour (fee for groups charging admission only) $1 i, charged per hour foe room use after business hours in addition \0 the ; room use fee (fell for grouPS charging adrrKssionon1y) .. $75' for non-residents outside the CCRLS system boundaries $GO, for non-residents inside the CCRLS system boundaries 95% 100% $23' fee charged for average research time (indudes first two pages, $1.00 each additional page) 97% 100% $15 fee charged for average research time (includes first record, $1.00 each additional record) 95% 100% $46 fee charged per hour with a minimum fee of $10, in addition to the report fee (plus $1.00 per record) 74% 74% $150 95% 100% $23 fee charged per person 95% 100% $60 fee charged per hour 97% 100% $137 first hour of nuisance abatement 100% 100% contractor costs 2002-2003 Mounll. FEIi SCHEDULIi PAGE 3 OF . 97% 100% C Construction Permit for Work in the Public Right of Way (Ordinance #1795)-Cost of Improvement: -under $5,000 5% of cost nfa n/a n/a 5% of cost 5% of cost but not less than $10 -$5,000 _ $25,000 $250 n/a nfa n/a $250 plus 4% over $5,000 -$25,000 _ $100,000 $1,000 n/a n/a n/a $1,000 plus 3% over $25,000 -over $100,000 $3,000 n/a n/a nfa $3,000 plus 2% over $100,000 Weep Holes ~~ ~O ~9 ~% ~% ~O ~ach additional $15 $20 76% 76% $15 33 T . . Current Cost of Fee as a % Rccom'd~, Adopted . . . Regulation, Product, or Service F S' of Cost Cost F Notes (Additional Fees, Units, etc.) ee ervlce Recove ee Sewer Tap Water Service Installation Charges (Ordinance #1866) -3/4' line and 5f8' meter -1' line and meter -1-1 f2' line and meter --2' line and meter --3' and larger line and meter $100 $225 $325 $1,075 $1,225 $129 77% $5 $2 $234 96% $341 95% $1,105 97% $1,256 98% nla nfa $25 79% $22 90% $67 75% $67 75% $22 90% $40 88% $1,50 100% $1,00 100% $5 100% $2 100% nfa nfa nfa nfa $0.25 100% $13 76% n/a nfa n/a n/a n/a n/a n/a n/a cost del by C,ty Charge for Leak Adjustment Service $20 Reconnect for Non-PaymenUService (Ordinance #1965) Restored -full payment during bus, hrs $20 -full payment after bus hrs (ADD) -full payment on holidays, weekends (ADD) -turn on/off Curb Cuts Approaches T&E Color Plot sf Black & White Copies --color prints (per squre foot) --black & white copies (per square foot) Digital Data -AutoCad maps -GIS maps Roll Stock 24' x 36' (Aerials, Ward Maps, 1'=800' City Maps) Construction Standard Specifications Benchmark Monument MapfReference Design Standards (in draft) Monthly Water Service Related Charges Deposit Application (Ordinance #1965) $50 $50 $20 $35 $1.50 $100 new fee new fee $0,25 $10 $40 $5 $20 $40 77% 96% 95% 97% 98% n/a 79% 90% 75% 75% 90% 88% 100% 100% 100% 100% nfa n/a 100% 76% n/a n/a n/a $100 ATTACHMENT A u Page -.5- of ~ $225 $325 $1.075 $1,225 cost det. by City $20 costs based on actual cost of installation fO( latxx and materials. plus 15% of said cost to( administrative and overhead expense deducted from total credit of leak adjustment (Ordinance # 1866) $20 when bill has been paid in full PLUS when paid between 8 am and 4 pm $50 after business hours are payments between 4 pm and 8am $50 $20 for other reasons other than non-payment (excludes emergency such as waterline or equipment breakage) $35 fee for two (2) cuts $1,50 fee charged per foot $1.00 fee charged per $1.000 of valuation on building permit $5 $2 $50 charged per 1/4 sheet $50 charged per shapefile or layer from coverage $0.25 fee charged per square foot $10 $40 $5 $20 fee and cost of service estimated n/a $40 deposit amount not less than or an amount equal to estimated 3 month bill, atthe discreti()nof the city Other Deposit Amount -1' $40 n/a nfa n/a $40 -1-112' $45 n/a n/a nfa $45 -2' $85 n/a n/a n/a $85 -3' $170 n/a nfa nfa $170 -4' $275 nia nfa n/a $275 -6' $540 n/a n/a n/a $540 -B' $600 n/a n/a n/a $600 Bulk Water Rate (Ordinance #1866) $20 $30 67% 100% $30 plus $1.25 per 100 cubic feet Meter Error (when customer requests the city to test the meter serving individual's premise [Ordinance #11866]) -518' _ 3/4' $20 $97 21% 21% $20 -1' $30 $117 26% 26% $30 -1-112' $65 $117 56% 56% $65 -2' $100 $187 54% 54% $100 -3' $130 $187 70% 70% $130 -4' $150 $347 43% 43% $150 -6' $165 $347 48% 48% $165 -8' $175 $347 50% 50% $175 Outside City Limits Surcharge for Water Charges 1.5 factor nla nla n1a 1.5 lactor surcharge factor is 1,5 lor all rates & charges for services (Ordinance #1965) surcharge surcharge outside city Hardship Relief(Ordinance #1965) 40% nfa nfa n/a 40% 40% by submitting proof of $11.940 or less yearly income Hydrant Relocation varies nfa n/a n/a varies fee detennined by the Water Division Street Vacation Request $560 $569 98% 100% $569 fee not charged for Council-initiated street vacation r uests '" ~ '~"~:';'~.&' .;:: ~"":::"'~:"~~v~,~ ~~f{1ilEr;mQ111mnnrr1(i..,<t"I~", Aquatic Center-Resident Fees Daily Admissions 200202003 MASTER FEE SCHEDULE PAGE 4 Of 8 34 1 . . Current Cost of Fcc as a % Rc,~"l'd~, Adopted . . . Regulation, Product, or Service Fee Service of Cost RC:O:~SI Fee Notes (Additional Fees, Units, etc.) -d1ild (0-3 with paid adult) -youth (4-18) -adult (19 and up) 4lonored citizens (seniors and disabled) Punch Cards --ctlild (0-3 with paid adult) -youth (4-18) -adult (19 and up) -honored citizens (seniors and disabled) Memberships (3 months) -individual (4 and up) -<:ouple -family Memberships (annual) -individual (4 and up) -<:ouple -family Pool Rentals -1-50 swimmerslhour -51-100 swimmerslhour -101-150 swimmerslhour -151-200 swimmerslhour Lifeguard Training WSI Jr. Lifeguard Training Swimming Lessons Adult Swimming Lessons Private Swimming Lessons Sen:t!:fltiv,~~.~y,tjlT1min9..Lessons ~!\~19iij!~r--:Non.Resident Fees Daily Admissions -d1ild (0-3 with paid adult) -youth (4-18) -adult (19 and up) -honored citizens (seniors and disabled) Punch Cards -d1ild (0-3 with paid adult) -youth (4-18) -adult (19 and up) -honored citizens (seniors and disabled) Memberships (3 months) -individual (4 and up) -couple -family Memberships (annual) -individual (4 and up) -<ouple -family Pool Rentals -1-50 swimmerslhour -51-100 swimmerslhour -101-150 swimmerslhour -151-200 swimmerslhour Lifeguard Training WSI Jr. Lifeguard Training Swimming Lessons $0 $1.50 $2.50 $2.00 $4 $7 $5 $6 0% 23% 46% 33% $0 $1.50 $2.50 $2.00 0% 23% 46% 33% ATTACHMENT p.. Page __~_ of -_._~ $0 $44 0% 0% $0 $14 $66 20% 20% $14 $23 $55 41% 41% $23 $18 $60 30% 30% $18 $38 $50 77% 77% $38 $60 $99 61% 61% $60 $75 $148 51% 51% $75 $130 $198 66% 66% $130 $210 $396 53% 53% $210 $260 $593 44% 44% $260 $90 $88 103% 100% $88 $113 $110 103% 100% $110 $158 $154 103% 100% $154 $203 $198 103% 100% $198 $120 $139 86% 86% $120 including books-36 hours $100 $212 47% 47% $100 including books-40 hours $35 $113 31% 31% $35 24 hours $25 $29 85% 85% $25 session-8 lessons in 4 weeks $28 $29 96% 96% $28 15-+-session-8 lessons in 4 weeks $75 $88 85% 85% $75 minimum 4 lessons-per 30 minutes $72 $82 88% 88% $72 minimum 4 lessons-per 30 minutes. 2 persons similar age and ability $0 $4 0% 0% $0 $2.00 $7 30% 30% $2.00 $3.00 $5 55% 55% $3.00 $2.50 $6 41% 41% $2.50 $0 $44 0% 0% $0 $18 $66 27% 27% $18 $27 $55 49% 49% $27 $23 $60 37% 37% $23 $50 $50 100% 100% $50 $80 $99 81% 81% $80 $100 $148 67% 67% $100 $170 $198 86% 86% $170 $280 $396 71% 71% $280 $350 $593 59% 59% $350 $90 $88 103% 100% $88 $113 $110 103% 100% $110 $158 $154 103% 100% $154 $203 $198 103% 100% $198 $136 $139 98% 98% $136 including books-36 hours $125 $212 59% 52% $110 including books-40 hours $45 $113 40% 40% $45 24 hours $30 $29 102% 100% $29 session-8 lessons in 4 weeks 2002.2003 MAsnIl FEE SCHEDULE PACE 5 OF . 35 . . Current Cost of Fcc as a % Rccom'd ~o Adopted . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Units, etc.) ee ervlce 0 os Rccovc ee Adult SWll11mlOg Lessons Private Swimming Lessons Semi-Private Swimming Lessons $30 $90 $84 $29 $88 $82 103% 103% 103% 100% 100% 100% $29 1S....sesslon-a lessons In 4 weeks $88 minimum 4 lessons-per 30 minutes $84 minimum 4 lessons-per 30 minutes, 2 persons similar age and ability Recreation Programs (Resident and Non.Rllsldent) A:rACHME~T It Dances $3 $3 100% 100% $3 per event Special Trips varies varies n/a n/a varies per event Page __:1._.. )f __~- Dance Instruction Classes -per class $6 S6 100% 100% $6 -four classes/session $24 $24 100% 100% $24 -five c1asses/session $30 $30 100% 100% $30 Production Dance & Performance $40 $45 89% 89% $40 per session-12 weeks, 1 hr. classes Summer Dance Camp -one session $50 $90 56% 56% $50 -one session (if enrolled in day camp) $30 $90 33% 33% $30 -two sessions $80 $180 44% 44% $80 Open Gym -adult (per 1 Y. hr visit) $1 $1 100% 100% $1 -adult (15 1 Y. hr visit punch card) $15 $17 88% 88% $15 -youth (1 hr visit) $0 $1 0% 0% $0 Youth Soccer or Basketball -<lne player per family $18 $24 75% 75% $18 -two players perfamily $34 $48 71% 71% $34 -lhrEle players per family $50 $72 69% 69% $50 -four players per family $66 $97 68% 68% $66 Adult Softball Management Fee $110 $122 90% 100% $122 per team Adult B~sketb~nManagement Fee $1,258 $1,481 85% 100% $1 ,481 per season SUI!l_~r()~y Camp ~r \YElek. $40 $67 59% 59% $40 -all 8 weeks $290 $463 63% 63% $290 Exte.~C~I!lP Hours (per week) $12 $18 67% 67% $12 Exte.~~a~p~rs (all 8 weeks) $84 $123 68% 68% $84 Wa~'~~un ~un Registration -individual $8 $8 94% 94% $8 -age 8 and under $5 $8 63% 63% $5 -family $20 $24 83% 83% $20 Woodbum Open Tennis Tournament Reg -adult singles $10 $10 100% 100% $10 -adult doubles $16 $20 80% 80% $16 -youth singles (ages 10-17) $6 $10 60% 60% $6 -youth doubles (ages 10-17) $12 $20 60% 60% $12 Youth Tackle Football Program $60 n/a n/a n/a $60 Youth Summer Sports Camp $60 $66 91% 91% $60 Summer Tennis Lessons (per session) $30 n/a n/a n/a $30 Sports Pack Program (soccer & basketball) -ooe player $35 $48 73% 73% $35 ~ach additional player $32 $48 67% 67% $32 Afterschool Club (annual registration) $30 $102 29% 29% $30 Little Tykes Tumbling Program $25 $42 60% 60% $25 per session.7 weeks Facility Rentals-Civic Woodburn Community Center (all fees per hour) -auditorium/fireside room $10 $25 40% 40% $10 -auditorium/fireside room wlfood and beverages $15 $43 35% 35% $15 -kitchen (w/room rental) $10 $25 40% 40% $10 -kitchen (alone) $15 $25 60% 60% $15 ~ntire building $35 $43 81% 81% $35 Deposit (per rental) $50 n/a n/a n/a $50 lOOHOO3 MAsTER FEE SCHEDULE PAGE 6 OF I 36 T 1 . . Current Cost of Fee as a % Rccom'd ~o Adopted . . . Regulation, Product, or Service F S' f C t Cost F Notes (Additional Fees, Umts, etc.) ee ervlce 0 os Recove ee Factlity Monitors (building staff) Pari< Facilities (per day) -Legion Park Picnic -Seltlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park Athletic Fields (per hour) --Settlemier Park (softball/baseball) -Legion Park (softball/baseball) --Settlemier Park (youth soccer) -Legion Park (adult soccer) -Centennial Park (youth soccer) --Centennial Park (adult soccer) --Centennial Park (softball/baseball) Field Prep (all fees per game) -softball/baseball -soccer Athletic Field Lighting Deposits (per youth rental) Deposits (per adult rental) Facility Rentals-Private Woodburn Community Center (all fees per hour) -auditoriumlfireside room -auditoriumlfireside room w/food and beverages -kitchen (w/room rental) -kitchen (alone) ~ntire building Deposit (per rental) Facility Monitors (building staff) City Hall Council Chambers (all fees per hour) -<:hambers room -dlambers room w/food and beverages -kitchen (w/room rental) -kitchen (alone) Deposit (per rental) Facility Monitors (building staff) Park Facilities (per day) -Legion Park Picnic -Seltlemier Park Picnic -Burlingham Park Picnic -Senior Estates Park Picnic -any entire park Athletic Fields (per hour) -Seltlemier Park (softball/baseball) -Legion Park (softball/baseball) -Seltlemier Park (youth soccer) -Legion Park (adult soccer) --Centennial Park (youth soccer) --Centennial Park (adult soccer) --Centennial Park (softball/baseball) Field Prep (all fees per game) -softballlbaseball -soccer Athletic Field lighting Deposits (per youth rental) Deposits (per adult rental) I .. $10 $10 100 K. 100% $10 $15 $39 38% 38% $15 ~~:~~~.E~r A $15 $39 38% 38% $15 9- $8 $39 21% 21% $8 $8 $39 21% 21% $8 $150 $150 100% 100% $150 $5 $18 28% 28% $5 $5 $18 28% 28% $5 $5 $18 28% 28% $5 $17 $18 94% 94% $17 $5 $18 28% 28% $5 $17 $18 94% 94% $17 $5 $18 28% 28% $5 $35 $37 95% 95% $35 chalking, dragging, setting bases $35 $37 95% 95% $35 chalking/marking $15 $20 75% 75% $15 all fees per hour-Settlemier & Legion Parks $25 n/a n/a n/a $25 $50 n/a n/a n/a $50 $20 $25 80% 80% $20 $25 $43 58% 58% $25 $15 $25 60% 60% $15 $20 $25 80% 80% $20 $35 $43 81% 81% $35 $50 n/a n/a n/a $50 $10 $10 100% 100% $10 $20 $25 80% 80% $20 $25 $43 58% 58% $25 $15 $25 60% 60% $15 $20 $25 80% 80% $20 $50 n/a n/a n/a $50 $10 $10 100% 100% $10 $30 $39 77% 77% $30 $30 $39 77% 77% $30 $8 $39 21% 21% $8 $30 $39 77% 77% $30 $150 $150 100% 100% $150 non-exclusive use $5 $18 28% 28% $5 $5 $18 28% 28% $5 $5 $18 28% 28% $5 $17 $18 94% 94% $17 $7 $18 39% 39% $7 $17 $18 94% 94% $17 $7 $18 39% 39% $7 $35 $37 95% 95% $35 chalking, dragging, setting bases $35 $37 95% 95% $35 chalking $15 $20 75% 75% $15 all fees per hour-Settlemier & Legion Parks $25 n/a n/a n/a $25 $50 n/a n/a n/a $50 2002-2003 MAsTEIl FEE SCHEDULE PACE 7 Of 8 37 T T . . Current Cost of Fee as a % Recom'd '" Adopted . . . Regulation, Product, or Service Fee Service of Cost Rc:o:~st Fee Notes (Additional Fees, Units, etc.) . ~. Woodbum Community Center (all fees per hour) 11 -auditorium/fireside room $36 $25 144% 144% $36 I\TTACHMENT -auditoriumlfireside room wlfood and beverages $50 $43 116% 116% $50 Pacw_q of__'1____ -kitchen (w/room rental) $25 $25 100% 100% $25 -kitchen (alone) $27 $25 108% 108% $27 -entire building $45 $43 105% 105% $45 Deposit (per rental) $50 nfa nfa nfa $50 Facility Monitors (building staff) $10 $10 100% 100% $10 City Hall Council Chambers (all fees per houl) -chambers room $36 $25 144% 144% $36 -chambers room wlfood and beverages $50 $43 116% 116% $50 -kitchen (wfroom rental) $25 $25 100% 100% $25 -kitchen (alone) $27 $25 108% 108% $27 Deposit (per rental) $50 n/a n/a n/a $50 Facility Monitors (building staff) $10 $10 100% 100% $10 Park Facilities (per day) -Legion Park Picnic $50 $39 128% 128% $50 -Selllemier Park Picnic $50 $39 128% 128% $50 -Burlingham Park Picnic $37 $39 95% 95% $37 -Senior Estates Park Picnic $37 $39 95% 95% $37 Athletic Fields (per hour) -Selllemier Park (softball/baseball) $10 $18 56% 56% $10 -Legion Park (softball/baseball) $10 $18 56% 56% $10 -Settlemier Park (youth soccer) $10 $18 56% 56% $10 -Legion Park (adult soccer) $25 $18 139% 139% $25 -Centennial Park (youth soccer) $10 $18 56% 56% $10 -Centennial Park (adult soccer) $25 $18 139% 139% $25 -Centennial Park (softball/baseball) $10 $18 56% 56% $10 Field Prep(all fees per game) -softball/baseball $35 $37 95% 95% $35 chalking, dragging, setting bases -soccer $35 $37 95% 95% $35 chalking Athletic Field Ughting $20 $20 100% 100% $20 all fees per hour-Settlemier & Legion Parks Deposits (per youth rental) $25 nfa n/a nfa $25 Deposits (per adult rental) $50 nfa n/a nfa $50 Other Special Event Permit (one day) $1,275 $1,275 100% 100% $1,275 PLUS Additional Days $400 $400 100% 100% $400 OR Per Event Per Attraction Fee $50 $50 100% 100% $50 whichever is greater 1002-1003 MASTER FEE SCHEDULE PACE' OF' 38 r "'I" WOODBURN lOB ORE G 0 N Incorporated 1889 M E M o R A N D u M From: Mayor and City Council through v,t{ John Brown, City Administrato~0 Linda Sprauer. Library Directo; 4J November 5, 2002 /~ Chemeketa Cooperative Regional Library Service (CCRLS) COnV8ct To: Date: Subject: Background: The Intergoyemmental Contract Agreement between Chemeketa Community College (on behalf of CCRLS) and the City of Woodburn is due to be updated. For the past several years, the updates have consisted of an amendment page which speaks specifically to the current changes. This year the legal counsel of Chemeketa Community College felt it was time to update the entire contract. The changes and modifications are relatively minor. Most notable of the changes is the section which addresses compensation to the City and wording to recognize changes due to the collection of fees from CCRLS district nonresidents by member cities. Recommendation: Pass the resolution approving the Intergovernmental Agreement Contract by the Woodburn City Council and direct the Mayor and Library Director to sign said agreement. Woodburn Public library 21:10 Carlield S"u/ . W','r,/bllm, Ore,!!''''' </7071 Ph.503-982-5263 . F"X 503-982-5258 39 I . COUNCIL BILL NO, RESOLUTION NO. A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH CHEMEKETA COMMUNITY COLLEGE FOR PARTICIPATION IN THE CHEMEKET A COOPERATIVE REGIONAL LIBRARY SERVICE (CCRLS) AND AUTHORIZING THE MAYOR AND LIBRARY DIRECTOR TO SIGN SAID AGREEMENT. WHEREAS, the City has participated in the Chemeketa Cooperative Regional Library Service (CCRLS) and the users of the Woodburn Library have benefited by this service; and WHEREAS, the participation of the City in CCRLS has been governed by an intergovernmental agreement with Chemeketa Community College pursuant to ORS Chapter 190; and WHEREAS, this intergovernmental agreement has been recently updated to accurately reflect the current relati<)nship between the parties; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That ~he City of Woodburn enter into Intergovernmental Agreement Number 19403, which is affixed hereto as Attachment "A" and is by this reference incorporated herein. Section 2, That the Mayor and Library Director are hereby authorized to sign said agreement on behalf of the City. <(J)C\~ /\...a~ / /- b - 2tJO 2- Approved as to form: . Y' V {./ "'---/ City Attorney Date Approved: Richard Jennings, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Tennant City Recorder City of Woodburn, Oregon Page I - Council Bill Number Resolution Number 40 .,. CHEMEKETA CroPERATIVE REGIONAL LIBRARY . SERVICE ATTACHMENT 1-\'- P~ge-L of \Q CHEMEKETA COLLEGE CONTRACT #194 03 INTERGOVERNMENTAL AGREEMENT This agreement is entere~ into between CHEMEKET A COMMUNITY COLLEGE hereinafter called COLLEGE and the CITY OF WOODBURN, OREGON, an Oregon municipal corporation, hereafter called the CITY. WITNESSETH: The purpose of this agre~ment is to provide for the participation of the library of CITY in the CHEMEKETA COOPEMTIVE REGIONAL LIBRARY SERVICE (CCRLS) under the terms and conditions set forth below. NOW, THERFORE, in ~onsideration of the mutual obligations and benefits herein set forth: 1.0, TERM AND T~RMINATION 1.1 Parties agree that the term of this agreement shall be from July 1, 2002 through June 30, 2003 subject to tlile conditions for renewal and/or termination as provided herein. 1.2 Upon amendment of budgeted figures, this agreement shall be automatically renewed for a period of one (t) year at its expiration unless agreement is terminated as provided herein. Amendments shall be in writing. 1.3 This agreement may be terminated by mutual consent of both parties or by either party upon 30 days notice in writing and delivered by mail or in person. 1.4 The College may terminate this agreement effective upon delivery of written notice to CITY or at such time, under any of the following conditions: 1.4.1 If funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for the purchase of the indicated quantity of services. This agreement may be modified to accommodate a reduction in funds. 1.4.2 If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement. WOODBURN LIBRARY #1'94 03 CCRLS · P.O. Box 14007 · 4000 Lancaster Dr. · Salem. OR 97309-7090 41 I ! r T ATTAC~ENT A Page of 10 1.4.3 If any license or certificate required by law or regulation to be held by CITY to provide the services required by this agreement is for any reason denied, revoked or not reI1ewed. \.5 Either party may! terminate this agreement upon the other's material breach of any of its terms, by giving written notice to the party in breach at least 60 days in advance of the effective date of termination. Cure of the breach by the party in breach within the 60-day period shall void. the notice of termination. 1.6 This agreement, ~md any subsequent renewal may be terminated by either party without breach by the other upon giving written notice to the other party no later than May 1 of any year. TermiI1lation shall be effective at midnight on the following June 30. It is the intent of this par,,-graph that the parties recognize an obligation of good faith to create and continue by virtue of this agreement and successive renewals, a long-term relationship. 1.7 In the event eith~r party terminates this agreement, COLLEGE shall provide to CITY its current bibliogra~hic, borrower, and circulation records and databases in machine- readable media apd format. 1.8 Any such termin~tion of this agreement shall be without prejudice to any obligations or liabilities or eithdr party already accrued prior to such termination. 1.9 In the event that the CCRLS activities of the COLLEGE should cease and the assets and operations of CCRLS are not assumed by a successor providing equivalent service, then all assets of the CCRLS Automated System shall be transferred to participating cities without charge. 2,0 COMPENSATION 2.1 CITY will be compensated by COLLEGE in the amount of $46,997 as compensation for the CITY providing nonresident library service for the residents of the COLLEGE District. Payments shall be made in four equal installments of$II,749.25 at the end of each quarter. 2.2 The COLLEGE shall pay the CITY for each net loan provided, i.e., the difference between the number of CITY items loaned to and checked out in another library and the number of items owned by other libraries borrowed and checked out by the CITY library. Tabulation of net loans shall be provided by the CCRLS automated integrated library system. A budget of $45,000 shall be designated for this program for 2002-03 with $11,250 budgeted each quarter. The CITY shall be paid its pro rata share on a quarterly basis. 3.0 RESPONSIBILITIES OF COLLEGE 3.1 Under the tenns qfthis agreement the COLLEGE shall: WOODBURN LIBRARY #194 03 2 42 I .,. r T T ATTAC~MENT A Page of lO 3.1.1 Provide for the fiscal and administrative management of the Service. 3.1.2 Maintain the following: a. The Chemeketa Cooperative Regional Library Advisory Council hereinafter referred to as the CCRLS Advisory Council, through which recommendations on policies of the Service can be expressed. Exhibit "A" as attached included the present membership of the CCRLS Advisory Council. b. An ongoing liaison with Polk, Yamhill and Marion Library Association (or their executive committee) through which recommendations on pI10cedures and their implementation can be expressed. 3.1.3 Provide operation and maintenance of the CCRLS Automated System and related databases, including: a. COLLEGE, through CCRLS shall maintain bibliographic, circulation, and borrower data in an automated database management system. Design, applications, and enhancement of the automated system database management system shall be subject to review by the Automation Committee any proposed changes in design or operation of the system. b. COLLEGE, through CCRLS, shall manage the CCRLS automated system under the terms of this AGREEMENT and other applicable agreements with vendors and participating library so that CITY has access to its bibliographic, circulation, and borrower records during library business hours, and at other times as agreed between the CITY Library Director and the CCRLS Coordinator. The management responsibility for the automated system includes the obligation of CCRLS to monitor and evaluate entries for new materials and retrospective conversion of cataloging of old materials in order to maintain the highest quality bibliographic MARC database. c. COLLEGE, through CCRLS, shall acquire and provide for effective maintenance and support of all present and future central and remote automated system equipment at its own expense; and provide for secure installation and housing for automated system except such automated system equipment as is acquired by CITY for installation at its library, or as othelWise provided in ~6.3 of this agreement. d. COLLEGE, through CCRLS, shall coordinate and assume cost for installation of telecommunications equipment and lines at CITY's central and branch libraries for use with automated system. Parties agree that CCRLS does not control, and therefore cannot warrant, the WOODBURN LIBRARY #19403 3 43 T ATTAC~t.4ENT f1 Page -H..... of (0 telecommunication networks used to communicate data from a remote site, nor does this agreement cover maintenance of telecommunication lines. e. COLLEGE, through CCRLS, shall acquire and furnish to CITY certain necessary supplies, such as utilities, report forms, reserve notices, bar codes, overdue notices, magnetic tapes, and other supplies except screen printer paper and ribbons which may be required to provide the services of automated system to CITY. f. COLLEGE, through CCRLS, shall coordinate all service, support, and maintenance necessary to the proper operation of automated system; and shall enforce rules and standards for use of automated system by participating libraries. CITY shall enter, retrieve, modify, and delete data in and from automated system in accordance with those rules and standards. As part of the obligation to provide for service, support and maintenance, COLLEGE shall maintain agreements for hardware maintenance and software support with AMERITECH LIBRARY SERVICE. CCRLS shall provide reasonable approved maintenance and support for automated system hardware and software not provided by AMERITECH LIBRARY SERVICE. CCRLS shall provide reasonable prior notice to CITY when system operation must be suspended for operational or maintenance requirements. CCRLS shall exercise its best efforts to schedule such periods of suspension during hours when CITY's libraries are closed. Except for suspension of operation for necessary system maintenance or because security of the CCRLS automated system database or software is compromised or damaged, CCRLS shall not "lock out" CITY terminals from automated system. COLLEGE, through CCRLS shall provide one or more dedicated telephone lines to serve the system, and related telecommunication equipment as provided in the agreement with the vendor for the automation system, and pay all related installation, acquisition, maintenance, and use cost. g. COLLEGE, through CCRLS, shall regularly backup CCRLS automated system data and store the media containing such backup in a secure facility. In the event of system malfunction or loss of data, CCRLS shall promptly restore the most recently backed up date to the system once it is again functioning. No liability is assumed by CCRLS if the automated system experiences down time. h. COLLEGE, through CCRLS, shall provide training for at least one CITY staff person at any time the automated system operating systems or procedures are changed, enhanced, or otherwise revised. CCRLS shall provide up to date user manuals for CITY's staff. All other training of CITY staff shall be the responsibility of CITY. CITY shall designate one staff position responsible for coordinating training and operations matters WOODBURN LIBRARY #194 03 4 44 T ATTACHMENT A Page _.!?__ of ( .::> with the CCRLS staff person responsible for automation system operations. I. COLLEGE shall provide and maintain appropriate space for the central computer facility serving CCRLS automated system. J. COLLEGE shall provide for general maintenance and utilities to support the CCRLS automated system. This obligation includes janitorial service, maintenance painting as necessary, structural repairs, lighting and electrical system maintenance, and HV AC maintenance. k. COLLEGE shall, while in possession of the computer system hardware, iqcluding peripheral devices, repair or replace as necessary any such items wJ1ich are lost, physically damaged, or destroyed as a result of fire, theft, v~dalism, or other sudden and unforeseen occurrence which would be a peril insurable under a standard form electronic data processing property illiSurance policy; provided that CITY shall have no obligation under this paragraph with the acts of vandals gaining access to the computer system, programs, or data tangible components of the system; and, provided further, that CITY shall not be liable under this agreement for any consequential damages incident to any loss covered under this section. 1. COLLEGE shall provide personnel for the operation of the system. "Operation" includes: use of supplied software to generate reports, notices, lists, and similar documents and files; preparation and mailing of over due notices, hold notices, reports, billings, and other specified documents produced for routine system operation by the vendor(s) of the system and its installation, maintenance, or support of software, or the maintenance, repair or replacement of hardware or firmware. m. COLLEGE, through its governing board, retains final authority over the policies and decisions relating to budget, operating procedures, system design, participation by other libraries, and other like issues of a general policy nature affecting their operation of CCRLS and automated system. The board, however, shall not take such actions without the recommendation of the CCRLS Advisory Council. n. In serving card-holding CCRLS district nonresident patrons, COLLEGE shall abide by each CITY's rules and procedures regarding borrowing privileges. In no case shall card-holding residents of the CCRLS district receive less than the basic level of service from COLLEGE. o. COLLEGE shall provide a monthly accounting and quarterly reporting of expenditures under this program to the CCRLS Advisory Council. WOODBURN LIBRARY #1:94 03 5 45 j "I" T ATTACHMENT A Page~ of 119 p. COLLEGE shall reimburse CITY for library materials borrowed by non- residents under this AGREEMENT and not returned by the borrowers within six months of due date. CITY hereby transfers and assigns all interests in such materials, and all rights to unpaid overdue fines with respect thereto to COLLEGE. q. COLLEGE shall provide regular courier service between the participating libraries. 4.0 RESPONSIBIUITIES OF CITY 4.1 Under the terms of this agreement the CITY shall: 4.1.1 CITY will provide at least the basic level of service to nonresidents within the COLLEGE District. Basic level of service is defined as one checkout and one hold per person at a time, utilizing individual rather than household cards. CITY shall provide free borrowing privileges to card holding residents of other participating CCRLS cities (including Silver Falls District.) In no case shall card-holding residents of the CCRLS district receive less than the basic level of service from CITY. CITY shall provide full-borrowing privileges for all currently registered COLLEGE students who present a valid library card. CITY shall notify each current non-resident cardholder within its geographic zone at least 30 days prior to instituting a fee for service above the basic level. No advance notification is necessary for fee increases. 4.1.2 Provide reference and information services to patrons ofthe participating libraries of the CCRLS District in cooperation with the College and other participating libraries. 4.1.3 Provide for the regular participation of the library director in meetings of the Polk, Yamhill and Marion Library Association (PYM) and as may be necessary in meetings of the CCRLS Advisory Council. Regular participation shall be defined as attendance by the library director at each meeting, unless excused. CITY library director's attendance at the September meeting of the PYM Association is highly encouraged. 4.1.4 Assumes full responsibility for the accuracy of data at its entry into the automation system database, and for updating that data accurately to reflect the proper links to the material in its library. Such data includes, but is not limited to Barcode number, library location, volume number, call number, copy number, type of material, status, etc. WOODBURN LIBRARY #194 03 6 46 T ATTACHMENT t1 Page ..1-_ of _ 10 4.1.5 Take reasonable measures to protect equipment in CITY's possession from abuse, theft, and misuse, CITY shall, while in possession of the computer system hardware, including peripheral devices, repair or replace as necessary any such items whjch are lost, physically damaged, or destroyed as a result of fire, theft, vandalism or other sudden and unforeseen occurrence which would be a peril insurable under a standard form electronic data processing property insurance policy; provided that CITY shall have no obligation under this paragraph with respect to loss resulting from defect in the computer system itself, or from the acts of vandals gaining access to the computer system, programs. Or data through the system's modem and not by the application of physical force to the tangible components of the system; and, provided further, that the CITY shall not be liable under this AGREEMENT for any consequential damages incident to any loss under this section. 4.1.6 Prepare, provide, and maintain the furniture and physical location for installation of automqted system terminals and equipment in its library. This responsibility includes cable installation, electrical power, and environment, all meeting manufact(lrer and vendor specifications. 5.0 LIABILITY 5.1 Each party agrees to waive, forgive, acquit and discharge any and all claims it may otherwise have against the other or the officers, employees and agents of the other, for or resulting from damage to or loss provided, however, that this discharge and waiver shall not apply to claims by one party against any officer, employee or agent of the other arising from such person's malfeasance in office, willful or wanton neglect of duty, or actions outside the course and scope of his or her official duties. 5.2 Each party shall insure or self-insure, and be independently responsible for, the risk of its own liability for claims within the scope of the Oregon Tort Claims Act. 6.0 MISCELLANEOUS PROVISIONS 6.1 CITY performs under this contract as an independent contractor. Neither CITY nor its officers, employees and agents engaged in operation of the system under this article are agents of COLLEGE for any purpose. 6.2 City may request that CCRLS provide specialized reports not regularly generated by automation system. CITY shall reimburse CCRLS for the cost of providing such special reports. 6.3 City may purchase equipment and software to expand and enhance its own operations; provided that such equipment and software is acceptable to CCRLS as compatible with the automated system. CITY shall not connect or install any such equipment or software WOODBURN LIBRARY #19403 7 47 T ATTACHMENT Page _~ _ of Ii 10 without the review and written approval of CCRLS after at least 90 days prior to notice by CITY. 6.4 Except as to equipment and software purchased by CITY under 96.3, all automated system hardwar{'l, software, and other capital equipment shall remain the property of CCRLS, and CI1Y shall have no claim thereto other than the right to use thereof under this AGREEMENT. 6.5 The parties agree that all circulation data, which would in any way identify a particular library user or t~ materials borrowed by any user, are confidential and exempt from disclosure under the Oregon Public Records Law. Each party shall refuse disclosure of any and all such data unless ordered by the District Attomey. 7.0 AMENDMENTS The terms ofthi~ agreement shall not be waived, altered, modified, changed, supplemented ot amended in any manner whatsoever except by written instrument signed by the parties. 8.0 NOTICE 8.1 Any notice required to be given CITY under the agreement shall be sufficient if given in writing to the CITY's Library Director. 8.2 Any notice required to be given COLLEGE under the agreement shall be sufficient if given in writing to the COLLEGE's CCRLS Coordinator. FOR THE CITY OF WOODBURN: FOR THE COLLEGE: Richard Jennings Mayor-City of WOODBURN 270 Montgomery Street WOODBURN, Oregon 97071 (503) 982-5222 Linda Cochrane Coordinator-CCRLS P. O. Box 14007 Salem, Oregon 97309-7070 (503) 399-5105 9.0 CONT ACT PERSONS FOR THIS CONTRACT Linda Sprauer Woodburn Library Director 280 Garfield Street Woodburn, Oregon 97071 (503) 982-5263 Linda Cochrane Coordinator-CCRLS P. O. Box 14007 Salem, Oregon 97309-7070 (503) 399-5105 WOODBURN LIBRARY #194 03 8 48 T ATTACH M ENT--lL--- Page -ct.... of l 0 SIGNATURES This contract and any c~nges, alterations, modifications, or amendments to it shall not be effective until approved by the appropriate representative of the parties hereto. In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below. FOR THE CITY OF WOODBURN: FOR CHEMEKET A COMMUNITY COLLEGE: Signature Richard Jennings Mayor-City of WOODBURN /~\ "_ ~(lIJf1 't.l<irlCi'<5iu,~ Signaure Julie Huckestein Director of Business Services Cf/ltJ/ucr Date f I Date APPROVED: Linda Sprauer Library Director WOODBURN LIBRARY #194 03 9 49 T EXHIBIT A ATiACHMENl A CHEME~TA COOPERATIVE REGIONAL LIBRARY SE~E4-Q of _. to I 2002-03 Council Members James Fairchild, Chairperson Polk County Lay Member 297 S. E. Ironwood Dallas, OR 97338 Phone: (h) 503-623-2605 Cell: 503-315-1908 Internet: iamesbfair(ci!{1o l.com +Tern1 expires: 12/31103 Marlys Swalboski Medium Library Representative Director - Silver Falls Library District 410 South Water Street Silverton, OR 97381 Phone: (b)503-873-6513 FAX 503-873-6227 Internet: marlvss@ccrls.org +Term expires: 6/30/04 Robert Dodge, Vice Chair Yamhill County Lay Member 914 N. W. Sunnywood Court McMinnville, OR 971 +8 Phone: (h) 503-472-5135 Internet: rdod~e(a!onl,nemac.com +Term expires: 12/31/03 Kent Taylor City Manager Representative City Manager of McMinnville 230 E. Second Street McMinnville, OR 97128 Phone: (b )503-434-7302 Internet: taylork@ci.mcminnville.or.us Laurie Baker Small Library Represe(1tative Director - Jefferson Public Library 128 N. Main Street/P. p. Box 1068 Jefferson, OR 97352 Phone: 541-327-3826 Internet: jeffpl@open.org +Term expires: 6/30103 Gail Warner Large Library Representative Director - Salem Public Library 585 Liberty Street S.E./P.O. Box 14810 Salem, OR 97309 Phone: (b)503-588-6071 FAX: 503-588-6055 Internet: gwarner@open.org Claire Christiansen Rural Lay Representative 14925 S. E. Alderman Road Dayton, OR 97114 Phone: (h)503-868-7266 Internet: kcfilberts@hotmail.com +Term expires: 6/30/04 Donna Zehner PYM Chair Director - Dallas Public Library 950 Main Street Dallas, OR 97338 Phone: (b)503-623-2633 FAX 503-623-7357 Internet: donna@ccrls.org +Term expires: 6/30/03 Linda Cochrane CCRLS Coordinator - Chemeketa College 4000 Lancaster Drive/P. O. Box 14007 Salem, OR 97309-7070 Phone: (b) 503-399-5105 FAX: 503-589-7628 Internet: coc\(a),chemeketa.edu Ex Officio Members Dave Galati, Executive Director Mid- Willamette Council of Government 105 High Street S. E. Salem, Oregon 97301-3667 Phone: (b) 503-588-6177 FAX: 503-588-6094 Internet: dgalati(a),otJen.org Twyla Knowles Marion County Lay Member 1480 Winter Street NE Salem, OR 97303 Phone: (h) 503-585-4376 (w) 503-947-7805 +Tenn expires: 6/30/05 Recording Secretary Eileen Buyserie, Secretary 4000 Lancaster Drive NE/P. O. Box 14007 Salem, OR 97309-7070 Phone: (b )503-399-5119 FAX: 503-589-7628 Internet: buve@chemeketa.edu Rev. 7/02 50 I ~ T - STAFF-~REPORT-~-- W90"ii~~ To: FROM: VIA: DATE: SUBJECT: Honoroble Mayor and Council .:J'~ Matt Smith, Management Analyst II /7 . John C. Brown, City Administrator ltl? For the Council Meeting of November 12, 2002 Revised Tree Protection and Preservation Ordinance Recommendation: It is recommended that the City Council review the attached discussion draft of the tree protection and preservation ordinance, direct staff to finalize the ordinance, and schedule the ordinance for a public hearing at the Council's next meeting. Background and Discussion: The draft tree protection and preservation ordinance was presented to Council at the October 14, 2002 Council meeting. Council commented on the draft, and suggested various changes. Council's suggestions are incorporated in the attached revised ordinance (Attachment "A"). Staff also made minor grammatical changes, and removed the tree care provider provision to comply with state statutes based on the advice of the Assistant City Attorney. In this draft, the minimum size for trees qualifying as "Specially Protected" is increased from 24 inches to 36 inches in diameter at breast height to focus protection efforts on the largest trees. The location of trees classified as "Specially Protected" are also limited to within required setbacks that abut a street, reflecting Council's preference to concentrate on protecting the character of the streetscape. The list of nuisance trees is expanded to include trees that are inappropriate to Woodburn's climate, exhibit dangerous physical tendencies (e.g., weak limbs that drop frequently, insufficiently deep root systems, highly susceptible to disease), or create significant litter. Many of the trees added to the list were drawn from the list of prohibited trees in the City's Development Ordinance, resulting in greater consistency between City ordinances. The revised ordinance clarifies the Community Development Director's role in approving plans detailing replacement tree placement. The replacement ratio standard is further revised to reduce the financial impact on property owners when compensating for the removal of a tree. The penalties section is dependent on the replacement section, and will CnY ADMINISTRATOR'S OFFICE ~.. 270 MONTGOMERY STREET ~ (503)982-5228 51 I - T be completed once he latter section is finalized. Conclusion: The attached <!>rdinance revision reflects Council's suggestions regarding the provisions of the draft tree protection and preservation ordinance presented on October 28,2002.. Your direction concerning additional revisions and presentation of the ordinance at a public hearing is respectfully requested. Stoff Report re Revised Tree Protection ond Preservation Ordinance Page 2 of 2 52 . . T ATTACHMENT -A Page......L- of t1 TREE PRESERVATION AND PROTECTION ORDINANCE WHEREAS CLAUSES The City of Woodburn recognizes the importance of trees to the character and beauty of Woodburn as well as tht1 role that trees have in advancing the public health, safety and welfare. The City has therefore determined that reasonable regulation of the removal of certain trees is necessary . The City of Woodburn recognizes that specific trees in Woodburn deserve special status due to distinctive form, size, age, 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 result 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 of Woodburn 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 ofthe 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: A. Maintain tree cover 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, Page I 53 T ATTACHMENT~ Page~ of l noise pollution, storm runoff and soil erosion; providing habitat for birds, small mammals, and other wildlife; increasing water quality and real property values; and enhancing visual and aesthetic qual~ties that attract visitors and businesses and serve as a source of community imag~ and pride. B. Maintain trees in a healthy condition through good cultural practices to reduce risk of breakage or failure which can result in personal injury and property damage. C. Establish and maintain age and species diversity. D. Promote conservClltion of tree resources. The benefits of trees increase with size and canopy cover. T~refore, 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 b~ making provisions for replanting. E. Protect water quality, control surface water run-off, and protect ground water recharge. F. Protect persons and 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 C. Trees on Land Subiect to a Development Permit Application Exempt. 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 (if applicable) has been issued. Individual lots that are created by COh!;tIUction of a subdivision, Planned Unit Development or land partition shall be subject to a tree removaI5cpalC'l:tc permit pursuant to this ordinance for the removal of trees from said individual lot for anybcYOIld tll05C trees not approved to be removed pursuant to the subdivision, P.U.D. or land partition decisiontlcc ICllloval pClIllit. Section 3, Definitions Page 2 54 I ~ T ATTACHMENT ~ Page..2L of (i A. Arborist. Arborist means a person who has met the criteria for certification from the International Society of Arboriculture of American Society of Consulting Arborists, and maintains his or her accreditation. B. Basal flare. Basa~ flare means that portion of a tree where there is a rapid increase in diameter at the junction of the trunk and root crown. C. Building footprin~. That two-dimensional configuration of an existing building's perimeter boundaries as measured on a horizontal plane at ground level. D. Diameter. Diameter means the length of a straight line measured through the trunk of a tree measured at breast height (54 inches, or four and one half feet) from ground level measured from the uphill side at the base of the trunk. E. DBH, Diameter at Breast Height. The diameter of the main stem of a tree. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split and is considered one tree. Ifthe 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 11:56% or more of the crown, trunk, or root 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. I. Topping. Topping means the severe cutting back ofa 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. Other 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 'pollarding" when conducted in accordance with the standards established by the International Society of Arboriculture. Page] 56 T ATTACHMENT f\ paga -':L- of I "1 J. Tree. "Tree" means any woody plant having at least one well-defined trunk at least five t51 six (6) inches DBH. For the purposes of this ordinance arborvitae, English holly, English ivy, English laurel, photinia, 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. "Tle.e. Cale. rlovi~e.I." "Tle.c Calc PlOvidcI" IIleallS a pOSOh legiste.le.d with tllC OIe.gOII ConstlUetiOlI Coqtlactols Doal d to pCl fOI111 tl (e. pI esel vatioll, tlee. nlailIte.nalIce alId/or trce ICllloval activities, includillg but IIOt lillJitcd t(J plUllillg. tl~e.lilllb Ie.nloval, tle.( 01 limb gUyilIg, alId tlce tb1ilizatioll. Section 4. Specially Protected and Landmark Trees A. Specially Protect~d Trees. The following trees are Specially Protected Trees, subject to a higher level of protection than other trees subject to this ordinance. (I) Trees planted or retained to meet requirements ofthe Woodburn Development Ordinance or its predecessor regulations, a site development permit, or a specific condition 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 of Llpldmark Trees. (1) Any tree over 24-36-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 24-36-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 of a desirable species; Page 4 56 T ATTACHMENT=t\ Page -!2- of (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) The tree has a docllmented association with a historical figure, property, or significant historic event. (e) The tree is significant due to a functional or aesthetic relationship to a natural resource, sllch as trees located along stream banks. (f) The tree's health, aerial space, and open ground area for the root system have been certified as sufficient by an arborist. (5) After c04ncil approval of a landmark tree designation, the Director shall notify the property owner(s) in writing. A listing of trees so designated shall be kept by the Director. (6) Once designated, a landmark tree shall be subject to the provisions of this Ordinanoe 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: (1) Single Family Residential Uses. To remove a tree smaller than twc.nty-fonr (24) thirty-six (36) inches DBH located on a lot or parcel that has a single-family dwelling on it and i5 locatcd in a RS or R I S zone pursuant to the official City of Woodburn Zoning Map, unless the tree is a specially protected tree located in the front yard setback or any other yard setback abutting a street, as determined by the W oodbum Development Ordinance. (2) Nuisance Trees. No tree removal or topping permit is required for any ofthe following species which are considered a nuisance. (a) Acer negundo, Box Elder (b) ACCl plahahoidc5, NO! wa} IlIaplc Page 5 57 T (c) (d) (e) (f) (g) (h) (i) G) (k) (1) (m) (n) (0) (P) (q) (r) (s) (1) (V) ATTAC~ENT A Page of l "\ A<.C! sacdlal inum, sil vCl tlIaplc. Aelanthus altissima, tree-of-heaven A~scu1us hippocastanum Albiziajulibrissin, silktreet (Mimosa) C$rya species, hickory pecan C,talpa species, catappas Cithis species, hockberry or sugarberry Fmxinus excelsior, European ash F$Xinus Pennsylvania, green ash Frjaxinus velvetina, desert or velvet ash Il~x aquafolium, English holly, C~hium llIaculatunl, poisoll llCllllock Laburnum watClCli, golden chain tree L~uidambar stycifura, sweetgum MlaIus "wintergold," winter crab apple Pqpulus species, popular, cottonwood Ptunus Laurocerasus, English, Portugese laurel r~ul~" thundercoulq.elm . lac (3) Emergencies. Tree removal made necessary by an emergency in order to prevent imminent threat to public safety, injury to persons, or damage to property, and it is impractical due to the emergency to apply for a permit. (a) After-the-Fact Tree Removal Permit Reauired. Within seven days after the tree removal, the tree owner shall make application for an after-the-fact permit. (b) "Emergency." For purposes of this subsection an emergency is an unplanned or non-routine event, such as windstorm, flood, freeze, utility damage or other like disasters, which by its nature requires prompt or immediate action to reduce the risk of injury to persons or damage to property. (c) City 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 tree without a permit. The City Engineer's decision that an emergency exists is not reviewable. Page 6 58 y ATTACHMENT f., Page -=:1...- of - - (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) Pl1otograph 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, thlt Director shall deny the application sllall be dCl1icd and the tree owner shall be subject to penalties and to the mitigation requirements of this ordinance. (4) City Utilit' 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. (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 of this Ordinance. D. Tree Cale Providel Required. All tree pItlning and nee remo"al and nee topping functions shall be. performed by a "Tree Cale PrOvider," nnless performed by a resident o[the City on a nee located on the property on ~hich the resident resides. Defore perfonning nee prnning and/or nee remOval topping scr vices within the City, a TIee Cmc PrOvider shall be registered ~ith the Ciry. The Tree Cale ProvidCI shall agree to eomply .md perform all work within the. City in accordallc.e ~ith the Americ.an National Standmds In~tittrtc A-JOO standaI ds, 1 dating to tl ee eal c. E. Burden of Proof. In any action under this ordinance or to enforce the provisions of this ordinance, the property owner or authorized representative has the burden to prove that the criteria for granting 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 necessary. 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. Whele tile. llCC is on a lot or palcel Ploposcd fOI de\:lelopnKl1t necessitating a dcvc!c,pmcnt pGlll1it, ICll10val o[thc tlee shall be ICviewed as Page 7 ~9 T ATTACHMENT A Page ~ of l1 palt ofdIc land tl5C dcvclopmellt application ptll5Uallt to tl.c Woodbtllh Dcvclopmcht Oldihahcc. 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 prop~rty 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. (5) A map at a minimum scale of I inch equals one hundred feet, that locates all property boundaries; utility services and all easements; trees; drainage ways; wetlands; surface water; structures; and other improvements, including impervious surfaces; on the property. (6) A tree removal plan which shall identify each tree to be removed; and describe proposed replanting mitigation measures and protective fencing or markings around other trees or spaces to protect surrounding vegetation and other protective measures. (7) The time and method of cutting or removal. (8) Any other information reasonably required by the City; (9) An application 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-f1ve feet or less the applicant shall mark or stake the property line(s) so that it is readily visible. Section 8, Permit Review Process Page 8 60 . lIII ! - T ATTACHMENT A Page~ of 11 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. 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 shall state that the tree cutting permit can be appealed within fourteen (14) days of the date of posting by filing a written notice of intent to appeal with the Director. The applicant shall file an affidavit of posting and marking once the property has been posted and the trees have been marked pursuant to this section. The tree cutting permit shall not be issueO 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 person 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 period 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. Page 9 61 I - T ATTACHMENT ---A- Page -1.Q.. of '1 (2) An applicant for a tree removal or topping permit may appeal denial of the 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 t\jlisrepresentation. 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. A. Mandatory Iss~ce of Permit. The Community Dc. "dopmc.nt Director shall approve a tree removal permit upon substantial evidence that the tree is of the following: (1) Dangerous Tree. Removal of the tree is necessary because the tree is dangerous. "Dangerous" means a tree that is cracked, split, leaning or physically damaged to the degree that it is likely to fall and injure persons or property and such hazard or danger cannot reasonably be alleviated by pruning or treatment of the tree. Dangerous tree includes trees with a disease that, without reasonable treatment or pruning, is likely to spread to adjacent trees and cause such adjacent trees to become diseased or dangerous trees. Except in an emergency, an application for removal of a dangerous tree shall include an arborist report verifying that the tree is dangerous and the danger cannot be alleviated by pruning or other treatment of the tree. (2) Dead or Dving Tree. The ConJInunity DcvdophlCht 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 because it is diseased, infested with insects or rotting and cannot be saved by reasonable treatment or pruning, must be removed to prevent spread Qf the infestation of disease to other trees, or less than ten percent of the crown is alive. Page 10 b2 - T ATTACHMENT A Pago --1L of 11 (b) "Dead" means that the tree is lifeless. Evidence of lifelessness may i~lude unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. (c) The COlllnlunity DcvdopnKilt Director may require the retention of a dead 0( dying tree located in wetlands, natural 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 s~fe and adequate access to utility service, utility drainage, or right-of- way. (4) Harmful 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 threatenin.g to cause damage to, but not limited to, the foundation, eaves, or gutter. B. Discretionary Issuance of Permit. The Director may issue a tree removal permit for a tree that is not dangerous, dead or dying upon substantial evidence that the following criteria are met: (1) The removal of the tree is necessary or desirable for one of the following reasons: (a) provide solar access and pruning the tree would not provide adequate solar access, (b) promote the health of trees in the area, or (c) responsible property management, taking into consideration scenic, aesthetic, ecological, wildlife, and similar values; and (2) Removal of the tree will not have a significant negative impact on the health and stability of nearby trees or existing windbreaks; and (3) Removal of the tree will not have a significant negative impact on neighborhood character, aesthetics, or property values. Page 11 63 I . T ATTACHMENT Page -1l::.. of A " (4) For trees on parcels larger than one acre the Director shall consider, in addition to the above criteria, whether the tree removal is consistent with the preservation of the site's Juture development potential and preservation of important natural values consistent 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 td ensure against windthrow; (e) Clear cuts of developable areas should be avoided so as to retain a wooded cljlaracter of future building sites, and preserve housing and design options for future city residents. C. Specially Protec~ed Trees. The Commmlity Development Director shall not approve a tree removal or tbpping 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 needs to be removed to construct proposed public improvements and no practical alternative exists without significantly increasing cost or inconvenience, or reducing safety. (3) The tree has lost its significance due to damage from natural or accidental causes, or for some other reason it can be established that it is no longer of historic or natural significance. 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%) of a 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: Page 12 64 I ~ T ATTACHMENT A Page j2. of 11 (1) The tree has been severely damaged by storms or other uncontrollable causes; (2) The tree ~s 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 do~s not require a permit, however, no person shall limb a tree in any manner that remq>ves more than 30% of the existing limbs. Section 11. Tree Re>>lacement Requirements A. If the Director authorizes removal of a tree because it is dead, dying or dangerous no replacement tree 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, subject to approval of the ~placement plan by the Director. (1) On-site Mitigation. As many t Trees as possible will be replaced, if possible, on the property where the removed tree was located. (2) Street Trite Mitigation. A replacement tree(s) may be planted in the public right- of-way adjoining 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 Mitigation. Ifthere is insufficient available space on the subject property and/or adjacent right-of-way, the replanting required in subsection (1) shall occur on other property in the applicant's ownership or control within the City or in a city owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned property, the City may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City owned or dedicated property. (4) In-Lieu-ofMitigation Fee. Ifno suitable place for a replacement tree(s) exists on the property where the tree to be removed is located or if the applicant chooses to pay the mitigation fee rather than plant a replacement tree, the applicant may, in lieu of planting, pay a mitigation fee into the City's tree fund an amount of money of the replacement trees that would otherwise be required. Page 13 ~o I ~ T ATTACHMENT Page -Ll.{... of A l1 B. In reviewing the applicant's tree replacement plan, the Director shall consider the mature size of the replaqement tree and shall not approve the replanting of more trees on a site than the site can ~ccommodate at maturity. CB. The: objcctivc il1 ~cplaGing tIees sl,all be to leplace to the IlIaxilllulll cxtel1t feasible tile cal10py lost as a tc.sult of ICIIIO v illg tile 11 e<:(s ). Replacement of removed trees shall comply with all the following requirements. (1) Replace~ent trees for trees removed under 36 DBH shall be a minimum of two (2) al1d one-half (2 7S) DBH. The quantity of replaced trees shall equal one tree for each tree(s) removedtl,<: sallie DOli 01 a cOlllbil1atiol1 oftlecs \\ith total of one-illcll of DOl I pC! eael] incll of diallletc! of tile IClllovcd tIee(s). However, if the removed tree is a specially protected tree it shall be replaced with a tree of at least 3 Y2 DSHa 48" box size tlce. (2) The repl(liCement tree shall be planted within one (I) year of permit approval. (3) The quality of all replacement trees shall conform to the standards of the AmericaIl National Standards Institute Z 60.1-1990 Specifications for Acceptance of 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. 1Je. If any replacement tree dies within three years of the planting, the property owner shall replace the tree. E. InGeu of Mitigqtion Fee. The amount of the mitigation fee shall be established. by the City Council in the Master Fee Schedule Ordinance, based on the average value of a 2 DBH tree available from local nurseries plus planting costs. Section 12, Authority to Impose Conditions of Approval. The Director may attach conditions to the approval of a permit if the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on other trees, natural features or processes or on the built environment of the neighborhood which is as created or contributed to by the approved tree removal to ensure the replacement of trees, landscape or otherwise reduce the effects of the tree removal, to limit the time and nature of the removal, to specify specific mitigation measures, erosion control, or other reasonable conditions to assure the purposes of this ordinance and the approval criteria will be satisfied. Conditions of approval may include, but are not limited to: Page 14 66 ~f I - T ATTACHMENT A Page __17_ of _ I, A. Requiring the tree to be replaced; B. Cutting a tree or 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 vegetation not requiring a tree removal permit to remain in place or be planted; D. Requiring the removal of injurious or noxious vegetation (such as English Ivy) from the property. Section 13. Duration ~f Permit Validity. Tree removal or topping permits shall be valid for a period of 90 days. If treJe 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 a~tomatically granted by the Director if an extension is requested in writing before the expir~tion 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 Liability. 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 of its 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 property 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 ofthemselves, 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. Section 15, TI ee Cal e PI Ol idel Lken!lc. Ally pel SOh, fiUh 01 eOI pOI MiOll engaged in the bU5ine55 of leltlO"ing 01 topping trees ~itllih tile Cit} of Woodbmn, 5hall. A. Seeme ah annual Tee Cale PlOvido PCIl/lit to do so flOIn the City Recolder. This pelmit i5 in addition to all othCI bU5illCSS liech5c5 lcquiled. D. Cm ry public liability ahd pi oper1y danlage ihSUI anee co vCI ing pwning, tIimnlihg, topping 01 lelllO\!illg tlce5, ih a minilllUIII anlouht to be e5tabli511cd b} tile Cit) Council Zl1ld polieic501 eertificate5 thcleof sllall be filed ~itll the City RecoldeI befoIe the pellllit i5 i55ued and the pCI501t 51lall keep said in5mahce in full folce and effect dmihg the tellll of the pClhlit. Page I 5 67 T ATTACHMENT A Pago J~ of 11 C. Sign an affidavit 5tatilig that hcl5he IIa51eceived alid Icad till: Tlee PlOteetioli OldihiUlce and the, most leqclJt ANSI A 300 Standalds and that all wOlk pClfollllcd will be COli5i5t~nt ~ith these doeunlcn:ts. Sueh affidavit shall be conlplctcd alid 5ubluitted wlleli makilig application fOl 01 lenewing a Cit) TICC Calc Plovidel Licelisc. Section 16. Tree Fund. A tree fund is hereby established as a depository for tree removal fees and penalty monies. SLlch 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 Vidlation. (1) If a tree is removed or topped without a tree lemoval permit, a violation shall be determi~ed by the Director through on inspection of the affected tree. A tree removalla-violation may be determined by measuring the stump. The top diameter of a 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 0" 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 36z..t caliper inches or more in diameter shall be considered prima facie evidence of a violation of this Ordinance. (2) Removal of the stump of a 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 of the owner of the 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. (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 writing regarding the mitigation requirements of Section II of this Ordinance. Within thirty (30) days of the date of mailing ofthis notice, the property owner shall submit a tree removal application in accordance with Section 7 and enter into a mitigation plan approved by the Director. Page 16 68 T ATTACHMENT A Page --Ll... of I, (6) Upon receipt of information that a violation of this ordinance may have occurred the Community Development Director may consult an arborist to evaluate the damage to a tree and/or make recommendations to remedy the violation. Upon evaluating these recommendations. the Director may require that the property owner implement the recommended measures. B. Separate. ContiI)luing, and Cumulative Violations (I) Any person 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 continues shall constitute a separate offense. (2) Any person 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, THIS SECTION IS RESERVED. Page 1 7 69 T IOD City of Woodburn 270 Montgomery Street Woodburn OR 97071 (503) 982-2345 Date: November 4, 2002 Scott Russell, Chief of pOlice~ From: To: Mayor and City Council 4, y1?? John $rown, City Administratgr/J v Through: Subject: Liquor License Application - Woodburn Shop-N-Kart Change of Ownership Applicants: B&E 4, LLC, DBA Woodburn Shop-N-Kart 1542 Mt. Hood Ave. Woodlburn, OR 97071 Bobby J. Ellis 2745 Weatherford Ct. NW Salem, OR 97304 Charles B lake Barton 1676 Ashland CR. NW Salem, OR 97304 License Type: Off Premise Sales - Allows for the sale of Malt Beverage, Wine and Cider On October 23, 2002, the Woodburn Police Department received an application for a liquor license from applicants Bobby J. Ellis, and Charles Blake Barton. The application is for a change of ownership. The police department has completed an in-depth background investigation on the applicants and found nothing of a questionable nature. Woodburn Shop-N-Kart has been established for many years. Bobby J. Ellis and Charles Blake Barton have recently taken over management of the establishment and plan to continue operations as in the past. The parties currently hold OLCC licenses for Shop-N-Kart stores in Albany, and Lebanon, and a Food 4 Less store in Salem. The police department completed a history of calls for service at Woodburn Shop-N-Kart for the previous twelve months and found two (2) liquor law violations at this location. A review of these cases showed that they were both violations where store security was the complainant and they were taking appropriate action. Recommendation: The Woodburn City Council approve an Off-Premise Sales liquor license for Booby Ellis and Charles Barton at Shop-N-Kart, 1542 Mt. Hood Ave., Woodburn. cc OLee Applicants 70 ... lOE City of Woodburn 270 Montgomery street Woodburn OR 97071 (503) 982-2345 Date: November 5, 2002 Scot11 Russell, Chief of pOlice~ From: To: May<!lr and City Council '" ' J h B C. d" v/t'7 on. rown, Ity A mmlstrato~_;'V Through: Subject: Liqwpr License Application - Shari's Restaurant New Outlet Applicants: Shad's Management Corporation, DBA Shari's of Wood bum 1543!Mt. Hood Ave. Woo(lburn, OR 97071 Shad's Management Corporation 8205iSW Creekside Place Beaverton, OR 97008 Toni Willis, Manager Shari's of Woodburn 33 Juniper Circle Woodburn, OR 97071 License Type: Limited On Premise Sales - Allows for the sale of Malt Beverage, Wine and Cider On October 21, 2002, the Woodburn Police Department received an application for a liquor license from applicant Shari's Management Corporation. The application is for a New Outlet for limited on premise sales. The police department has completed an in-depth background investigation on the applicants and manger and found nothing ofa questionable nature. Shari's of Woodburn has been established for many years. The parties currently hold OLCC licenses for Shari's Restaurants in other locations. They intend to physically partition off an area of 26 seats within the restaurant to create a lounge. Only adults will be allowed entry into the lounge, which will have video surveillance. The liquor dispensing area will be maintained behind a locked glass encasement. The police department completed a history of calls for service at Shari's of Woodburn for the previous twelve months and found no liquor law violations at this location. Recommendation: The Woodburn City Council approve a limited On-Premise Sales liquor license for Shari's Management Corporation and Toni Willis at Shari's of Woodburn, 1543 Mt. Hood Ave., Woodburn. cc 0 LCC Applicants 71 T MEMO /l To: For Council Action, through the City Administrato~~ From: David N. Torgeson, P.E., through the Public Works Director J3lJ{" Subject: Contract award for Sanitary Sewer Rehabilitation - Alley west of Front (Garfield to Cleveland) Date: November 6, 2002 lOF RECOMMENDA T10rt It is recommended th$t the City Council award the contract for Sanitary Sewer Rehabilitation - Alley'west of Front (Garfield to Cleveland) to the lowest responsible bidder, Emery & Sons Construction, Inc. in the amount of $52,600.00 BACKGROUND: The contract is in co~unction with Project No.2002-02-38, Bid No. 23-05. Bids were opened publicly on October 23,2002 at 3:00 PM. Emery & Sons was the only bidder on the project. The bid is less than is currently budgeted for the project. The rehabilitation project will be funded using approved, budgeted sewer funds. The project combines two projects listed in the Capital Improvement Program for FY 2002- 2003. Those are "Alley - Arthur to Cleveland," and "Alley - Garfield to Arthur." The total work scheduled for these projects during the current fiscal year totals $75,000. Pipe- bursting methods will be used, to reduce the excavation needed within the confinements of the alley. This Project needs to be completed prior to construction of surface improvements in the alley, which will be undertaken in a separate project. 72 I. T lOG MEMO X'P To: For Council Action, through the City Administrator' From: David N. Torgeson, P.E., through the Public Works Director, and ~ Randy We$trick, Director of Parks and Recreation ~ · Subject: Contract award for Woodburn Skate Park Date: November 7,2002 RECOMMENDA TIONI: It is recommended th* the City Council award the contract for Woodburn Skate Park) to the lowest responsil>le bidder, Select Contracting, Inc. in the amount of $177,389.00. BACKGROUND: The contract is in conjunction with Project No.2002-02-38, Bid No. 23-05. Bids were opened publicly on NQvember 7,2002 at 3:00 PM. Eight bids were received, with the following results: Contractor 1 Select Contra~ting Inc. 2 CORP Inc. 3 Sheets Constrtlction 4 First Cascade Corp 5A.C.S. Inc. 6 Milroy Golf Systems 7 Emery & Sons 8Axis Curb Co. Bid Amount $177,389.00 $199,500.00 $200,169.00 $246,804.00 $255,553.00 $264,454.00 $270,000.00 $289,200.00 Work on the Skate Park will commence immediately following a pre-construction conference, expected to occur within ten days after Award of the Contract. SOURCES OF FUND~NG Land and Water Conservation Fund (grant) General Fund SDC's Donations Total $93,500 $57,677 $25,000 $18,750 $194,927 73 ... lOB Staff R~ort Woodburn Recreation ~nd Parks Department Date: November 5, 2002 'l7 Mayor and City Council via John Brown, City Admini~~~r.::? / D. Randall Westrick, Recreation and Parks Director '\'" Position AlI~tion - Teen Scene Coordinator To: From: RE: RECOMMENDATIOtf: Allocate a Recreation Coordinator I position as a Project Appointment funded through the Woodbum Together OJJDP Drug Free Communities grant. BACKGROUND: At the October 14, 2002 meeting, the Recreation and Parks Department reported to the City Council that the Office of Juvenile Justice Delinquency Prevention approved Woodbum Together's application to fund the Teen Scene program through a Drug Free Communities Support Grant. That grant will provide funds for up to five years to operate separate teen centers for both middle and high school age young people in Woodbum. DISCUSSION: Induded within the funding package for Teen Scene is a full-time Recreation Coordinator I position. The Coordinator will plan and develop age appropriate programs for Teen Scene, work with Youth Councils in developing program ideas, collaborate with the School District to secure sites for special activities, work with parents and volunteers to assist with programs and gather program related data for grant reporting purposes. Because funding for the position is dependent upon a grant, staff recommends a Project Appointment. According to the City's Personnel Policies and Procedures Manual, this type of appointment is temporary for longer than nine months where to funding support is derived from a specific, dedicated revenue source associated with a special project. A detailed description of the position's duties is attached. Attachment 74 , I T WOODBURN ORE G 0 N Incorporated 1889 Teen Scene Program Coordinator (Recreation Coordinator I) Opening Date: Novem~er 13, 2002 Closing Date: Decemb~r 2, 2002 Salary Grade: 03 Applications are currentl~ being accepted for a full-time Program Coordinator that will supervise staff and youth that participat~ in the Teen Scene program. After school and evening activities for middle school and high school s~dent. Program is designed to help reduce the use of tobacco, alcohol and drug use among the target age group. JOB SUMMARY: Under the direction of the Recreation Services Manager, responsible for development and implementation of one middle school and one high school teen center. Limited time appointment in accordan~e with a grant from the Drug Free Communities Support Program. Renewable each year (October-Septdmber) until Fiscal year 2006-07. EXAMPLES OF ESSENTIAL JOB FUNCTIONS: . Directs the pl~ing, development, and implementation of the Teen Scene grant. . Schedule activities that are age and culturally appropriate for high school and middle school participants. . Assesses general interests/needs of participants and consider relative programming. . Supervise W oodbum Youth Council in developing programming ideas. . Leads staff in the planning and implementation of facility programs. . Collaborate with local school district to secure sites for special activities. . Recruit and train volunteers to provide after-school and evening supervision for activities. . Work with participants, volunteers and parents in providing a positive experience. . Recommend policy and procedural changes to the Recreation Services Manager. . Provide participation data to Recreation Services Manager for grant reporting purposes. . Keep current on trends related to the operation of teen centers. MINIMUM QUALIFICATIONS: . Bachelor degree in Recreation, Physical Education or related field; and one to two years professional experience as a recreation program coordinator; or any equivalent combination of education and experience which demonstrates the knowledge, skills and abilities to perform the above described essential functions . Previous experience working with middle school and high school students in a structured program. . Possession of or the ability to obtain the following certifications within six months of employment: Red Cross CPRlFirst Aid Standard Certification. . 21 years of age with a valid Oregon Drivers License . Ability to work effectively with staff and general public in a team environment . Required to work evenings and weekends. SALARY RANGE: $2,660 to $3,156 (DOQ) per month plus fringe benefit package Recreation and Parks Department 270 Montgomuy Strut' Woodburn, Oregon 97071 Ph.503-982-5264 . Fax 503-982-5244 75 T APPLY AT: Woodburn City Hall 270 Montgomery St. Woodburn, OR 97071 Applications are availablethrough the City's website: http://www.ci.woodbum.or.us or from the City's personnel office by calling (503) 982-5210. CLOSING DATE: Dece~ber 2.2002. The person(s) selected for this position must provide, at the time of appointment or on the f1rst working day, appropriate documentation of identity and eligibility to work as required by the ImmignHion and Naturalization act of 1986. If you wish to identify yourself as a qualified individual with adisability under the Americans with Disabilities Act of 1990 and will be requesting accommodations, that request must be made to the Personnel Officer no later than the closing date of this job announcement and the applicant must provide information on how reasonable accommodation may be met. AN EQUAL OPPORTUNITY EMPLOYER Teen Scene Program Coordinator Page 2 76 T 101 November 12,2002 TO: FROM: SUBJECT: Honorabl~ Mayor and City Council John C. arown City Administrator Vacancies and Term Expiration- City Boards, Commissions and Committees Recommendation: It is recommended the Mayor and City Council: 1. Announce existing vacancies and upcoming term expirations for positions on City boards and commissions and committees; and 2. Solicit applications from individuals interested in serving. Backe:round and Discu~sion: Vacancies and terms set to expire exist on the following City boards, commissions and Committees: Budget Committee Two positions (Grayce Higgins and Tom West) to expire on December 31,2002 Planning Commission Position 3 (James Cox), vacated by election to City Council Position 6 (Ellen Bandelow) to expire December 31, 2002 Position 7 (Royce Young) to expire December 31, 2002 Recreation and Park Board Position 2 (vacant) to expire December 31,2002 Position 6 (vacant) to expire December 31,2002 Position 7 (Hubertus Mittmann) to expire December 31, 2002 Library Board Position 1 (Marie Brown) to expire December 31,2002 Position 2 (vacant) to expire December 31, 2002 Pursuant to current policy, applications for these positions, and letters from incumbents interested in continuing to serve will be solicited. Appoints shall be made by the Mayor, with the concurrence of the Council, at the first meeting in January 2003. JCB 77 y l1A CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 From: November 12, 2002 --7 Honorable Mayor and City Council through City Administrator---~ Jim Mulder, Director of Community Developmen~ V Subdivilsion Application No. 02-03; a proposal to convert Woodburn Crest Estates Mobile Home Park into a 45 lot subdivision. Date: To: Subject: RECOMMENDATION: Continue the public hearing for Subdivision 02-03 to the November 25,2002 Gity Council meeting. BACKGROUND: ThiS public hearing was continued from the City Council meeting of October 28, 2002 to allow staff and the applicant to work out some remaining details of the project. Staff and the applicant are still working on these details. This should be completed within the next two weeks. To allow for a continuance of the public hearing, legal counsel for the applicant has submitted an extension of the 120-day rule to December 13, 2002. Staff recommends that the public hearing for Subdivision 02-03 be continued to November 25, 2002. 78 f I 1'- T CITY OF WQODBURN Community Development 14A MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: November 12, 2002 ~ /yf Honorable Mayor and City Council through City AdministratoI~' Jim M'1lder, Director of Community Developmenr Comml!Jnity Development Director's Action on Partition 02-01 to divide a resid~ntial property into two lots. To: From: Subject: On October 24, 2002, the Community Development Director approved a Partition request to divide a residential property into two lots located at 1820 East Hardcastle Avenue. This decision is final unless appealed or the City Council calls this decision up for review. Applicant & Property Owner: Lazar Kalugin 11220 Portland Rd NE Salem, OR 97305 NATURE OF APPLICATION: The applicant proposes to partition a residential property into two lots. One lot will be an interior lot on which a single-family home is currently located, and the other will be a flag lot with an existing shed, which is to be removed as part of this partition. RELEVANT FACTS: The property is located at 1820 E. Hardcastle Avenue, further identified on Marion County Assessor maps as Township 5 South, Range 1 West, Section 8DC, Tax Lot 6000. The property is 1.01 acres in size with a single-family home and a shed. There are also a number oftrees on the site which are proposed to remain. The property is zoned Single-Family Residential (RS). The adjacent properties to the east and west are zoned the same and consist of single-family homes and a vacant parcel. The adjacent property to the north (across Hardcastle) is zoned Multi-Family Residential (RM) and consists of a duplex. The city limit extends along the south side of the parcel. The adjacent parcel to the south is in Marion County and within the Woodburn Urban Growth Boundary. This parcel is zoned Marion County Single-Family Residential (RS) and is currently used as an orchard and has a single-family home on its south side. The proposed partition will divide the subject property into an interior lot (proposed Parcel 1) for an existing single-family home and a flag lot (proposed Parcel 2) for the remainder of the property. Parcel 1 is proposed to be 6,779 square feet in size, and Parcel 2 is proposed to be 37,115 square feet. Parcel 1 will take up the northeast corner of the property, and Parcel 2 will take up the remaining southwest portion of the property with a strip of land fronting on Hardcastle. 1 79 T 14B CITY OF WOODBURN Community Development MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503) 982-5246 Date: November 12, 2002 Honora~le Mayor and City Council through City Administrato.r'V Jim Mulder, Director of Community Development ~ Community Development Director's ActiJl on Residential Architecl:tural Standard Substitution 02-01. To: From: Subject: On November 5, 2002, the Community Development Director approved an application to allow alternate architectural elements to substitute for two required architectural standards. This decision is final unless appealed or the City Council calls this decision up for review. Applicant & Property Owner: Don Comstock 12020 SW 118th Street Tigard, OR 97223 NATURE OF APPLICATION: The applicant requests approval to allow three alternate architectural elements to substitute for not meeting two residential architectural standards. The affected standards require 25 year architectural style roofing and a minimum 6 foot porch dimension. The three alternate architectural elements that the applicant proposes to substitute for not meeting the two residential architectural standards that require 25 year architectural style roofing and a minimum 6 foot porch dimension are described as follows: 1. At least 15 percent of the total fac;ade surface of a dwelling unit facing a street frontage is required to be windows according to Section 3.107 .03.F of the WOO. The applicant is proposing 24 percent window coverage on the fac;ade of the dwelling unit facing the street which exceeds the above described standard. 2. A minimum 4:12 roof pitch of a home is required in Section 3.107.03.8.1.a. of the WOO. The applicant is proposing to exceed this standard by providing a roof pitch of 6:12. 3, A minimum porch area of 48 square feet is required in Section 3.107.03.E.2.a. The applicant is proposing a 74 square foot porch which exceeds this standard. 1 90 I ~ ... RELEVANT FACTS: The subject site is located at 1222 Roy Avenue in the Meadowwood Subdivision, further identified on Marion County Assessor maps as Township 5 South, Range 1 West, Section 18CD, Tax Lot 2000. The subject property is zoned Single-Family Residential (RS). Existing single family dwellings are located to the north, south, west (across Roy Avenue) and the east (across Comstock Way) of the subject site. The applicant has built a 2-story site-built home on the property. Site-built homes are subject to the design standards in Section 3.107.03 of the WOO. If these design standards are not met, then the applicant is required to apply for and receive approval for a residential architectural standard substitution. The two standards the applicant is proposing to substitute on the home are the roof material and the dimensions of the covered porch in front of the main entry. Composition roofing is proposed, and the design standard in the WDO requires 25 year architectural style composition roofing. The applicant proposes to provide 3-tab composition roofing Which does not meet this design standard. The minimum design standard for a covered porch is that it must be at least 48 square feet in area with the minimum dimension of 6 feet on any side. The covered porch is proposed to be 74 square feet in area with a width of between 2 to 4 feet. The applicant's 2 to 4 foot porch width dimension does not meet the minimum dimension of 6 feet on any side. The minimum porch area requirement is met. The remaining design standards required in the WOO for a site-built home in the RS zone are satisfied. 2 81 I . T FROM YES GRAPHICS PRINTING 00. PHONE NO. 503 981+7225 Nov. 11 2002 09:43AM P2 Sunday,~overnberl0.2002 Dear Kathy Figley, City COWlcil President, Mayor Elect The members of the WQodbum Skate Park would like to thank. everyone involved in helping make this proje~ become a reality. We appreciate all the efforts of the City Staff and the City Council. We also would like to recognize the help of our parents and local businesses. Specific people or Org~zations that we would like to publicly recognize are: Silverton Hospital Drums of Fire Wal-Mart MacClaren School for l30ys Leisure Time Day Spa The members of the S.te Park Committee We would also like to thank the Recreation and Parks Board, the City of W oodbum, the W oodbum Budget Committee, and the W oodbum City Council. Especially Randy Westrick, Kathy Figley, John Brown, and Mayor Jennings. Mayor Jennings is the originator of the Woodburn Skate Park. Without him none of this would be possible. He has always encouraged us to meet our goals. He also explained the process of government and how it can sometimes move slowly, but if we stayed focused our goals could be achieved. The W oodbum Skate Park committee would like to add our support for naming the park after Mayor Jennings. Thank you, Evan Thomas President of the Woodburn Skate Park I'~ , Home Schooler's Presents: ~ 2002 l're8en' atJected 6cene& I ~ T